The Traveling Wheelchair

Transportation Safety for Wheelchair-Seated Travelers

I love to travel and I’m out and about in my van all the time, but I never really gave much thought about how safe I was when traveling until I was seriously injured in an auto accident on May 18, 2008. I was heading to the Kiss 108 Concert at the Tweeter Center when traffic suddenly stopped short and we hit the car in front of us. Our van was only traveling 30 mph. My friends weren’t injured because their seatbelts kept them safe.

At the time of the crash, my wheelchair was secured with tie downs and I had both my wheelchair seatbelt and my van’s lap/shoulder seatbelts on but none protected me. First my vehicle seatbelt let go.

Then my wheelchair seatbelt ripped off the screw that attached it to my wheelchair. I went flying out of my chair and was injured. My Aunt was in her car behind us and called 911 for help. I was taken by ambulance to a local area hospital and discharged after a head CT was negative. My mom and dad came and took my friends and me back home in their van.

Two days later I was admitted to the Trauma Unit at Beth Israel Deaconess Medical Center and spent five very long days there undergoing tests because I developed an abdominal hematoma as a result of my accident and it was compressing my kidney.

After I recovered, my mom and I contacted my State Senator and State Representative to ask if there are any Massachusetts State Laws regarding safety of transporting persons in wheelchairs. Surprisingly there are NONE.

Then my mom and I contacted the Washington office of Congressman Barney Frank. She spoke with Markus Rose, Legislative Assistant and asked if there are any Laws regarding the safety of transporting persons in wheelchairs. Markus was very kind and concerned and he put my mom in touch with an inspector from NHTSA (National Highway Traffic Safety Administration) and asked him to investigate what laws are already on the books regarding safely transporting persons in wheelchairs and what laws may be needed.
 
UNBELIEVABLE as it may seem, NHTSA found that there are NO Federal or State Legislation/Law requiring wheelchair users to be safely restrained in motor vehicles during transport.
 
It must have been an OVERSIGHT !!

There are State Laws for all persons and even stricter laws for infants and children  requiring them to be properly restrained in passenger vehicles but none for persons traveling in a wheelchair. And the vehicle manufacturer of their lap and shoulder belt restraints are regulated by the Federal Motor Vehicle Safety Standards (FMVSS) established by the National Highway Traffic Safety Administration (NHTSA) of the U.S. DOT. Wheelchair passenger lap and shoulder belt restraints are installed by conversion companies and not by the vehicle manufacturer so they are not regulated by FMVSS.

And you can’t depend on your wheelchair seatbelt for protection. Wheelchair manufacturers clearly state that their wheelchair seatbelts are used ONLY for posture positioning and support and are NOT designed or intended to protect wheelchair seated passengers in a vehicle during transport. Wheelchair seatbelts can sometimes rip off your wheelchair depending on how your seatbelt is fastened to your wheelchair. I wrote more about different kind of mounts on my review of  Mounts for Wheelchair Seatbelt .

I guess someone forgot about safety for us wheelchair passengers!

The inspector at NHTSA then asked my mom if it was alright if he shared the information of my accident with an expert at a department at the University of Michigan who is performing some research for NHTSA regarding wheel chair accidents. Of course my mom agreed.

My mom was contacted by Lawrence W. Schneider, Ph.D, Director,  University of Michigan’s  RERC WTS (Rehabilitation Engineering Research Center on Wheelchair Transportation Safety).

Dr. Lawrence Schneider told my mom that he and other staff of the RERC WTS have been working for more than two decades to improve transportation safety for wheelchair users. They have developed “WC19” standards, which is equipment that is crash tested.  Yet even today, most wheelchairs that are sold to, and used by, persons do not comply with WC19. You can read all about “WC19” standards at http://www.rercwts.org/WC19.html .

Dr. Lawrence Schneider also told my mom that “people with physical disabilities who must remain seated in their wheelchairs when traveling in motor vehicles are at high risk of injury in the event of a motor vehicle crash, and even in non-crash events such as sudden vehicle stopping or turning.” My mom discovered that there are many individual cases where a wheelchair occupant was seriously or fatally injured in a sudden stop or minor crash when they came out of their wheelchair because of no restraint or improper restraint. 

Just last Friday, there was an 81-year old woman in a wheelchair on a Detroit bus who died when she came out of her wheelchair in a sudden stop, most likely because she didn’t have any seat belt restraints on. You can view the story at : ( http://www.detnews.com/apps/pbcs.dll/article?AID=/20081025/METRO01/810250413&imw=Y).

Dr. Lawrence Schneider told my mom that seatbelt laws are State laws and the State of New Jersey is the FIRST State in our Country who recently pre-filed Legislation (Bill A-839) regarding wheelchair-seated travelers in passenger automobiles, as well as vans, pick-up trucks and utility vehicles, to have their wheelchairs secured and to use lap and shoulder belt restraints.
 
New Jersey Assemblymen Upendra Chivukula and Eric Munoz were the primary sponsors of  Bill A839 which you can view at http://www.njleg.state.nj.us/2008/Bills/A1000/839_I1.HTM .

