Why Powered Wheelchair Users Are Fighting For The Right To Repair Their Own Equipment

The U.S. is making progress away from the limitations of proprietary repair services and towards fairer laws that not only make third-party repair easier but also acceptable. Adding to this progress, the state of New York recently passed the "Fair Repair Act" bill that compels all "digital electronic products" manufacturers to uphold the right to repair and make spares available so people can fix their gadgets themselves. In line with the right to repair consumer electronics, another movement for fairer repair regulations is starting to shape up, and it concerns mobility vehicles such as powered wheelchairs for the disabled.

According to the World Health Organization (WHO), almost one billion people (or 15% of the world's population) suffer from disabilities. Out of these people, about three million individuals in the U.S. rely on wheelchairs for their daily routines. This requirement adds a significant chunk to the American Durable Medical Equipment industry, which is already worth more than $56 billion as per Grand View Research. A big percentage of these people with disabilities use electronically-powered wheelchairs and are forced to rely on first-party repairs, which are time-consuming, costly, and can leave them stranded without a necessary tool for days, even in the case of straightforward repairs.

To ease this painful and challenging process, a bill has been passed in the Colorado State General Assembly, and the intent behind the bill is to include powered wheelchairs in the right-to-repair movement. The bill is sponsored by Representatives Brianna Titone and David Ortiz and Senators Rachel Zenzinger and John Cooke.

The bill, once approved by Gov. Jared Polis, will compel manufacturers "to provide parts, embedded software, firmware, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information, to independent repair providers and owners of the manufacturer's powered wheelchairs to allow an independent repair provider or owner to conduct diagnostic, maintenance, or repair services on the owner's powered wheelchair."

With this resolution, the lawmakers backing it hope to abate limitations that prevent or delay the process of getting powered wheelchairs repaired. One such limitation is Digital Rights Management (DRM), which are digital safeguards that discourage users from replacing parts themselves.

DRM is covered under the Digital Millenium Copyright Act (DMCA), which restricts copyrighted material from being used against the will of its owner. As per the Electronic Frontier Foundation (EFF), the DMCA also states that using a tool to bypass "access control" can result in felony charges with up to five years of a prison sentence or $500,000 in fine. For any individual, let alone someone with a disability, that sum is enormous enough to deter them from trying to fix their own electronics.

For powered wheelchairs, DRM can prevent users from getting faults checked by independent technicians or making changes for preventative care or maintenance, such as replacing a faulty wheel or upgrading the motor. EFF also notes that access to faulty electronic systems in a powered wheelchair is controlled by "cryptographic security dongles" that contain passwords and diagnostic tools to access such systems. Besides repair, DRM also restricts users from accessing controls that fine-tune the working of their wheelchairs.

The biggest reason powered wheelchair users want the right to repair is the high cost of repairs. As per the EFF, the brand Numotion charged a user $300 for replacing a single tire that otherwise costs $6 on Amazon. Company technicians also reportedly refused to replace the tire due to DRM restrictions. In another instance, Numotion reportedly quoted one user $500 for the button that allowed them to power the wheelchair, and the replacement took four months. In contrast, the same button on eBay cost the user $20.

Additionally, repairs have limited coverage under medical insurance. Public Interest Research Group (PIRG) notes that for users under Medicare and Medicaid programs, only repairs by the manufacturer qualify for reimbursement. Even after that, the insurance program only pays for the parts changed and the labor charges but not for the time taken by the technician's visit to examine, pick up, or return the wheelchair. Meanwhile, private insurers make users wait until the expenses are approved and paid back.

These practices cause unreasonable delay and majorly affect people who depend on powered wheelchairs for routine activities. While Colorado's proposed law does not bypass the duopoly in the powered wheelchair market in the U.S., it gives users easy access to parts for replacement and the assurance of leaning on their trusted technicians to repair their wheelchairs without being conned or overcharged.