28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities NPRM: Preamble (2008 Title III NPRM Preamble)

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 than that required of other golfers.  The ANPRM also asked about the safety of such cars and their potential for damaging golf course greens. Accessible golf cars are designed for use by individuals with mobility disabilities and are operated using hand controls.  An individual with a disability can hit a golf ball while remaining in the seat of an accessible golf car.  Some accessible golf cars have a swivel, elevated seat that allows the golfer to play from a semi-standing position.  Accessible golf cars can be used by individuals without disabilities as well.  The Department received many comments on the subject of accessible golf cars (approximately one quarter of all comments received), the majority of which favored a requirement for accessible golf cars.  However, the Department has decided not to add a regulation specifically addressing accessible golf cars at this time.

Comments in support of requiring courses to provide accessible golf cars came from individuals both with and without disabilities.  These commenters generally supported having one, two, or multiple cars per course.  A number of comments stressed the social aspect of golf, generally, and its specific importance in many business transactions.  Most commenters believed that no advance notice should be required to reserve an accessible golf car.  Some golf course owners argued that a requirement for advance reservation of an accessible golf car might allow them to develop pooling arrangements with other courses.

In response to the Department's questions regarding the safety of accessible golf cars, most commenters stated that the accessible cars are safe, do not damage the greens, and speed up the pace of play.  Some commenters expressed concern about the safety of accessible golf cars, arguing either that the cars should pass the American National Standards Institute (ANSI) standards for traditional golf cars,^[2] or that accessible cars should not be required until there are applicable safety standards.  Comments from golf courses with experience in providing accessible golf cars were generally positive in terms of the cars' safety and the impact on maintenance of the greens and the course.

As the Department requested, the public also addressed the issue of whether a golf course that does not provide standard golf cars should offer accessible cars.  One commenter explained that the courses that do not provide golf cars are often shorter length courses, such as "executive" or nine-hole courses, and that individuals with disabilities who are learning to play golf, or who might not have the stamina to play eighteen holes, would be more likely to use these courses.  Thus, accessible golf cars should be available at these courses. This commenter pointed out that one executive course that had no traditional--but two accessible--cars made money on the single-user cars because individuals with and without disabilities wanted to use them. 

The Department also received comments opposing a requirement to provide accessible golf cars from some golf course owners, associations, and individuals.  Those opposing such a requirement argued that there was little demand for accessible golf cars, or that the problem could be solved by putting "medical flags" on traditional golf cars.  Such flags might identify cars that were permitted to have wider use of the course.  Other commenters stated that accessible golf cars were too expensive or were specialized equipment that individuals with disabilities should purchase for themselves.

Like some individuals with disabilities, some commenters who opposed a requirement for accessible golf cars also expressed concern about the lack of safety standards.  There were also concerns that repair costs for greens or for accessible golf cars would be more significant than with traditional golf cars.  One commenter suggested that courses exceeding certain slope and degree standards be exempted from having single-user cars.  Others argued that, in practice, the safety issue and the issue of damage to courses are negligible.

The Department has decided not to add a regulation specifically addressing accessible golf cars at this time.  As with free-standing equipment, the Department believes that the existing regulation is adequate to address this issue.  The Department may gain additional guidance in the future from the experience of the Department of Defense, which is planning 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).