Category: Transportation

Categories
Transportation

Shocking Seat Belt Violations

Seat Belt cameras

Recent travel in New Zealand and Australia presented me with plenty of disability blog material. As a frequent traveler to both destinations, I expected to encounter inaccessible public toilets and bathrooms and get grief from airlines about my mobility scooter. However, it never crossed my mind that seat belts would cause sufficient angst to become a blog post topic! Yet here I am reporting on a tale involving AU$1,674 in traffic fines and three demerit points for seat belt violations in two different Australian States—Queensland (AU$1,251) and New South Wales, NSW (AU$423). (In Florida, where I live, a fine for a safety belt violation is only $30.00.)

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As a driver for 55 years, I have willingly worn seat belts ever since they were first mandated in New Zealand in the 1970s. Buckling up has always been routine and nondebatable for both myself and my passengers. I accept data that seat belts reduce the risk of fatal injury by 45% and moderate serious injury by 50%. I understand this is due to the force on the seat belt being as much as 20 times our weight which is how hard we hit the windscreen, steering wheel, or dashboard in a crash if not buckled up. Even after the advent of air bags, I recognize that seat belts are still necessary to prevent passengers or drivers from being ejected during accidents and minimize injury from the force of an airbag’s impact.

So what happened? How does a compliant seat belt enthusiast rack up such exorbitant fines? We didn’t even get flashing lights or sirens pulling us over. In Queensland my sister was driving and in NSW my brother was driving. In both cases I was the passenger. To cap it off, we were only in Queensland for about six hours!

The shocking news arrived in the mail about two weeks after the alleged offenses. We had been caught by seat belt detection cameras installed at traffic lights. To put it politely, we were astonished because we were all wearing our seat belts. However, that wasn’t enough. The charge read “passenger seatbelt not properly adjusted/fastened.” We not only had to wear a seat belt, but it also had to be worn “properly.” In order to meet this standard the belts have to be worn across the strongest parts of the body—the lap belt across the hips and the shoulder belt across the chest. I was wearing the shoulder belt under my arm to stop it resting on my neck or face. And therein lay the dilemma. I could not wear the seat belt properly.

The relaxed and stress free part of my trip was interrupted by the need to write a letter to support my siblings request to review and cancel the fines and demerit points. My letter explained it this way:

“I have a musculoskeletal condition of a permanent nature, namely a rare form of dwarfism called Larsen’s Syndrome. Although I stand at 1.01 meters tall, my dimensions are disproportionate meaning I have longer limbs and a very short trunk. This means I cannot safely wear a shoulder seat belt. Although I can wear the lap portion of a seat belt across my hips, the sash falls across my face and neck instead of my chest and mid shoulder. As a result, the force of the impact is spread over a weaker part of my body instead of the stronger chest area. Instead of protecting me from injury, the “correct” way of wearing the seat belt puts me at higher risk of injury in a crash.”

I also asked for a special accommodation allowing me to use the shoulder seat belt under my arm. Even though Queensland and NSW both have a formal process to apply for a seat belt exemption, grounds for an exemption are very limited and extremely rare. For example, pacemakers, physical disability, pregnancy, and psychological conditions are not exempt. The application requires an appropriate medical certificate from a licensed Australian physician. Doctors are discouraged from providing letters stating that the use of a seatbelt is not required and encouraged to advise the patient to have the seatbelt modified.

Since my travel budget did not include fines of this magnitude, and my siblings did not want demerit points on their licenses, we bolstered our review request by seeking an exemption. My sister worked on the Queensland Seatbelt Exemption Certificate (Form F2690) with her doctor who was willing to sign the form because he had met me a few times when my father was in his care. We hope that submitting the Exemption Application will be enough to tip Queensland’s review request scales in our favor. We chose not to submit this form with our NSW review request. Aside from this being an out-of-state form with questionable weight, we did not want to put NSW on notice that we had a prior violation for the same offense.

