I had a bad accident and now have a permanent disability in my right ankle/foot which is why I now ride an eBike. I live in Orange County, California which is extremely restrictive towards eMTB access to trails and very anti eBike in general. I've attached the following information below for those of you who ride an eBike on California or Orange County trails and have a disability whether medical or physical. The below information is invaluable and I hope you find it useful.
I'm greeted at my local Orange County parks and California State Parks trails by trails signs such as these. Note that every contingency is covered by the signs except for disabled eBike access.
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For those with any disability, whether medical, physical, etc., here's what they don't tell you. Under the Americans with Disability Act, eBikes are considered an "OPMD", (Other Person's Mobility Device) and allowed on all trails in which a traditional bicycle is allowed.
In 2010, the Americans with Disability Act recognized that future non-traditional powered mobility device technology was emerging and not presently covered under the Americans with Disability Act. The American's with Disability Act was amended by the legislators to include a new category of "Powered" mobility device, identified in the act as a "Other Persons Mobility Device". The Americans with Disability Act defines an OPMD as follows:
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"
The ADA Home Page provides access to Americans with Disabilities Act (ADA) regulations for businesses and State and local governments, technical assistance materials, ADA Standards for Accessible Design, links to Federal agencies with ADA responsibilities and information, updates on new ADA...
www.ada.gov
Per the amendment anybody with a disability can operate their "OPMD" i.e. eBike on trails where a non-motorized bicycle is allowed. Orange County Parks and California State Parks recognize the "OPMD" amendment to the American's with Disability Act and specifically state so in their respective park policy's. HOWEVER, neither agency posts this fact at trailheads or makes any attempt to let persons with disabilities know they can ride their eBikes on trails. In my opinion, this is a violation of Americans with Disability Act.
I've attached links to both Orange County Park and California State Park official policy on "OPMD" access to trails.
California State Parks Policy on disabled OPMD eBike access to trails:
Orange County Parks Policy on disabled OPMD eBike access to trails:
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...
www.ocparks.com
Do not expect any park or state employee to know or fully understand their agency's policy. I know this from personal experience and have had to correct agency employees. Download as a PDF and keep on your cell phone each agency's policy in the above links. They may come in handy when dealing with an uninformed employee or ranger.
Under the Americans with Disability Act, you are not required to explain to anybody the nature of your disability. This is considered private information. If an employee inquires into the nature of your disability, they are in the wrong. However, do you want to ride a bike or stand there and argue. I went to my doctor and asked him to write a letter on official letterhead which states I have a disability as covered under the American's with Disability Act and utilize my eBike as a Other Persons Mobility Device. I keep the letter in my riding pack. I've yet to produce it as proof of disability, but it's there when ready.
Note that each agency requires proof of your disability. Accepted proof is a disabled persons placard. However, not everybody has a placard. I refuse to get one. Each agency has set forth that a verbal proof of disability is acceptable.
State of California Policy:
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. The Department will also accept the National Parks and Federal Recreational Lands Access Pass as credible assurance.
Orange County Parks Policy:
(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.
Orange County Parks OPMD Definition:
Electric-powered mobility devices include: Any mobility device powered by batteries, including multiple passenger carts (three or four wheels), electronic personal assistance mobility devices (EPAMDs - such as the Segway PT), battery-powered bikes (two or three wheels) and single passenger scooters (three or four wheels).
Lastly, I will leave you with this gem.....This poster was produced by the United States Department of Agriculture which sets policy in all National Forests, including eBike access to non-motorized trails. I especially like the part where it infers that if I want to access trails, I need to use a pedal bike and "Do The Legwork." I only wish I could....
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