They also filed Companion Bill, A837, which requires proper training for drivers transporting passengers in wheelchairs which you can view at  http://www.njleg.state.nj.us/2008/Bills/A1000/837_I1.HTM .

My Congratulations to New Jersy!

This NJ Legislation is a good start but Dr. Schneider believes it should also include that the equipment is ‘crash tested’ and “WC19” approved! I especially believe that all equipment should be crash tested for obviously the vehicle seatbelt that I had on wasn’t or it wouldn’t have broken.

My mom and I have asked my State Senator and State Representative to file MA Legislation that would require wheelchair-seated travelers in personal vehicles as well as small buses, full-size vans, and minivans, to have their wheelchairs secured and to use lap and shoulder belt restraints that have been crash tested and “WC19” approved. 
 
Dr. Schneider also educated my mom on the Federal laws, such as ADA and IDEA (Individuals with Disabilities Education Act) that give wheelchair users access to public transportation while seated in their wheelchairs, but ADA doesn’t really do much to provide them with “the opportunity” for a SAFE RIDE. ADA is vague and doesn’t really address the safety of the wheelchair passenger adequately since it: (1) allows for not securing wheelchairs and (2) is completely silent on the use of seat belts. 

My mom also learned that ‘Federal Motor Vehicle Safety Standard 222 for school bus seating and crash worthiness does require wheelchair stations installed by the bus manufacturer to provide four-point, strap tiedowns and three-point belts but federal standards don’t address the use of this equipment by school districts and the regulation doesn’t apply to wheelchair stations installed by school districts after the bus has been purchased.’

Congressman Barney Frank kindly took the time from his busy schedule to meet with my mom, friends and me last week on October 30, 2008 to discuss the high injury risk that wheelchair passengers face and how our State and Federal Government can help to improve transportation safety for wheelchair-seated travelers. Congressman Barney Frank assured me that he will file legislation and do all he can to ensure the safety of all American wheelchair passengers. He also told me that he will support MA Legislation regarding wheelchair passenger safety.

My mom gave Congressman Barney Frank a copy of a letter that Dr. Schneider wrote to her which explained these other ways our Government can help: (1) getting wheelchair manufacturers to become more proactive in designing and marketing products that comply with WC19; (2) getting Medicaid, Medicare, and other third party payers to cover additional costs related designing and testing wheelchair to the requirements of WC19 and (3) improving driver training programs that teach how to properly secure different types of wheelchairs and how to position the lap and shoulder belts on wheelchair-seated occupants.

The mission of the RERC WTS, as stated on their website at http://www.rercwts.org/  reads; “The mission of the RERC WTS is to build on the accomplishments of the past RERC to make measurable improvements in transportation safety, usability, and independence for people who remain seated in their wheelchairs when traveling in public, school, and private motor vehicles”.
 
The RERC WTS website has a lot of important information on the topic of wheelchair transportation safety.  They also include a link to a brochure called, ‘Ride Safe’ at http://www.travelsafer.org/. Ride Safe provides information to help persons travel more safely in motor vehicles while seated in your wheelchair. You can  read articles written by Lawrence W. Schneider and other staff at RERC WTS by going to  http://www.rercwts.org/info.

If you know about a crash involving a driver or passenger who was seated in a wheelchair or about a wheelchair tipping over in a van or bus, please report it to RERC WT at http://www.travelsafer.org/files/wheelchairaccident.pdf .

If you want to help to improve transportation safety for wheelchair-seated travelers, Kenny & co suggest:

1. Call or write your local State Senator and State Representative and ask them to file Legislation in your State that that would require wheelchair-seated travelers in personal vehicles as well as small buses, full-size vans, and minivans, to have their wheelchairs secured and to use lap and shoulder belt restraints that are crash tested / WC19 approved. Plus provide proper training for drivers transporting passengers in wheelchairs. (Your State Legislators contact information can be found on your State’s Government website. All our States Government websites can be found at    http://www.loc.gov/rr/news/stategov/stategov.html . You can locate your MA State Legislator at http://www.mass.gov/legis/ )

2. Call or write your Congressman and US Senator and ask them to contact RERC WTS for expert advice on what our Federal Government can do to help ensure the safety of all American wheelchair passengers.  You could also ask your Congressman and US Senator to contact Congressman Barney Frank’s office to see how they can help make needed changes.  (You can find your Congressman and US Senator’s contact information at http://www.usa.gov/Contact/Elected.shtml )
 
My mission statement on my website, ‘The Traveling Wheelchair’ is “To help make the world more sensitive, respectful and accessible to all.” I would also like to help make the world more SAFE.

Our Heartfelt Thank You to RERC WTS, Dr. Lawrence W. Schneider and his staff for all of their dedication and hard work on improving transportation safety for wheelchair users.

And

Our Heartfelt Thank You to Congressman Barney Frank, State Representative Stephen Canessa, Senate President Therese Murray,  Senator Marc Pacheco and Senator Joan Menard and their dedicated staff for your willingness to help improve transportation safety for wheelchair users.

Together we can help to make the world more sensitive, respectful, accessible and safer to all.

Thank You!

Kenny & co