Excerpts from the American trails news alert....
"What IS an "other power-driven mobility device?[...] In short an other power-driven mobility device is anything with a motor that can be driven, regardless of size or horsepower, if it is driven by a person who has a mobility related disability."
"Who is to be allowed to use the other power-driven mobility devices? [...] The DOJ rules say anyone who has a mobility disability. A person using an other power-driven mobility device may be asked to provide a "credible assurance" that the mobility device is required because of the person's disability. That credible assurance can be showing a valid, State-issued, disability parking placard or card, or other State-issued proof of disability, or if the person doesn't have any of those with them, they may simply say that the other power-driven mobility device is being used for a mobility disability. A person may not be asked if they have a disability or anything about their disability."
Just like the proposed Ontario legislation, there will be exceptions....Important to note, do the assessment now so that you have recorded the conditions of your trail. "What do you need to do for your trail to be ready for March 15th when the DOJ rules on other power-driven mobility devices go into effect? [...] The DOJ rules requires an entity open to the public to make reasonable modifications in its policies, practices, or procedures to allow the use of other power-driven mobility devices by individuals with mobility disabilities, UNLESS: that entity can document that it has completed an assessment of the facility, trail, route or area, before the person requesting use of the device arrived onsite, and the entity found that class of other power-driven mobility device could not be used in that location due to one or more of the following DOJ assessment factors:
(a) "The type, size, weight, dimensions, and speed of the device;
(b) The volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
(c) The design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);
(d) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and
(e) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations."
