Does a common wheelchair need brakes in order to use public transit?
No. The DOT ADA regulations definition of a common wheelchair does not include a requirement for brakes or any other equipment. A transit operator may not deny transportation to a wheelchair user because the wheelchair does not have brakes or the user does not choose to set the brakes. Can an operator refuse to carry a person with a disability, especially a person using an electric scooter that meets the definition of a “common wheelchair,” because of higher insurance rates or liability concerns? No. Section 37.5(g) of the DOTs ADA regulations prohibits an operator from denying service to an individual with a disability because its insurance company conditions coverage or rates on the absence of individuals with disabilities or persons who use common wheelchairs. Can a transit operator require a person to transfer from a wheelchair to a vehicle seat? No. Section 37.165(e) of the DOTs ADA regulations allows persons who use wheelchairs to transfer to a vehicle seat, if one is available.
