36 CFR Part 1192 Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (2016 Non-Rail Vehicle Guidelines) - Preamble

Clear Width of Circulation Paths and Maneuvering Clearances at Wheelchair Spaces

In the 2010 NPRM, the Access Board proposed specific minimum dimensions for the clear width of circulation paths within non-rail vehicles, as well as maneuvering clearances at wheelchair spaces. For the reasons discussed below, these proposals have not been retained in the final rule. Instead, pending further research, the 2016 Non-Rail Vehicle Guidelines retain the approach in the existing guidelines by requiring “sufficient clearances” for passengers who use wheelchairs to move between accessible doorways and wheelchair spaces, and to enter and exit wheelchair spaces. See T504.1; see also 36 CFR 1192.23 (a), 1192.159 (a)(1) (existing requirements for clearances for passengers who use wheelchairs).

Since the initial issuance of the existing guidelines in 1991, various parties—including individuals with disabilities, transit operators, and vehicle manufacturers—have requested guidance on the meaning of “sufficient clearances.” Questions about clearances arose in the context of circulation paths that connect accessible doorways and wheelchair spaces, as well as maneuvering spaces at wheelchair positions, which, on buses, OTRBs and vans, are typically confined on three sides by seats, side walls, or wheel wells.

Over the course of this rulemaking, the Access Board has attempted to clarify the meaning of “sufficient clearances” by proposing specific dimensions for the clear width of circulation paths and maneuvering clearances at wheelchair spaces, as well as more clearly specifying the obligation to ensure that features along circulation paths—particularly in the front vestibule of buses (where stanchions or fare collection devices tend to be located)—do not interfere with the maneuvering of wheelchairs or other mobility devices. For example, in the 2007 Draft Revised Guidelines, the Board proposed a fixed metric for the minimum clear width of circulation paths (36 inches), as well as maneuvering clearances of 6 inches (for front or rear entry wheelchair spaces) or 12 inches (for side entry wheelchair spaces) when wheelchair spaces are confined on three sides. See 2007 Draft Revised Guidelines, §§ 1192.23(a)(2), 1192.23(d)(2). These clearances were in addition to the requisite 30 inch by 48 inch minimum clear floor space for each wheelchair space. The 2007 draft also proposed guidelines for clearances at turns (such as the turn needed at the front of a bus) along circulation paths. Id. § 1192.23(a)(2).

Many commenters to the 2007 Draft Revised Guidelines were critical of these new proposals for maneuvering clearances at wheelchair spaces and the clear width of circulation paths.¹³ Accordingly, in the 2008 Draft Revised Guidelines, the Access Board modified the proposed requirements for maneuvering clearances and clear width of circulation paths. The proposed additional clearances for maneuvering in or out of wheelchair spaces were trimmed by 1 inch (front or rear entry wheelchair spaces) and 6 inches (side entry wheelchair spaces) respectively. See 2008 Revised Draft Guidelines, Sections T402.4.1, T402.4.2. The proposed minimum clear width of circulation paths was also decreased to 34 inches. Id. at Section T502.2. Additionally, the 2008 Draft Revised Guidelines did not retain the proposal for maneuvering clearances at turns; instead, the 2008 draft proposed a more general requirement that features on circulation paths should not interfere with the maneuvering of wheelchairs. Id. at T502.3.

In the 2010 NPRM, the proposed requirements for maneuvering clearances at wheelchair spaces and minimum clear width of circulation paths mirror the proposals in the 2008 Draft Revised Guidelines. See 2010 NPRM, Sections T402.4.1, T402.4.2 & 502.5. Additionally, the 2010 NPRM sought comment on a number of issues related to the proposed rule, including sufficiency of the proposals to meet the needs of persons with disabilities, feasibility of proposed clearances on different vehicle types and models, potential seat loss, and views on establishment of performance standards for passengers who use wheelchairs related to movement within vehicles and entry/exit from securement locations. See 2010 NPRM, 75 FR at 43751, Question Nos. 7 – 12.

Commenters’ reactions to the proposed specifications in the 2010 NPRM for maneuvering clearances and clear width of circulation paths were decidedly mixed. The disability community, while generally applauding the Board’s effort to replace the approach in the existing guidelines (i.e., “sufficient clearances”) with quantified minimum clearances, nonetheless expressed some skepticism that such clearances would be adequate to accommodate all types of mobility devices, particularly larger wheelchairs.

