Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature
Office of the Revisor of Statutes

HF 2777

as introduced - 91st Legislature (2019 - 2020) Posted on 04/01/2019 02:53pm

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Pdf Rtf
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18
1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3
2.4 2.5 2.6 2.7 2.8 2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14
3.15 3.16 3.17 3.18 3.19 3.20 3.21
3.22 3.23

A bill for an act
 relating to transportation; modifying requirements for wheelchair securement
devices; amending Minnesota Statutes 2018, sections 299A.12, subdivisions 1, 2,
3; 299A.13; 299A.14, subdivision 3; repealing Minnesota Statutes 2018, sections
299A.12, subdivision 4; 299A.18.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 299A.12, subdivision 1, is amended to read:


Subdivision 1.

General requirements.

deleted text begin Except as provided in subdivision 4,deleted text end Any vehicle
used by an operator to provide transportation service deleted text begin shalldeleted text end new text begin mustnew text end be equipped with wheelchair
securement devices deleted text begin which are approved by the commissioner of public safety as meetingdeleted text end new text begin
that meetnew text end the specifications of subdivisions 1 and 2. new text begin Only securement devices that meet the
requirements of the Americans with Disabilities Act may be used. new text end A wheelchair securement
device deleted text begin shall prevent any forward, backward, or lateral movement of an occupied wheelchair
when the device is engaged and the vehicle is in motion, accelerating or braking, and shall
attach to the frame of the wheelchair without damaging itdeleted text end new text begin must be installed and used
according to the manufacturer's instructions and Code of Federal Regulations, title 49,
section 38.23new text end . Wheelchair securement devices installed in any vehicle deleted text begin shalldeleted text end new text begin mustnew text end be
maintained in working ordernew text begin and according to the manufacturer's recommendationsnew text end .

Sec. 2.

Minnesota Statutes 2018, section 299A.12, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Strengthdeleted text end new text begin Designnew text end requirements.

The deleted text begin strengthdeleted text end new text begin designnew text end requirements deleted text begin for securing
the part of a wheelchair that is forward in the vehicle shall be one-half of those required for
the rear. Where the wheelchair securement device and the seat belt are combined in a
common system, those parts which provide the combined restraining force shall have a
combined strength of both according to the strength requirements of each as adopted by the
commissioner of public safetydeleted text end new text begin securement devices must meet the specifications in Code of
Federal Regulations, title 49, section 38.23new text end .

Sec. 3.

Minnesota Statutes 2018, section 299A.12, subdivision 3, is amended to read:


Subd. 3.

Maximum number of persons transported.

A vehicle used to provide
transportation service deleted text begin shalldeleted text end new text begin mustnew text end carry only as many persons seated in wheelchairs as the
number of securement devices approved by the commissioner of public safety as meeting
the specifications of subdivisions 1 and 2 with which the vehicle is equipped, and each
occupied wheelchair deleted text begin shalldeleted text end new text begin mustnew text end be secured by such a securement device before the vehicle
is set in motion.

Sec. 4.

Minnesota Statutes 2018, section 299A.13, is amended to read:


299A.13 ADDITIONAL SAFETY REQUIREMENTS.

Subdivision 1.

Seat belt.

Any vehicle used to provide transportation service deleted text begin shalldeleted text end new text begin mustnew text end
be equipped with seat belts deleted text begin whichdeleted text end new text begin thatnew text end are approved by the commissioner of public safety.
The seat belts required by this subdivision deleted text begin shalldeleted text end new text begin mustnew text end be adequate to secure the occupant
of a wheelchair who is being transported by the vehicle. deleted text begin Thesedeleted text end new text begin Thenew text end seat belts deleted text begin shalldeleted text end new text begin mustnew text end be
used only to secure the person and deleted text begin shalldeleted text end new text begin mustnew text end not be used to secure the wheelchair unless
the wheelchair securement force is not cumulative to the seat belt. The seat belts deleted text begin shalldeleted text end new text begin mustnew text end
meet all other applicable state and federal requirements for safety.