So what’s the moral of the story? Be sure to buckle up properly no matter what country or State you travel in. And follow the requirements for obtaining an exemption if you need it. In researching for this post, I learned that even in Florida I need to get my doctor to certify that I have a medical condition that causes my seat belt use to be inappropriate or dangerous. Then carry a copy of the certification while driving or as a passenger.

Meanwhile we wait and pray for news that both Australian fines and demerit points have been cancelled.

Image description: The back side of a street sign and three traffic light sets hang below the horizontal arm on a pole; a vertical pole stands on top with a cylindrical shape traffic surveillance camera; all four attachments are backdropped by white clouds and blue sky.

Image by StockSnap from Pixabay

For more writings by Angela Muir Van Etten, go to:

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Categories
Transportation

Mobility Scooter Refused Boarding

scooter at airport

After flying across America and the Pacific with my mobility scooter without incident in February 2026, I was shocked two weeks later when Qantas refused to board the scooter on my flight from Christchurch, New Zealand (NZ) to Sydney, Australia! In effect they were also refusing to board me because traveling without the scooter was not an option.

The refusal was preceded by a series of irrelevant questions about the scooter battery. The question that made no sense was how many hours are left on the battery? When I said I had no idea and asked why this was pertinent, the junior staff agent appeared with a screwdriver with the intention of opening the battery to find out.

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Clearly she had no idea what she was doing so I blocked this maneuver. She was unimpressed with my answering a question she didn’t know to ask: is the battery dry cell or lithium? And my reference to traveling with this gel (dry) cell battery and scooter numerous times on many different airlines in the United States, Australia and N.Z. were unpersuasive.

My appeal to senior staff did not improve the situation. Although I arranged for a Pride mobility scooter company representative to call the Qantas check-in agents to provide battery details and confirm the scooters flight safety, boarding was still denied. But instead of citing a battery problem, the airline changed its’ story. Now staff said there was no room on the plane because there was only one tie down available and this was in use by another scooter! So why all the song and dance about the scooter battery if there was no room on the plane?

I was offered alternative flights that involved a stopover and the addition of several hours to the trip, a 3:00 AM check in for an early flight the next day, or switching to another airline with a late evening arrival. None of these options were acceptable given my need for sleep, a shorter trip, and reducing the risk of luggage and the scooter missing a connecting flight. Besides, the offer of the alternative flight was withdrawn upon learning that it was fully booked.

After spending at least 1 ½ hours at the check-in counter, removing the scooter seat to allow access to the battery, and requesting a chair to sit on while waiting for a decision, I had no choice but to accept a flight at the same time the next day. Thankfully, my friends were willing for me to return home with them for another night and there was time to notify family organized to meet me at the Sydney airport that I was arriving a day late.

This whole debacle was a case of history repeating itself. Ten years earlier, I flew with Qantas from Sydney to Auckland to Sydney. However, that time was more complicated as our travel party included eight family members and two mobility scooters. When attempting to gate check the scooters, we were redirected to a waiting area where more knowledgeable staff would meet us and handle the scooters. However, when staff eventually showed up, we repeatedly answered questions about the scooters weight, batteries, and advised how baggage handlers typically manage the scooters. We even explained that Qantas had no problem transporting the scooters on our trip from Dallas, Texas to Sydney a couple of weeks earlier.

Another hour passed before staff advised that the plane was too small to handle two scooters and that one scooter would have to come on a later flight. This made no sense because we were traveling on the same size plane as our flight from Auckland to Sydney when both scooters were transported on the same plane as ourselves. After rejecting the option of having one scooter travel separately, we also declined the offer to travel on the same plane as the scooters on another airline later in the afternoon. We had no desire to be separated from our family members and retorted, ”If we wanted to fly with [named airline] we would have booked with that airline.” We also expressed amazement that Qantas was communicating their inability to handle the scooters!

