ADA rule making proposed for "power-driven mobility devices"
Department of Justice publishes Notice of Proposed Rule Making to add a broad new category of “other power-driven mobility devices.
View recorded Webinar with audio in wmv format presented by American Trails on the DOJ Rule on "Other Power-Driven Mobility Devices," Feb. 23, 2011
During the 20th anniversary celebration of the Americans with Disabilities Act, President Obama announced the U.S. Department of Justice has issued final regulations revising Title II and III, including the ADA Standards for Accessible Design.
Wheelchairs and Other Power-Driven Mobility Devices. The rule adopts a two-tiered approach to mobility devices, drawing distinctions between wheelchairs and "other power-driven mobility devices." "Other power-driven mobility devices" include a range of devices not designed for individuals with mobility impairments, such as the Segway® PT, but which are often used by individuals with disabilities as their mobility device of choice. Wheelchairs (and other devices designed for use by people with mobility impairments) must be permitted in all areas open to pedestrian use. "Other power-driven mobility devices" must be permitted to be used unless the covered entity can demonstrate that such use would fundamentally alter its programs, services, or activities, create a direct threat, or create a safety hazard. The rule also lists factors to consider in making this determination. This approach accommodates both the legitimate business interests in the safe operation of a facility and the growing use of the Segway® PT as a mobility device by returning veterans and others who are using the Segway® PT as their mobility aid of choice.
See aditional information and comments on the “power-driven mobility device" issue:
Concerns with proposed powered mobility device rule
Trail managers and supporters, as well as some accessibility advocates have raised concerns about the proposed rules and definitions for mobility devices. The following questions and comments are intended to encourage thought and discussion on this complex issue:
On June 17, 2008, the Department of Justice (DOJ) published in the Federal Register a Notice of Proposed Rule Making (NPRM). Within this NPRM, DOJ is proposing to add a broad new category of “other power-driven mobility devices.” See "Section 36.311 Mobility Devices."
All comments were to be received by Regulations.Gov by August 18, 2008.
Power-driven mobility issues:
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Updated August 24, 2011