Paratransit agencies are facing a difficult challenge in balancing public safety concerns without infringing on the civil rights of disabled individuals. Public transportation agencies owe their passengers the highest duty of care, and in order to provide the safest means of transportation, a mandatory seat belt policy appears to be necessary, especially when considering the safety of disabled individuals. The Americans with Disabilities Act, however, poses an obstacle to a mandatory seat belt policy. Taking into consideration the ADA’s broad nondiscrimination provisions, it may be a violation of the ADA to require passengers in wheelchairs to wear seatbelts. The issue of whether a mandatory seat belt policy would violate an individual’s civil rights has not previously been litigated. This report discusses some of the issues that arise in attempting to address both safety and civil rights. (Author/publisher)
Samenvatting