The outcome was the only deviation from repeating history. A decade earlier, all scooter travel barriers were suddenly lifted when an Operations Manager got involved. The size of the plane, the weight of the scooters, or the safety of the batteries were no longer cited as an issue. In my post flight complaint, I wrote, “In an age when we have many airline choices, what can you say to persuade me that Qantas is still a viable airline choice for a person traveling with scooters?”

Despite Qantas commitment to providing the best customer service in the airline industry, the Qantas Customer Care division limited it’s reply to a staff training issue. But here we are ten years later and Qantas is still asserting it can only transport one mobility scooter on a smaller plane like the Boeing 737-800 with seating capacity of 174 passengers. So unless Qantas makes some changes, it appears that I do need to choose another airline. For one thing, the airline needs to understand that people who use a mobility scooter cannot be separated from their device and don’t want to be parted from a traveling companion who also uses a mobility scooter.

My closing advice is to follow airline instructions, such as that provided by Qantas:

Finally, be sure to let the airline know in advance the specifications of your mobility aid so that you don’t get booked on a plane that cannot accommodate your device. Rest assured, I will observe these guidelines on future flights.

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Categories
Transportation

Relief In Sight for Anguished Airline Passengers with Wheelchairs

cry

More than 10,000 wheelchairs and other mobility devices are mishandled or damaged every year during air travel! The United States Access Board is a reliable source for this appalling statistic. Tears, injuries, missed vacations and events, and irreparable harm cannot be compensated with apologies, loaner wheelchairs, delayed and inadequate repairs, or flight credits. So finally after years of intensive advocacy by disabled travelers and disability organizations, relief is in sight.

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On February 28, 2024, the U.S. Department of Transportation (DOT) issued a Notice of Proposed Rulemaking (NPRM) to strengthen 14 CFR Part 382, the rule implementing the Air Carrier Access Act (ACAA). The safety and dignity of passengers whose mobility depends on wheelchairs and scooters is proposed in the following rule provisions:

  • Mandating annual, hands-on training for airline staff and contractors who (1) physically assist passengers with transfers to and from aircraft seats, aisle chairs, and personal wheelchairs, and (2) handle passengers’ wheelchairs.
  • Outlining actions that airlines must take to protect passengers when a wheelchair is damaged during transport.
  • Allowing passengers to choose the company that will repair or replace their wheelchair if it’s mishandled with the airline covering the costs.
  • Clarifying that (1) airlines must provide prompt, safe, and dignified assistance to all passengers with disabilities; and (2) damaging or delaying the return of a wheelchair is an automatic violation of the ACAA.
  • Making it easier for DOT to hold airlines accountable for failing passengers who use a wheelchair.

Comments on the Notice of Proposed Rulemaking must be received within 60 days of the date it is published in the Federal Register (publication is imminent at https://www.federalregister.gov). Comments can be filed on www.regulations.gov, giving the docket number DOT-OST-2022-0144, the Regulatory Identification Number (RIN 2105-AF14), and agency name i.e. the U.S. Department of Transportation.

If you’re perturbed that the NPRM doesn’t go far enough, remember that regulations must stay within the boundary of the statute which authorizes them. So this is a good time to also promote passage of the Air Carrier Access Amendments Act of 2023 (H.R. 1267 and S.545) which U.S. Representative James Langevin has introduced every year since 2015. The bill which has yet to gain traction in the United States House or Senate would do the following for airline passengers with disabilities:

  • Expand protections and require airlines to meet minimum accessibility standards for safe and effective boarding and deplaning, seating accommodations, accessible lavatories, and stowage for wheelchairs and assistive devices.
  • Require the DOT to prescribe regulations setting minimum accessibility standards for new and existing aircraft, airport facilities, websites, and kiosks.
  • Establish a procedure for filing disability-related discrimination complaints with the DOT.
  • Assist passengers through a toll-free hotline or other electronic method.
  • Authorize the Department of Justice (DOJ) and aggrieved passengers to bring civil actions for discrimination against an air carrier.
  • Mandate the issuance of fines to airlines that violate the laws protecting people with disabilities in air travel, and to refer patterns of discrimination to the DOJ.

