Guidance Questions and Answers Concerning 49 CFR Part 39, ADA Rules Concerning Passenger Vessels

39.95

QUESTION: UNDER WHAT CIRCUMSTANCES IS A PVO REQUIRED TO COMPENSATE A PASSENGER WITH A DISABILITY FOR LOSS OF OR DAMAGE TO A WHEELCHAIR OR OTHER ASSISTIVE DEVICE?

ANSWER:

*Generally, a PVO must compensate a passenger with a disability for the full value (measured by the original purchase price) of a lost or damaged wheelchair or mobility device.

*This obligation applies in any situation in which the device is under the control or care of the PVO or a party acting on behalf of the PVO (e.g., an agent or contractor).

*However, there may be circumstances in which a wheelchair or mobility device is damaged as the result of action by the passenger, who is in control of the device at the time. For example, a passenger riding a scooter might run into a fixed object, damaging the scooter. In such a case, the PVO would not be responsible for compensating the owner.