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

11. Amend 28 CFR part 36 by adding § 36.311 to read as follows:

§ 36.311 Mobility devices.

(a) Use of wheelchairs and manually powered mobility aids.  A public accommodation shall permit individuals with mobility impairments to use wheelchairs, scooters, walkers, crutches, canes, braces, or similar devices in any areas open to pedestrian use.

(b) Other power-driven mobility devices.  A public accommodation shall make reasonable modifications in its policies, practices, and procedures to permit the use of other power-driven mobility devices by individuals with disabilities, unless the public accommodation can demonstrate that the use of the device is not reasonable or that its use will result in a fundamental alteration in the nature of the public accommodation's goods, services, facilities, privileges, advantages, or accommodations.

(c) Development of policies permitting the use of other power-driven mobility devices.  A public accommodation shall establish policies to permit the use of other power-driven mobility devices by individuals with disabilities when it is reasonable to afford a public accommodation's goods, services, facilities, or accommodations to an individual with a disability.  Whether a modification is reasonable to allow the use of a class of power-driven mobility device by an individual with a disability in specific venues (e.g., doctors' offices, parks, commercial buildings, etc.) shall be determined based on:

(1) The dimensions, weight, and operating speed of the mobility device in relation to a wheelchair;

(2) The potential risk of harm to others by the operation of the mobility device;

(3) The risk of harm to the environment or natural or cultural resources or conflict with Federal land management laws and regulations; and

(4) The ability of the public accommodation to stow the mobility device when not in use, if requested by the user.

(d) Inquiry into use of mobility device.  A public accommodation may ask a person using a power-driven mobility device if the mobility device is required because of the person's disability.  A public accommodation shall not ask a person using a mobility device questions about the nature and extent of the person's disability.

§§ 36.312-36.399 [Reserved]