Want relief? Submit comments and get your congressional representatives to support the ACAA Amendments.

Photo credit: Markus Kammermann from Pixabay

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Categories
Transportation

Disabled Scooter Airport Story

Disabled scooter

I landed in Sydney, Australia after a grueling 16-hour flight from Dallas, Texas (connecting from West Palm Beach, WPB, Florida). The flight was flawless, unless you count Sydney baggage handlers propensity for ignoring instructions to deliver my scooter to the plane door. They’ve done this so many times in the past, I anticipated the need to use wheelchair service to baggage claim where the scooter was delivered.

On my return trip to Florida three weeks later, check-in staff agreed for me to ride my scooter up the jetway to the plane door where a lift could take it downstairs to the

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baggage hold. Yet despite being at the gate for at least an hour before boarding, the boarding agent told me I was going to make the plane late! What? She was the one who stopped me riding the scooter to the door and instead of pre-boarding me with passengers needing assistance was boarding me last because she couldn’t get anyone to take the scooter. Finally, another employee intervened. He let me ride to the door and had no trouble finding two baggage handlers to take the scooter down the lift. Clearly the boarding agent was the source of this problem.

Upon arrival in Dallas, I was pleasantly surprised when my scooter appeared unscathed at the plane’s door. But sadly my scooter story doesn’t end here. After immigration and customs clearance, the scooter broke down. A concerned passenger tried to help, but despite being a mechanic he couldn’t diagnose or fix the mechanical problem without proper tools. (Ironically this forced me to check the disabled scooter in Dallas and voluntarily pick it up in baggage claim in WPB.)

Meanwhile I had to get to my connecting gate without wheels to carry me, my CPAP, computer, coat, and handbag. This time I welcomed the wheelchair service. However, when the gate changed to another terminal requiring a SkyLink ride on the monorail, my wheelchair transporter tried to dump me onto a golf cart with a step too high for me to climb. I refused to switch. This was the first of seven gate changes—three on my original departure date and four the next day after my first flight was cancelled and rescheduled. Each change involved a prolonged wait for another transporter.

But God was in the details. I teamed up with another passenger connecting to WPB who also needed wheelchair service. We watched one others bags when we went to the bathroom, got something to eat, or requested a transporter. And when our flight was cancelled a Good Samaritan advocated to help us avoid going to gate number eight to rebook our flight and arrange vouchers for a hotel, taxi and meal.

I landed in WPB 25 hours later than planned at 12:30 a.m. Despite the early morning hour, prayers were answered when a baggage handler was there with a cart to carry the disabled scooter, a wheelchair transporter brought me to baggage claim, and good friends Lorrie and Garry brought me home.

God provided for all my needs.

For more of my writings, go to https://angelamuirvanetten.com where you can subscribe to my weekly blog and find retail links to my dwarfism memoir trilogy.

Categories
Transportation

Public Participation ADA Violation

Public Participation

In my role as an advocate for a Center for Independent Living, I monitored county compliance on the Americans with Disabilities Act (ADA). In January 2012, I spotted a public transit issue. Not only was it an ADA violation, but it also violated the principle “nothing about us without us.”

County staff was seeking Board of County Commission (BOCC) approval of an ADA Paratransit Plan—door-to-door service for those unable to ride fixed-route buses—without giving adequate notice or opportunity for the public participation required by the ADA.

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Specifically staff had failed to reach out to paratransit riders or people with disabilities and groups representing them in the community. The public notice of the proposed plan had been posted in a newspaper, but not the newspaper read by the Radio Reading Service for blind or visually-impaired listeners. And no notices were posted on buses or distributed to organizations whose clients used county transit services.

