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The California State Parks Directive allows use of OPDMD’s (other pedestrian disabled motorized devices) devices on Class I trails with accessible or mulit-use designations. For this purpose “multi-use” is the designation of a mountain bike or equestrian or both to the Class I trail designation.

 

MOBILITY DEVICES ON INDIANA DEPARTMENT OF NATURAL RESOURCES PROPERTIESS

Internal Policy 3/1/11

 

1. Purpose and Application

The purpose of this policy is to provide guidance for the operation of mobility devices by persons with disabilities on an Indiana Department of Natural Resources (DNR) property. All persons are subject to 312 IAC 8. A “mobility device” is defined below and does not require a license from DNR. The standard for monitoring and operating a mobility device is outlined by this policy.

2. Definitions

A. “All terrain vehicle” (ATV) means a motorized, off-highway vehicle as defined in IC 15-12-3-2.

B. “Department” refers to the Indiana Department of Natural Resources.

C. “DNR property” has the meaning set forth in 312 IAC 8-1-4(3).

D. “Electronic personal assistive mobility device” (EPAMD) is solely a Segway®. (IC 9-13-2-49.3)

E. “Equal opportunity” means that a person with a disability cannot be denied the opportunity to participate in a program that is open to everyone. To participate, any person with or without a disability, must meet the criteria for the program and abide by any restrictions for that program in that area.

F. “Motorized Cart” is defined in IC 14-19-1-0.5 as a mini-truck or golf cart-type conveyance.

G. “Off-road vehicle” (ORV) means a motor driven vehicle capable of cross-country travel (as defined in IC 14-8-2-185) and does not include a power or manual wheelchair or a golf cart.

H. “Other power-driven mobility device” is any mobility device powered by batteries, fuel, or other engines—whether or not designed primarily for use by individuals with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair.

I. “Person with a disability” has the meaning set forth in the federal Americans with Disabilities Act. (42 U.S.C. 12102)

J. “Program Access” means that a public entity shall permit individuals with mobility impairments to use wheelchairs, scooters, walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility impairments in any areas open to pedestrian use.

K. “Wheelchair” is defined as a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor locomotion.


3. Application Process (There is no application process.)

A. A person does not need to obtain a permit or undergo an application process simply to operate a wheelchair on any property. If other participants are required to obtain permits (such as running dogs under 312 IAC 8-2-3), people with disabilities must do so as well.

B. A person using a mobility device MAY be asked:

(1) if the device is being used due to a mobility disability. (Documentation and further conversation establishing the nature and/or extent of the disability cannot be required and shall not take place.), and

(2) to provide “credible assurance” that the mobility device is necessary because of the person’s mobility disability. (“Credible assurance” can be the person’s State issued placard or ID or can be a verbal statement not contradicted by observable fact.)

C. The property manager is authorized to issue, condition, or deny permission for program access as long as the determination is based upon non-disability related factors. Such reasons may include document-able safety, protection of the environment and/or maintenance reasons.

D. A person who is aggrieved by a determination by the property manager may seek a review as outlined in 6. C. of this policy.

 

SEE MOBILITY DEVICE AND PROCDURES CHART BELOW:

cover of Federal Register



4. General Provisions and Requirements

The following provisions apply to the operation of any wheelchair and to any activity wherein a person with a disability uses a wheelchair or other power-driven mobility device:

A. A person must not violate 312 IAC 8 or another state or a federal law.
B. A person with a mobility disability using a wheelchair, walker, crutches, canes, braces and similar devices is permitted in all areas open to pedestrian use.
C. A person with a mobility disability using any other power-driven mobility device is permitted in all areas open to pedestrian use, UNLESS:

(1) The device is covered under other operational restrictions, or
(2) The device type (gas or electric), size (width, height, length), weight, dimensions (tire size, ground clearance), speed, precludes the safe and/or non-hazardous operation, or
(3) The environmental conditions (volume of pedestrians, design, operational characteristics – indoors, square footage, stationary barriers) precludes safe and/or non-hazardous operation, or
(4) The operation of the device will reasonably be expected to damage the environmental, natural or cultural resources, or
(5) The operation of the device conflicts with federal laws or regulations.
(6) The property has no ability to store the device, if requested.


D. A person may be asked to leave the property if the device is being operated in an unsafe or disruptive manner.


5. Review Standards

The property manager shall exercise reasonable discretion in applying this policy.

 

6. Suspension or Revocation of Use

A. The property manager may suspend or revoke use if a term of this policy is violated, or if the use is found to pose a hazard to safety or the environment. In such event, the property manager shall make a reasonable attempt to allow the person with the disability an opportunity to access the property without the mobility device. The reasons for the property manager’s action shall be recorded with the notification. If the person with a disability elects to utilize a different mobility device, a new review process is required.

B. Upon the suspension, revocation, or termination of permission, the person with a disability is responsible for removal of the device, for site restoration, and for any associated expenses.

C. A person who is aggrieved by a determination by the property manager may seek informal review to the DNR’s Director of ADA and Safety Compliance (“ADA Director”). A decision by the ADA Director is subject to administrative review under 312 IAC 3-1. In order to obtain administrative review, a written petition must be filed with the Division of Hearings within eighteen (18) days of the decision of the ADA Director. The petition should be addressed to:

Natural Resources Commission, Division of Hearings
Indiana Government Center North
100 North Senate Avenue, Room N501
Indianapolis, Indiana 46204-2200
(317) 233-2977 Fax

MORE RESOURCES

American Trails index on accessible trails, outdoor recreation, and the Americans with Disabilities Act

See DOJ ADA Website

Aditional information and comments on the “power-driven mobility device" issue:

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