Subd. 2.

Electric wheelchair.

When transportation service is provided to an individual
in an electrically powered wheelchair, the main power switch of the wheelchair deleted text begin shalldeleted text end new text begin mustnew text end
be placed in the "off" position at all times while the vehicle is in motion.

new text begin Subd. 3. new text end

new text begin Mobility aid accessibility. new text end

new text begin (a) Vehicles equipped with wheelchair securement
devices must provide a level-change mechanism or boarding device such as a lift or ramp
that complies with Code of Federal Regulations, title 49, section 38.23.
 new text end

new text begin (b) Wheelchair lifts must comply with the National Highway Traffic Safety
Administration's Federal Motor Vehicle Safety Standards for public use lifts as outlined in
Code of Federal Regulations, title 49, sections 571.403 and 571.404.
 new text end

new text begin Subd. 4. new text end

new text begin Driver's responsibility. new text end

new text begin (a) The driver of a vehicle equipped with a wheelchair
securement device has the duties outlined in this subdivision.
 new text end

new text begin (b) The driver or a person designated by the driver shall ensure that an occupied
wheelchair is properly secured before the driver sets the vehicle in motion.
 new text end

new text begin (c) The driver or a person designated by the driver shall ensure that the seat belt assembly
is properly adjusted and fastened around the wheelchair user in a manner consistent with
the manufacturer's recommendations before the driver sets the vehicle in motion when:
 new text end

new text begin (1) requested by the wheelchair user;
 new text end

new text begin (2) the wheelchair user is unable to communicate;
 new text end

new text begin (3) seat belt usage is required of all passengers in the vehicle; or
 new text end

new text begin (4) the vehicle is a school bus.
 new text end

new text begin The seat belt assembly must not be fastened if the wheelchair user or other responsible
person advises the driver that to do so would aggravate a physical condition of the wheelchair
user. If a restraint device is available that would not aggravate the physical condition of the
user, it must be fastened in the required manner.
 new text end

new text begin (d) The driver or a person designated by the driver shall ensure that securement devices
and seat belt assemblies are retracted, removed, or otherwise stored when not in use to
prevent tripping of persons and damage to devices.
 new text end

Sec. 5.

Minnesota Statutes 2018, section 299A.14, subdivision 3, is amended to read:


Subd. 3.

Standards.

The inspection shall be made to determine that the vehicle complies
with the provisions of sections 299A.12deleted text begin , subdivisions 1 and 4,deleted text end and 299A.13deleted text begin , subdivision
1deleted text end deleted text begin ;deleted text end new text begin andnew text end that the securement device deleted text begin isdeleted text end new text begin and level-change mechanism or boarding device such
as a lift or ramp arenew text end in working orderdeleted text begin ;deleted text end and deleted text begin that the securement device isdeleted text end not in need of
obvious repair. The inspection may include testing the use of a securement device while
the vehicle is in motion.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 299A.12, subdivision 4; and 299A.18, new text end new text begin are repealed.
 new text end

APPENDIX

Repealed Minnesota Statutes: 19-4805

299A.12 WHEELCHAIR SECUREMENT DEVICE.

Subd. 4.

Transit vehicle; rules.

A transit vehicle used to provide transportation services may be equipped with wheelchair securement devices that may be engaged and released by the user or the user's assistant. The commissioner of public safety shall adopt rules as necessary to set standards for the operation, strength, and use of these wheelchair securement devices.

299A.18 RULES; APPROVAL OF WHEELCHAIR SECUREMENT DEVICE.

The commissioner of public safety shall, no later than July 1, 1979, adopt rules containing standards for wheelchair securement devices that meet the requirements of sections 299A.12, subdivision 1, and 299A.13, subdivision 1, and shall approve or disapprove of securement devices that meet those standards.