I recruited paratransit riders to join me in making public comments to ask the BOCC to postpone approval of the paratransit plan until public participation was provided. After five years advocating at the BOCC in support of public transit funding, the entire BOCC knew my name. The BOCC Chair declared me trustworthy and responded favorably to our comments.

Our advocacy achieved the desired result when the BOCC declined to adopt the ADA Paratransit Plan and directed staff to come back after working out the notice and public participation issues with me. Although county staff also knew me, they weren’t so appreciative. The staff member who had prepared and presented the ADA Paratransit Plan to the BOCC cried when the plan was not adopted. Still, she had no choice but to work with me.

After following my lead on giving adequate notice to riders and meaningful outreach to disabled organizations, public participation on the plan was scheduled in March 2012. Even so, county staff still saw this as “Angela’s” meeting that would only need a small conference room. When 30 people turned up, staff had to open the county commission chamber at the last minute.

County staff were astounded that 15 people and disability organizations made public comments—nine riders, five disability professionals, and one employer—giving meaningful input on the plan. Staff listened to the public input and responded with many improvements to the plan relating to eligibility recertification, the trip pick-up window, consideration of weather conditions that affect a person’s ability to get to a bus stop, and the appeal process. Finally, I was ready to support the revised ADA Paratransit Plan when staff resubmitted it to the BOCC four months later.

Another recurring issue was the county Metropolitan Planning Organization’s scheduling of public participation transit workshops on evening and weekend hours when there was no transit service. We dealt with this issue at a Florida Transportation Disadvantaged (TD) Local Coordinating Board (LCB) meeting. The motion to schedule public workshops at times when TD riders could get there either by providing after-hours transit or scheduling daytime meetings passed unanimously.

This post is a condensed excerpt from chapter 18 in book three of my dwarfism memoir trilogy, “ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities,” https://angelamuirvanetten.com/always-an-advocate/.

Categories
International Transportation

Air Travel Shocks

Expired Passport

As the plane taxied to the airport terminal in Christchurch, New Zealand (NZ), my heart almost stopped when I looked at Robert’s passport. It had expired! It never occurred to me that his American passport was only good for five years since my NZ one was good for ten. Robert’s view out the plane window might be all he was going to see of NZ on our first trip back since being married. How was I going to tell him?

I quietly handed him his passport and decided it was best for Robert to hear the news from an official. This way his reaction would be completely unrehearsed. As expected, Robert was suitably dismayed when the immigration officer asked him if he knew his passport had expired.

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The officer asked us to step aside while he called the main immigration office in the capital of Wellington. While we waited for an answer on Robert’s entry status, he asked if I would return to the United States with him. The reality of his situation set in when I answered, “No.” Although the trip would not be the same without Robert, I was unwilling to miss the family reunion.

Thankfully, the officer returned with good news. Robert could enter the country on the condition that he went straight to the US Consulate office in Christchurch to apply for a new passport.

A few years later, Robert and I were in transit to Sydney, Australia to celebrate my sister Deborah’s birthday on December 24th. But instead of being denied entry into the country, Robert was blocked from boarding the plane in Los Angeles. His passport was current, but this time he was missing an Australian visa! Again, it never occurred to me that he needed a visa since he didn’t need one to enter NZ.

We were held over one day while Robert got his visa at the Australian Consulate’s office, arriving just before the office closed early for the Christmas break. I was frustrated to miss Deborah’s birthday, but at least we arrived in time to celebrate Christmas together for the first time in seven years.

Another fiasco occurred when we missed a connecting flight on our way to the funeral of Robert’s mother, Irene. It was infuriating because we were at the departure gate on time. Unfortunately, during the 30-minute maintenance delay, we left the gate to get something to eat. Even though we returned to the gate within half an hour, the plane had already departed! Apparently, the plane was ready sooner than expected and we didn’t know you can’t hear boarding calls in restaurants. Despite the 12-hour delay, we still made it to the funeral.