Reaction from the public transit community was, on the other hand, solidly opposed to the proposed specifications for minimum clear width of circulation paths and maneuvering clearances at wheelchair spaces. APTA and a large transit agency expressed support for the proposed clearance for side entry wheelchair spaces, but also noted that this clearance could result in some (unspecified) seat loss. Otherwise, the transit community uniformly opposed the clearances proposed in the 2010 NPRM. Several transit agencies submitted detailed drawings demonstrating that the proposed maneuvering clearances would, depending on various factors (e.g., vehicle type, model, and seating layout), have significant consequences, such as: elimination of some models of non-rail vehicles or costly redesign of others, seat loss, discontinuation of flip up seats at wheelchair spaces, or procurement of more expensive seating equipment. Providers of paratransit services also urged the Board to exempt cutaway vehicles (minibuses) used for paratransit because their small size would make compliance difficult, result in loss of wheelchair spaces, or necessitate purchase of larger vehicles. There was broad support among the transit community for development of performance standards for onboard clearances for passengers who use wheelchairs.

Several bus manufacturers echoed the view that, for some bus models, compliance with the proposed requirements would require modification of designs and seating plans. One manufacturer noted some models of large buses might lose up to two seats for every side entry wheelchair space extended to meet the proposed 54-inch clearance. Another manufacturer submitted drawings showing that the proposed 34-inch minimum clear width for circulation paths would result in the loss of 10 – 14 seats per vehicle, depending on the model of bus. Manufacturers also noted concerns about design constraints due to current axle designs, noise level specifications, and wheel well strength requirements. There was strong support among bus and van manufacturers for establishment of performance standards. 

Lastly, a university-based transportation research center stressed that development of suitable dimensions for maneuvering clearances and clear width of circulation paths on transit buses depended on multiple inter-related factors, including: types of mobility devices, orientation of nearby seats, and relationship of wheelchair spaces to adjacent elements. Because of the complex relationship between these factors, the research center urged the Access Board to first undertake an in-depth study to better understand their interplay before promulgating criteria for clearances—criteria which, in their view, should be performance based, rather than prescriptive, to provide flexibility and foster innovation.

After careful consideration of commenters’ views, the Access Board has determined that enumeration of dimensions for clearances is not advisable at this time. Ensuring that passengers who use wheelchairs and other mobility devices can safely and easily move from doorway to wheelchair space, as well as into and out of the securement system at that space, is a complex challenge that, as commenters rightly note, calls into play numerous variables and considerations. Throughout the course of this rulemaking, dating from the 2007 Revised Draft Guidelines through the 2010 NPRM, the Board has attempted to provide better guidance on the meaning of “sufficient clearances”—as provided in the existing guidelines—by proposing various minimum dimensions for maneuvering clearances at wheelchair spaces and clear width of circulation paths. Each iteration of these regulatory proposals, however, has been met with mixed reviews. Commenters made plain that a “one size fits all” approach—such as the establishment of specific minimum dimensions for clearances in the proposed rule—might provide modest benefits to some passengers who use wheelchairs or other mobility devices, but would also come at a steep cost in terms of vehicle redesign or seat loss. There was also uniform agreement that, given the complex interplay of factors, performance standards for onboard circulation of passengers who use wheelchairs would be useful and preferable.

However, while there are ongoing research studies aimed at improving the interiors of transportation vehicles for passengers who use mobility aids, the current state of information does not provide a sufficient basis for development of performance standards. The Board is hopeful that these ongoing research efforts will help to inform future rulemaking efforts. For example, the Rehabilitation Engineering Research Center on Accessible Public Transportation (RERC-APT) is conducting human factors research on boarding and disembarking vehicles by passengers with disabilities, as well as improved vehicle interiors, which may provide some of the evidentiary bases needed for the development of performance standards.¹⁴

In the meantime, however, the 2016 Non-Rail Vehicle Guidelines do not specify a minimum clear width for accessible circulation paths or maneuvering clearances at wheelchair spaces. Instead, the final rule retains the existing requirement that the clear width of accessible circulation paths must be sufficient to permit passengers using wheelchairs to move between accessible doorways and wheelchair spaces, and to enter and exit wheelchair spaces.