Just like the title says, I am thinking about selling my 2 month old Orbea Rise H15. I love the bike and would like to hold onto it, but it seems like people where I live are dead set on making it impossible to ride any of the local, or even further away, trails. I live in the bay area and between the on-trail bike thefts I've been hearing about and the fact that some of the local trail users, not so much MTBers but equestrians and hikers, seem to hate the idea of eMTB on the trails. I bought the bike because I have a baby coming soon and I would like to get as much riding in as possible in the little time I have, but if I can't ride most of the local trails what's the point? Am I crazy to sell?
Tuna,
As Yogi the Bear once said, "You need to be smarter than the average bear." Take a page from Yogi's playbook and think outside the box. Use the system against the very people who are using the system to prevent you from accessing public trails on your eBike.
Please don't sell the bike. If you do, you'll let those self righteous pricks win and push you off of the trails. You deserve to be on the trail just as much as anybody else.
Knowledge is power. You may not be aware, but no city, county, state or federal government can deprive you of access to public trails as a disabled person. This includes using an eBike as a disabled person to access those public trails.
What is a disabled person? Well that's a very very broad definition according to the American's with Disability Act. The American's with Disability Act (ADA) defines a disability as:
A physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.
The above covers a wide scope of disabilities, as an example, bad knees, bad back, bad ankle, hearing impairment, medical condition, heart condition, trouble breathing, over weight, old age, high blood pressure, stress, post traumatic stress disorder, impaired hearing, etc.
If you have a disability, you can use your eBike to access city and state park trails and some federal BLM lands. Go to your doctor and tell your doctor about your knee(s), back, trouble breathing, stress, etc. Let your doctor know it's preventing your from exercising and leading a healthy life. Explain that you've tried to pedal a traditional bike, but it hurts too much. You have found that with an eBike you are able to ride, your quality of life as increased because you can exercise and get healthy. Explain to your doctor that local governments prevent you from riding your ebike on trails unless you have a disability and use the eBike as a mobility device. Ask your doctor to write you a letter stating you have a medical condition that requires that you ride an eBike for exercise. A couple of sentences is all you need.
With the letter, if you are ever stopped by a park ranger or other official, you have proof of disability. In most instances a verbal assurance that you are disabled is all you will need to send the park ranger walking. You are not required to disclose the nature of your disability, only that you are disabled. I have not had the need yet to pull out my letter.
The Americans with Disability Act recently changed it's definition of what a disabled "Mobility" device is. It used to be a wheel chair, cane, walker, etc. The ADA recognized that with advances in modern technology, people were using powered devices in new ways for mobility. As an example, instead of a wheel chair, a person with a disability may opt to use a Segway, golf cart, or an electric scooter, etc.
The ADA added the "
Other Power Driven Mobility Device" (OPDMD) section to reflect new and yet to be discovered mobility device technology. The OPDMD section states the following:
In recent years, some people with mobility disabilities have begun using less traditional mobility devices such as golf cars or Segways®. These devices are called "other power-driven mobility device" (OPDMD) in the rule. OPDMD is defined in the new rules as "any mobility device powered by batteries, fuel, or other engines… that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices… such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair". When an OPDMD is being used by a person with a mobility disability, different rules apply under the ADA than when it is being used by a person without a disability.
People with disabilities have the right to choose whatever mobility device best suits their needs. For example, someone may choose to use a manual wheelchair rather than a power wheelchair because it enables her to maintain her upper body strength. Similarly, someone who is able to stand may choose to use a Segway® rather than a manual wheelchair because of the health benefits gained by standing. A facility may be required to allow a type of device that is generally prohibited when being used by someone without a disability when it is being used by a person who needs it because of a mobility disability. For example, if golf cars are generally prohibited in a park, the park may be required to allow a golf car when it is being used because of a person's mobility disability, unless there is a legitimate safety reason that it cannot be accommodated.