Thankfully not all our airport stories involve trauma. On our return flight from Baltimore after my Aortic Valve Replacement surgery, we were greeted with good news at Palm Beach International airport. Upon arrival, baggage staff delivered two scooters and one hearing aid—the aid Robert didn’t realize he had left on the scooter seat when we boarded in Baltimore.

This post was drawn from multiple chapters in book II of my dwarfism memoir trilogy, PASS ME YOUR SHOES: A Couple with Dwarfism Navigates Life’s Detours with Love and Faith, https://angelamuirvanetten.com/pass-me-your-shoes/.

Categories
Transportation

Add Teeth Not Candles for Birthday of Air Carrier Access Act (ACAA)

Airport

Wheelchairs and scooters are not baggage; they are like legs to those whose mobility depend on them.

Yet over 20,000 wheelchairs were reported lost, damaged or destroyed since December 2018, the first month airlines were required to report numbers to the U.S. Department of Transportation (DOT). This represents nearly 1.5 percent of mobility devices loaded as cargo and, in January 2022, was double that of baggage! This breaks down to about 29 a day.

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And according to the Paralyzed Veterans of America September 2022 survey, almost 70% of those traveling with a wheelchair or scooter have had their device damaged. Although the Airline Passengers with Disabilities Bill of Rights, published in July 26, 2022, mandates that the airline compensate up to the original purchase price of the wheelchair or device, this falls far short of redressing the hardship experienced by device users.

Wheelchairs are not bought off the store shelf; they are customized to fit the user’s body and medical needs.

As one disability advocate explained, “You can’t just say, ‘The chairs’ broken, here’s another chair.’” A loaner wheelchair or scooter will lack the custom features needed to maintain health and safety. In a most egregious case, Engracia Figueroa, an amputee with a spinal cord injury died from a severe infection of a pressure sore that developed when she was using an airline loaner after they totaled her power wheelchair.

Repairs to damaged wheelchairs often take weeks or months to complete. The process involves an evaluation, a prescription, insurance approval, ordering parts, and making the repairs. In the meantime, the user loses mobility, independence, possibly the purpose of their trip, and maybe the ability to go to work or play their sport.

Wheelchairs are not simple technology; they are sophisticated, fragile, and should be handled with care.

Airlines often choke when asked to pay the original purchase price of the wheelchair or scooter. Some airlines have responded to passenger complaints about damages with low ball offers like 5,000 travel miles or monetary compensation of $125. In Figueroa’s case, it took months of fighting before the airline agreed to pay the $30,000 needed to replace her wheelchair. And yes, high tech power wheelchairs can cost more than some cars.

Under the ACAA passengers can’t bring private legal action against offending airlines. They’re limited to filing complaints with the airlines and the DOT. But only three times since 2018 has the DOT exercised its’ authority to fine an airline for ACAA violations, despite receiving about 30,000 disability-related complaints annually.

So on October 2nd let’s give the ACAA a 36th birthday to remember. Let’s jump start the Air Carrier Access Amendments Act of 2021 (H.R. 1696/S. 642) introduced by U.S. Senator Tammy Baldwin and U.S. Representative Jim Langevin, on March 9, 2021. Among other things, the bill increases penalties for damaged wheelchairs or mobility aids, gives air travelers the right to sue in court for damages, and requires better stowage options for assistive devices.

Please contact your representative today and ask for their support.

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For a subscription to my weekly blog on dwarfism and disability issues, go to https://angelamuirvanetten.com/blog/.

Categories
Celebrations Transportation

Finding Hugo: Our Wheelchair Accessible Van

Finding Hugo

Eighteen weeks without a vehicle parked in our garage was a constant reminder of our quest for independent transportation. Robert’s struggle to get into a sedan, SUV, and wagon made it clear that our next vehicle would be a Wheelchair Accessible Van (WAV)—one he could enter riding his scooter up a ramp.

