Some people experience mobility challenges due age or injuries, necessitating the use of a wheelchair on either long-term or temporary basis. Powered wheelchairs, which are becoming increasingly popular, are valuable aids for those with mobility issues when venturing outdoors. Manoeuvring a powered wheelchair may look easy, but users must carefully consider several factors, such as their own physical and living environment, before choosing one. Moreover, as powered wheelchairs can travel at speeds faster than walking, minor lapses in attention may endanger the user and other road users alike. Although in Hong Kong there is currently no legislation to specifically regulate the use of powered wheelchairs, under common law principles of tort and the Summary Offences Ordinance, users of powered wheelchairs could be held liable for injuries, deaths, or property damage caused by negligence, or for driving recklessly or negligently in public places. The Consumer Council recommends the authorities to establish clear requirements on the quality and safety of powered wheelchairs and to regulate their use, such as compliance with international safety standards, requirements for users to obtain insurance, and a restriction on the maximum speed, etc. In addition, as some chronic illness or stroke sufferers might not be physically fit to operate a powered wheelchair, prior assessment by healthcare professionals and basic operational training are also recommended to ensure safety. For those only needing a wheelchair temporarily, renting may be a more pragmatic option and only buy one if long-term need arises. The Council collected rental information from 10 organisations (6 non-profit and 4 commercial) and found that monthly rental fees ranged from $400 to $2,500, a difference of over 5 times, and deposits and post-rental services provided (such as delivery and repair in case of malfunction) also varied according to the resources constraints of different service providers. Consumers should compare the functions, ease of use, and depreciation rates of powered wheelchairs before renting, so as to select a model that best suits their needs and affordability.
Injury or Death from Negligent Use May Lead to Civil Recovery
Use with Caution for Self and Others
Powered wheelchairs are more convenient, effort-saving, and nimble than traditional manual wheelchairs. However, as they can travel faster than walking, it is not uncommon that some users may have forgotten about their infirmity and travel at high speeds on roads. Earlier on, there were videos circulating online of people on electric tandem wheelchairs speeding dangerously on pavements and highways, endangering both the user and other road users. Even though powered wheelchairs are not classified as “motor vehicles” under the Road Traffic Ordinance, and thus the provisions relating to “motor vehicles” may not apply, it does not absolve users of liability. Negligent use of wheelchairs causing personal injuries or property damage could lead to civil liability. Most of the rules and advice for pedestrians set out in the Road Users' Code (the Code) also apply to wheelchair users. Under the Road Traffic Ordinance, non-compliance with the rules or advice set out in the Code is not in itself an offence, but the court may consider such non-compliance when determining fault and liability in related proceedings.
Furthermore, under the Summary Offences Ordinance, any person who, without lawful authority or excuse, drives recklessly or negligently in a public place or at a speed or in a manner deemed dangerous to the public shall be liable to a fine of $2,000 or 3 months’ imprisonment.
Users of powered wheelchairs may treat them as an extension of their own legs, and should only travel on pavements and appropriate crossing facilities instead of carriageways or cycleways. Given the increasing popularity of powered wheelchairs, the Council urges the authorities to consider strengthening regulation by referencing speed limits set by overseas jurisdictions. For example, in the United Kingdom, the law restricts powered wheelchairs to a speed on pavements of no more than 6km/hr; and in Singapore, an amendment of the law was proposed last year to cap the maximum speed at 6km/hr.
