Riding on a bus in a wheelchair can be an unnerving experience when one’s chair is strapped down to the floor. The wheelchair may be secure, but the person in the chair lacks restraint in case of an accident. Now, states that do not require seat belts for passengers who use wheelchairs may be pressured to hit the brakes on a common practice.

Wheelchair Seat Belt Laws: Hit or Miss
Though shoulder harnesses and lap belts are available for wheelchair users in small buses and passenger vans, only five states require use of those safety devices, according to a report by The Associated Press. Only the restraints for the wheelchairs are required, leaving the person in the wheelchair vulnerable to deadly impact.

The five states that fully protect passengers who use wheelchairs:
•    Arkansas
•    Georgia
•    Minnesota
•    Washington
•    Wisconsin

These five states, according to a study by The Associated Press, require that both wheelchairs and their users are secured in “paratransit buses.” The report indicates that seat belt requirements are available in “just a handful of other states.”

These “handful of states,” including Oregon, New Jersey, and North Carolina, have limitations when it comes to providing safe motoring for passengers who use wheelchairs.

Wheelchair Seat Belt Study
A study conducted by the University of Michigan revealed that “simply strapping a wheelchair to the floor of a bus or van wasn’t enough protection.”

Of the 52 accidents surveyed by the university, a majority of the wheelchairs had been strapped to the floor of the vehicle. But as transportation safety expert Gina Bertocci points out, the safety belts for wheelchairs and their riders are often an option or a mystery.

“By and large, many of these injuries are preventable if the restraints had been used, or used properly,” said Bertocci, a University of Louisville professor.

A 2007 survey conducted by Easter Seals Project Action showed that passengers who use wheelchairs typically do not use the restraints. One in seven claimed to actually use the restraints.

ADA Stipulations
The ADA does not require use of safety restraints for wheelchair users unless other passengers are also required to wear safety belts. However, the ADA Accessibility Guidelines states, “Such seat belts and shoulder harnesses shall not be used in lieu of a device which secures the wheelchair or mobility aid itself.”

The idea is to treat passengers who use wheelchairs the same as passengers who do not use wheelchairs.

“Clearly, one could argue we need to look after the well-being of the people using these vehicles, but that leads us to a patronizing approach,” said former head of the National Council on Disability Lef Frieden. “If we’re not going to require the general public to wear seat belts on buses, we shouldn’t require people with disabilities [to wear seat belts].”