CR2T policy on allowing persons with mobility disabilities to use power driven mobility devices on the rail-trail.
- On March 15, 2011 new Department of Justice rules will allow certain “power driven mobility devices” to be used on trails by “individuals with mobility disabilities”. Under the American with Disabilities Act, the DOJ says this rule is required.
- The definition of ‘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 mobility related disability.
- The new DOJ rules basically require Rails to Trails to allow the use of ‘other power-driven mobility devices’ by persons with mobility disabilities unless an assessment of the trail disallows such use based on very specific DOJ factors, further discussed in paragraph 5.
- Our policy is that a mobility disabled person using an ‘other power-driven mobility device’ is to be allowed to use that device on the trail. The person may not be asked if they have a disability or about their disability. However, we are allowed to ask the person to provide ‘credible assurance’ that the mobility device is required because of the person’s disability. Showing a disability parking placard will satisfy this requirement. However, a verbal representation of a persons’ disability, not contradicted by observable fact, shall also be accepted.
- CR2T has assessed its trail system and has concluded that passenger cars and pickup (or larger) trucks are not to be allowed as ‘an other power-driven mobility device’. The reason for this is that the size (dimensions) of cars and trucks are dangerous to drivers and other trail users on many of the fill areas of the trail. Many fills are so narrow on the top that a passenger vehicle would force other trail users over the edge if meeting such a vehicle, or that the vehicle could fall over the edge if the driver were not paying very close attention to his/her driving. Additionally, a passenger vehicle is capable of quite dangerous speed on the rail-trail.
- Consequently, the existing gates will continue to be kept locked to prevent cars and trucks from accessing the trails. The width of the gap between the gates will allow all other power driven mobility devices we presently envision to pass onto the trail.