All cities and states must comply with the Americans with Disability Act. Here's the thing, NOBODY is going to tell you that you can use your eBike as a mobility device. The Sierra Club won't tell you this. Your area hiking club won't tell you this. Your local and state parks won't tell you this. Nobody will advertise that as a disabled person, you are allowed to access trails on your eBike. You need to check the area you are going to ride by going to the city or agency responsible for the area and do a Google search, i.e. "Disabled access to ACME TRAILS." Each city will have posted on it's website an ADA disclosure recognizing that disabled people can use a OPDMD to access trails.
Make sure you take a screen shot of the policy and download it to your phone. Don't assume the city official or park ranger will know policy or ADA law. If you get in a jam, whip out the policy and school them.
Here is am example of a California State Parks sign for Crystal Cove - El Moro Canyon State Park. Note the huge "No eBike" sign. I bring to your attention that nowhere on the state park sign does it say disabled eBike access exempted. Now, let's visit the California State Park's website.
If you go to the California State Parks website and do a bit of research under "Disabled Access to Trails" you will find the following written policy:
In 2010, the United States Department of Justice amended Title 28 of the Code of Federal Regulations relating to Title II of the Americans with Disabilities Act to include another category of mobility aids known as OPDMD. Examples of OPDMD are golf carts, electric bicycles, and Segway scooters. The revised law directs public entities to make reasonable modifications in its policies, practices, or procedures to permit the use of OPDMD by individuals with mobility disabilities. In response, the Department developed the OPDMD policy included in DOM Chapter 2600, Section 2607.11. That policy required that a formal request for a change-in-use must be submitted for devices and locations that do not meet specified criteria and be evaluated per the process described in the Department’s trail Change-in-Use Policy. This DN revises current policy and establishes an OPDMD Deviation process that shall be utilized in lieu of the Change-in-Use process.
2607.11
Other Power Driven Mobility Device (OPDMD) Policy
It is the policy of the Department to permit the use of Other Power Driven Mobility Devices (OPDMDs) by persons with mobility disabilities when such use does not negatively impact the natural and cultural resources of the park or the health and safety of the public. Title II of the ADA defines an OPDMD as 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. (28 C.F.R. §35.104)
Unless otherwise authorized in a park unit, the use of OPDMD in California State Parks is restricted to people with mobility disabilities as defined in §35.104 of Title 28 of the Code of Federal Regulations. All users of OPDMD must provide credible assurance that the mobility device is required because of their disability. Credible assurance is a valid State-issued, disability parking placard or card, or other State-issued proof of disability issued to the person who will be using the OPDMD. However, if a person does not have a state-issued placard or card, employees must accept as credible assurance a verbal representation, not contradicted by observable fact, that the OPDMD is being used for a mobility disability.
Here is an example of an Orange County park sign for Laguna Coast. I really like this signage, very fancy, your tax payer dollars at work....basically everything including fun is prohibited. Don't even think about scratching your ass. You will also note that eBikes are prohibited. Nowhere on the sign do you see anything about disabled eBike access exempted.
If you visit Orange County's website and do a search on disabled access to trails, you'll find the following:
ADA Mobility Device Rules Effective March 15, 2011 Introduction On September 15, 2010 the United States Department of Justice (DOJ) revised rules to the Americans with Disabilities Act (ADA) effective March 15, 2011. These rules allow a mobilty device defined by DOJ rules as a wheelchair to be...
ocparks.com
OPDMD Devices
An OPDMD 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. This includes golf carts, 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 within the meaning of this section. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2).
(b)(1) Use of other power-driven mobility devices. A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursuant to § 35.130(h).
(c)(1) Inquiry about disability. A public entity shall not ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual´s disability.
(2) Inquiry into use of other power-driven mobility device. A public entity may ask a person using an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person´s disability. A public entity that permits the use of an other power-driven mobility device by an individual with a mobility disability shall accept the presentation of a valid, State-issued, disability parking placard or card, or other State-issued proof of disability, as a credible assurance that the use of the other power-driven mobility device is for the individual’s mobility disability. In lieu of a valid, State-issued disability parking placard or card, or State-issued proof of disability, a public entity shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability.
Go get your letter...Keep you bike....and ride like your hair is on fire.
Cheers.
