28 CFR Part 35 Title II Notice of Proposed Rulemaking (NPRM) - Preamble (published 2008)

Accessible golf cars.

Question six of the ANPRM asked whether golf courses should be required to make at least one, and possibly two, specialized golf cars available for the use of individuals with disabilities, with no greater advance notice required to obtain them than for use of other golf cars.  The Department also asked about the golf car's safety and use on golf course greens.  Accessible single-user golf cars are cars for use by individuals with mobility impairments that are driven with hand controls, and from which a person with a disability can hit the golf ball while remaining in the seat of the car.  Some golf cars have a swivel, elevated seat that allows the golfer to play from a semi-standing position.  These cars can be used by individuals without disabilities as well. 

The Department received many comments regarding accessible golf cars, with the majority of commenters in favor of requiring accessible golf cars.  The comments in opposition to requiring accessible golf cars came from some individuals and from entities covered by title III.  The Department has decided to propose no new regulations specific to accessible golf cars at this time.                                                                           

Many commenters in favor of requiring accessible golf cars noted the social aspect of golf, generally, and its specific--albeit informal--importance, in many business transactions, thus affecting both the social lives and the careers of some individuals with disabilities. 

Comments opposed to requiring accessible golf cars generally came from individuals and golf course owners and associations covered by title III.  Some commenters believed that there is little demand for accessible golf cars, or that the problem is solved by putting "medical" flags on traditional cars to identify individuals with disabilities who are then permitted to drive onto the greens, which otherwise would not be permitted. Others stated that accessible golf cars were too expensive or were specialized equipment that individuals with disabilities should purchase for themselves. One city representative commented that courses that do not provide golf cars should not be required to provide accessible golf cars.

Safety and the impact on golf course grounds were other areas addressed by the comments.  Again, opinions were divided. Some commenters said that the single-user golf cars are safe, do not damage the greens, and speed up the pace of play.  Others argued that the cars should pass the American National Standards Institute (ANSI) standards[2] for traditional golf cars, and that the single-user cars should not be required until there are safety standards for these cars.

Other concerns raised by public comments were the effect of allowing accessible golf car use on the greens and their impact on maintenance of the course.  Some commenters suggested that the cars would damage the greens and that the repair costs would be more significant than for traditional golf cars.  In addition, one commenter suggested that courses exceeding certain slope and degree standards be exempted from having single-user cars because of safety concerns.

Comments from golf courses that have provided accessible golf cars were generally positive in terms of safety and maintenance of the course. Further, courses that provide accessible cars do not report any safety issues or more than minimal damage to the greens.

With respect to making golf cars available, most supporters of providing accessible golf cars believe that no advance notice should be required to reserve the golf cars.  One association supported requiring golf courses to have accessible cars with advance notice, which could be achieved through pooling arrangements with other courses.  Some commenters explained that at least two cars per course should be required so that golfers with disabilities can play together.

Commenters also addressed whether courses that provide no cars at all should provide accessible cars.  Some commenters supported requiring every golf course, whether or not it provides traditional golf cars, to provide accessible cars because individuals with disabilities will not be able to play without an accessible car.      

The Department has decided not to add a regulation specifically addressing accessible golf cars at this time.  The existing regulation, which requires that entities operate each service, program, or activity so that, when viewed in its entirety, the service, program, or activity is readily accessible to and usable by individuals with disabilities, subject to a defense of fundamental alteration or undue burden, will continue to govern this issue.  28 CFR 35.150(a).

The Department is aware that the Department of Defense has recently undertaken an extensive study of the accessibility of golf courses operated for military personnel.  As a result of its study, the Department of Defense plans to provide two accessible golf cars at each of the 174 golf courses that the Department of Defense operates, except those at which it would be unsafe to operate such golf cars because of the terrain of the course.  See U.S. Department of Defense, Report to Congress: Access of Disabled Persons to Morale, Recreation, and Welfare (MRW) Facilities and Activities (Sept. 25, 2007).  The Department of Justice plans to study the Defense Department's implementation of its plan to determine if it provides an effective framework for ensuring golf course accessibility.