Our seven trips to three different WAV dealers took us from 20 miles to 125 miles from home. We considered the Chevrolet Traverse, Chrysler Town & Country, Dodge Grand Caravan, Honda Odyssey, and settled on a 2020 Toyota Sienna. In addition to sales spiels, we paid attention to consumer reports and conferred with little people in the “LP Adaptations” Facebook group. And we prayed for God’s direction.

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Given the technology needed to customize a WAV to our driver and passenger needs, one dealer would only sell to us if a Certified Driving Rehabilitation Specialist (CDRS) gave a thumbs up on the primary safety questions:

  • Pedal extensions or hand controls?
  • Seat cushions, power adjustable height driver seat, or both?
  • Remove and replace the existing steering wheel or add an extension?

But after waiting three weeks for this driver evaluation, the CDRS erected a major road block.

Although I had driven with pedal extensions for 50 years and most little people I consulted use extensions on their WAV, the CDRS recommended hand controls. She rejected a seat back cushion and proposed modifying the driver’s seat depth. Her idea of replacing the steering wheel with a smaller wheel meant relocating the controls on the original wheel. She gave no cost estimate for any of these “safety” changes. But clearly such customizations would add insane expense to an already costly purchase. And when we rejected the CDRS evaluation, the dealer discontinued any effort to sell us a WAV.

As with any road block, God showed us the detour that got us back on the road to WAV ownership. My online query to a dealer in Fort Myers, Florida was answered the same day and was quickly followed with an offer to send a driver to transport us free of charge from Stuart to their location. And in a surprising twist, the dealer representative wore two hats: sales and DRS credentials. Her knowledge of mobility technology squelched any safety concerns about driving with pedal extensions or a back rest seat cushion strapped in place. She retained the existing steering wheel and attached an extension in the front. Thus no modifications to the seat depth or steering wheel controls were needed.  Both CDRSs recommended an adjustable height transfer seat, but only one found a vehicle that fit two scooters.

In a perfect world Hugo would not have cost more than the starter home we bought 35 years ago! Plus we would never have bought a vehicle with a fuel cap above my head. But God gave us a miracle when He steered us to Auto Express South in Fort Myers, https://www.autoexpresssouth.com. Thanks to team Yasmin, Tom, Cris and Eddie. You all are the best!

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For a subscription to my weekly blog on dwarfism and disability issues, go to https://angelamuirvanetten.com/blog/.

Categories
Transportation

Acts of Encouragement

Driver Carol Paul

I was sitting in the garage waiting room when the manager asked me to step into another room. Bad news was not what I expected to hear. But she hit me with an accident report. A worker had crashed my car when moving it into a service bay. The rear end was smashed in. The car was not drivable, not now, not ever! Written off. Junkyard inventory.            

My mind started spinning as I contemplated the ramifications. Repairs on the 18-year old Mazda wagon would cost more than it’s worth. We had sold Robert’s van a few months earlier so now we were without wheels. Modifying a rental vehicle was difficult. Locating and modifying a replacement vehicle was time consuming and costly.

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These thoughts spun in my head as I observed the distress of the worker who had slammed his foot on my left foot accelerator instead of the brake. He was mortified. The manager was effusive with apologies and assurances that the garage would fully compensate me for the loss. And the garage faithfully followed through with funds for both the car’s value and cost of rides in the interim. But how could they compensate for the loss of time, independence, spontaneity, and plans that had to be cancelled?

I clung to the knowledge that God is in control and allowed this to happen. And it occurred to me that this was God’s way of expediting our long term plan of replacing my car with a wheelchair accessible van (WAV)! We had known for some time that Robert’s difficulty getting in and out of my car meant a WAV was in our near future. The accident made it clear the future had arrived. 

            Even so, I was disheartened and discouraged. Our plans for driving to the Little People of America Florida weekend meeting in Sarasota were scrubbed. The opportunity for making in person book sales was lost. COVID had made in person marketing inadvisable and now this!

The words of the psalmist struck a chord with me.