Powered Wheelchairs May Not Be Suitable for Everyone
Professional Assessment and Training Advised Before Rental
Powered wheelchairs are not always suitable for anyone with mobility challenges. Occupational therapists have noted that some chronic disease patients with specific physical disabilities, such as uncontrolled diabetes, hypertension, sudden dizziness or fainting spells, mental disorder, etc., as well as stroke sufferers with hemispatial neglect, i.e. impairment of visual or auditory awareness on one side of the body, should refrain from using powered wheelchairs. As powered wheelchairs are more complex to operate than manual ones, those who have no prior experience should undergo assessment and training from healthcare professionals to ascertain whether they can manoeuvre it effectively. In general, patients and carers are recommended to receive at least 2 to 4 training and practice sessions by occupational therapists on safe and accurate parking of powered wheelchairs; navigating through rooms, residences and lifts; crossing roads; and using transportation, etc. Among the 10 organisations surveyed, the 6 non-profit organisations required renters to present a referral letter from a healthcare professional, or undergo assessment by an occupational therapist or physiotherapist before applying for powered wheelchair rentals, while the 4 commercial organisations had no such requirements.
Powered Wheelchair Rental Fees Varied Widely
A powered wheelchair could cost thousands or even tens of thousands of dollars. For individuals who only need short-term mobility assistance due to temporary injuries, renting may be a more practical option. Organisations that offer powered wheelchair rentals generally operate it as add-on services and therefore their scope of service is very limited. The Council collected information on 10 organisations, including 6 non-profit and 4 commercial ones, which provided rental services at $200-$800 per week or $400-$2,500 per month, with leases of 1 week minimal to without end. The 10 organisations charged a deposit of $0-$12,000 (depending on the wheelchair model), among which 4 did not provide wheelchair delivery, while the remaining 6 charged a fee according to the district. Regarding repairs, 6 organisations could arrange on-site inspection or repair; 3 others required renters to return wheelchairs on their own, or to pay a collection fee. 1 organisation offered no repair services at all. If a rental powered wheelchair was found to be of unsuitable size, most organisations offered replacements but renters were responsible for transportation charges. The Council recommends consumers seeking long-term rentals to compare post-rental services and carefully choose a provider that offers more comprehensive inspection and maintenance services to ensure safety.
Renters May Be Fully Liable for Accidents
In the unfortunate event of an accident during the rental period, consumers should be aware that some organisations had specified in the rental terms that they bear no responsibility for any accidents. Some representatives of the insurance industry suggested that powered wheelchair rental providers obtain public liability insurance, and some insurance policies may cover liabilities arising from the use of powered wheelchairs by renters. As coverage varies between policies, holders should consult their insurance companies or intermediaries to fully understand the terms and conditions, so as to ascertain the scope and extent of protection of both providers and users of powered wheelchair rentals.
Individuals considering using a powered wheelchair should pay heed to the following:
- For first-time users, seek assessment and training by healthcare professionals, and only after gaining enough confidence in manoeuvring the wheelchair independently should they decide whether to rent or to purchase;
- Assess whether the living environment and frequently visited venues can accommodate the use of a powered wheelchair, such as availability of charging facilities, sufficient space for manoeuvring, ramps at building entrances and exits, enough space in the lifts, safe road crossings to and from home, and whether there are slopes or curbs, etc. If space is limited, consider a foldable powered wheelchair.
Those who are using powered wheelchairs should also pay attention to the following:
- Ensure the wheelchair is in good condition before each outing, including sufficient power to prevent stalling midway; a safety belt should be fitted on every wheelchair and securely fastened during use. Inexperienced users should control their wheelchairs in a progressive manner by starting with the lowest speed, and only after accumulating sufficient experience, the speed can be accelerated gradually according to necessity and situation;
- Avoid self-modifications, such as adding USB chargers, extra lights, fans, etc., which may cause battery overload; and never alter or drill through wheelchair hardware, as this may weaken loading capacity and overall structure;
- Wear bright, light colours, or reflective materials when travelling at night. Try to use routes with flatter terrain, and take extra care on curves, sideways slopes and uneven surfaces to avoid tipping over;
- Users weighing 100kg or more should pay heed to their wheelchair’s loading capacity;
- Never carry additional passengers on a powered wheelchair;
- Ensure plug type and voltage specifications are suitable for local use if a powered wheelchair is directly purchased from overseas.
Download the article (Chinese only): https://ccchoice.org/579-powered-wheelchairs-rental
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