Other Power-driven Mobility Devices (OPDMDs)
Most people are familiar with manual and power wheelchairs and electric scooters used by people with mobility disabilities. 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 devices" or OPDMDs. Public entities must allow people with disabilities who use OPDMDs to enter the premises unless a particular type of device cannot be accommodated. This is another example of a reasonable modification of policies, practices, or procedures.
In deciding whether an OPDMD can be accommodated, the following may be considered:
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type, size, weight, dimensions, and speed of the device;
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volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
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the facility's design and operational characteristics;
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whether legitimate safety requirements can be established to permit the safe operation of the OPDMD; and
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whether the use of the OPDMD creates a substantial risk of serious harm to the environment or natural or cultural resources, or poses a conflict with federal land management laws and regulations.
Public entities may set speed and other limits.
For some facilities - such as a state park - most public entities will likely determine that certain OPDMDs used by people with disabilities can be allowed wherever the public is allowed to go. For other facilities -- such as a town hall - public entities may determine that certain OPDMDs cannot be accommodated.
Public entities are allowed to ask a person using on OPDMD to provide “credible assurance” that the device is used because of a disability, such as a valid state-issued disability parking placard or a state-issued proof of disability. If the person does not have documentation, but indicates verbally that the OPDMD is being used because of a mobility disability, that also must be accepted, unless the person is observed doing something that contradicts the assurance (like running or jumping).
Although not required, many public entities develop written policies specifying which kinds of OPDMDs will be permitted and where and when they will be permitted, based on the assessment factors noted previously.
Title II Regulations 28 § 35.137
Mobility devices:
(a) Use of wheelchairs and manually-powered mobility aids. A public entity shall permit individuals with mobility disabilities to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use.
(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).
(2) Assessment factors. In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a reasonable modification under paragraph (b)(1) of this section, a public entity shall consider— (i) The type, size, weight, dimensions, and speed of the device; (ii) The facility's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year); (iii) The facility's design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user); (iv) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and (v) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations. (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. A “valid” disability placard or card is one that is presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance’s requirements for disability placards or cards.
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