“Why am I discouraged? Why is my heart so sad? I will put my hope in God! I will praise him again—my Savior and my God!” Psalm 43:5, New Living Translation (NLT)

And God reminded me that He is a worthy source for my hope and praise! He activated our church and biological families to encourage us by meeting our transportation needs. They acted in accordance with New Testament instructions:

“And we urge you, brothers and sisters, . . . encourage the disheartened, . . .” 1 Thessalonians 5:14, New International Version (NIV)

“But God, who encourages those who are discouraged, encouraged us by the arrival of Titus.” 2 Corinthians 7:6 (NLT)

            This #NationalDayofEncouragement, I reflect on our 18 weeks without wheels. Our 21 member driver team transported us to 58 destinations primarily for church activities, medical, and vehicle shopping. We also had personal couriers pick up prescriptions and mailed packages.

We are encouraged beyond what words can express! We salute you all.

For a subscription to my weekly blog on dwarfism and disability issues, go to https://angelamuirvanetten.com/blog/.

Categories
Disability Rights Transportation

ADA and Taxi/Rideshare Services

WAV in Melbourne AU

People with disabilities should not be made to feel like second-class citizens or punished because of their disability. These are welcome words from Assistant Attorney General Kristen Clarke in a United States Department of Justice (DOJ) press release on July 18, 2022.

As we commemorate passage of the Americans with Disabilities Act (ADA) on National Disability Independence Day (July 26, 1990), it’s heartening that the DOJ—tasked with enforcing this disability civil rights law—remains committed to this directive. DOJ’s July 18th action holding Uber accountable for discriminating against people with disabilities makes their commitment clear.

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In November 2021, the DOJ filed an ADA lawsuit against Uber for charging passengers wait time fees. The fees, dating back to 2016, started two minutes after the Uber car arrived at the pickup location and were charged until the car began its trip. The DOJ complaint alleged that Uber violated the ADA by failing to reasonably modify its wait time fee policy for passengers who, because of disability, needed more than two minutes to get in an Uber car. For example, passengers who use a wheelchair or walker may need more time to fold or stow it in the vehicle.

The DOJ settled the case on July 18th when Uber agreed to pay several million dollars in compensation to more than 65,000 Uber riders who were charged discriminatory fees due to disability. Going forward, Uber will no longer charge wait time fees for all Uber riders who certify that their disability causes them to take longer to get in an Uber car. Uber will advertise the wait time fee waiver program and train its customer service representatives on the waiver program and refund process to ensure that people with disabilities are not charged illegal fees. 

This is great news for riders with disabilities who are able to board an Uber vehicle. But what about riders who need a wheelchair accessible vehicle (WAV) to use a ridesharing or taxi service? Their issue is not with wait time fees, but with waiting for Uber, Lyft, and taxis to provide a WAV service. These riders are denied the opportunity to book a trip.

After flying 2,500 miles from West Palm Beach, Florida to Spokane, Washington two weeks ago, the toughest leg of my trip was getting a ride eight miles from the airport to my hotel. Uber and Lyft had no WAVs and Orange taxi only had two. Despite being grateful that Orange cab honored my reservation when my flight was delayed, I cringed at the $100 surcharge. Since I had no other way to get to the hotel, I had to pay the equivalent of a triple fare for the “privilege” of riding in a WAV. Surely this is a violation of the surcharge prohibition found in the ADA Title III regulation at 28 CFR § 36.301(c).

As much as the ADA has accomplished, there is so much more to be done. So what is the next step for achieving accessible rideshare and taxi services?

For discussion of other advocacy issues, go to “ALWAYS AN ADVOCATE: Champions of Change for People with Dwarfism and Disabilities” available on Amazon in print, e-book, and audio formats. Read more at https://angelamuirvanetten.com/always-an-advocate/. To subscribe to my weekly blog on dwarfism and disability issues, go to https://angelamuirvanetten.com/blog/.