Is an electric scooter or other mobility device a common wheelchair?
If an electric scooter or other mobility device meets the physical specifications of a common wheelchair as defined by the DOTs ADA regulations, it must be treated as a common wheelchair. May a transit operator require common wheelchairs be secured to the vehicle? Yes, provided that the transit operator has established such a policy. Section 37.165(c)(3) of the DOTs ADA regulations allows a transit operator to establish a policy that requires all riders to have their common wheelchairs secured while aboard a transit vehicle. Therefore, the operator may decline to provide service to a rider who refuses to allow his or her common wheelchair to be secured. Alternatively, transit operators may adopt a policy that allows common wheelchairs to ride unsecured. If the rider wishes his or her wheelchair to be secured, however, the operators personnel must provide the requested assistance. What kinds of securement equipment must be provided? Section 38.23(d) of the DOTs ADA regulations requires