Department of Transportation Disability Law Guidance: Questions and Answers Concerning Wheelchairs and Bus and Rail Service

May a transit operator deny boarding to a rider whose wheelchair is difficult to secure?

• No. If the transit operator has a policy that requires securement, or if a rider asks that the wheelchair be secured, Section 37.165(f) of the DOT ADA regulations requires transit personnel to use their best efforts to secure the device. Section 37.165(d) states that transit operators cannot refuse to accommodate a wheelchair because the device cannot be secured to the driver’s satisfaction. Given the diversity of wheelchairs, transit operators should consult with the owner of the wheelchair to determine the best means of securement.