Interpretation ID: nht92-3.36

DATE: 09/30/92

FROM: EDNA SUTLIEF -- PROJECT CONCERN (ATCHISON, KANSAS)

TO: CHARLES GAUTHIER

TITLE: REQUEST FOR WRITTEN RESPONSE REGARDING USE OF SEATBELTS AND TIEDOWNS

ATTACHMT: ATTACHED TO LETTER DATED 11-13-92 FROM PAUL J. RICE TO EDNA SUTLIEF (A40; STD. 208; STD. 209)

TEXT: Mrs. Edna Sutlief at Project Concern in Atchison, Kansas has requested written response regarding the use of seatbelts and or the use of tiedowns in vans used for transporting disabled and senior citizens at Project Concern.

I spoke with Art Neill who confirmed for me that there are no Federal mandates which cover seatbelt use for handicapped Passengers in lift-equipped vans. Mrs. Sutlief would like something in writing stating this, because she has a driver who is refusing to drive a van unless all passengers are using seatbelts.

Since The state of Kansas mandates the use of seatbelts only in front seats, Mrs. Sutlief is concerned that she or the Project Concern staff will be in violation of Section 504 of the Rehabilitation Act if they insist on seatbelts or tiedowns for disabled passengers riding in the rear of vans. I suggested posting something in each van encouraging the use of belts for everyone, and agreed to speak with someone about her request for something in writing.

Because of ADA and increasing awareness of the need to treat all equally in facilities such as Project concern, calls of this nature will probably increase. The hotline staff should have more information on how to answer these