Does the ADA supersede local restrictions on Ebikes?

In Pennsylvania, you simply download & print a form from the state website, your doctor will sign it if he feels you qualify, mail it in and 60 days later, you get the placard in the mail.

I always get a kick out of it when friends, neighbors even strangers tell me I'm lucky to have a handicap placard. My response is always the same: You're even luckier not to need one.
 
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OR you can get one also all it costs is a foot!!
Reefmadness is my boats name. The local sheriffs marine patrol gets a kick out of it too. Never had a problem other than when they call me on the radio, they call reefermadness and giggle.
Gene
 
Hello the issue of the decal was it’s hard to remove it from the bicycle. The decal by law says it is a vehicles ownership has a disability and this device is used for their mobility.
It’s all about equity! Public transit systems provides wheelchair accessible vehicles only. Handcycles were made before the ADA. If you ride one fantastic, buy you must get in the wheelchair for service, you can’t use any public transit systems like everyone else.
Did you ever think about the civil rights movement and the elimination of the “short bus ” . As an adult you forced back into a short bus for fixed route service and into a wheelchair for service.
Wheelchairs have a place but to fill the gap between your house and the bus stop it’s tough.

Is it fair to make people hang their bicycles from a hook from the ceiling or lift a e-bike up to the front rack on a bus.

Trikes are used by people who have disabilities for locomotion . But you can’t enjoy life like everyone else. Because,
Public transit systems did a fantastic job of hiding the disabled from the public by sticking them back on the short bus.
Access for the disabled is a empty space with tie-down hooks.
Many people with disabilities enjoy outdoor activity just like before they had a negative experience that landed then in the chair.
Include the third wheel in the design of bike lanes and trails.
Manuel for Uniform Traffic Control device only show diamond frame bicycles. All because of the UCI and Charley.
The feds and all states definition of a bicycle all have three wheels till.you want to use public transportation.
Equity is confused with equality.
 
I am waiting for my ebikekit to convert my Sun EZ-3 USXHD trike to electric. I have been doing a lot of research on federal, state and local laws and creating a Word document with links, documents, and quotes for each category. I like to be pre-emptive and proactive. That way I can print up the necessary documents, laminate them, and have them ready to show if necessary. I was very happy to find this forum and look forward to learning from all of you and your extensive experience and knowledge.

I bought my bike in 2009 and rode it a little over a year. I had to buy a trike because of a major balance issue. Since then both knees are bone on bone, and a ruptured lower disc have further limited my abilities. I had not known about the availability of ebikes/trikes. Watching YouTube videos, websites such as this one, and other research opened up a whole new world of opportunity to see so much more than just from a car. A recumbent trike gives me a low center of gravity, longer wheelbase (which also helps with stability), and the EZ-3 HD can handle my weight. I am top heavy and would be unstable sitting on a normal trike, such as a fat tire unit, which I would really like to have. The Not a Wheel Chair looks like it would be great, except I noticed the young woman, as light as she is, was unstable when tipping towards the side.

I hope to help contribute information on various aspects of laws and regulations. I see that some people have already contributed links and quotes from some of the information I have found. Today I found what appears to be one of the best, reasonable, well written, and thorough policies I have found. I sent them an email today thanking them for developing and implementing such a good policy. Agencies appreciate hearing compliments, not just complaints. Since I live in California I had already been researching the state laws and regulations. I was not happy with what I found from the State Park's OPDMD policy and kept searching. In doing so I came across the East Bay Regional Parks District. It covers quite a few parks, trails, lakes, and other recreational opportunities. It is located on the East side of the San Francisco Bay area. I will attach some relevant PDF documents.

One of the main problems is the size requirements.
California State Parks in their OPDMD limits the size to 36" wide X 48" long. That is very problematic for anyone with an ebike or trike and would seem to violate the ADA and the definition of OPDMDs. I checked that great looking Not a Wheel Chair and it is 32" wide and 60" w/out the bumper. My EZ-3 USX HD is 78" long. Neither one would qualify as a OPDMD per the State Parks policy. I am now composing a message to complain on their restrictive standard and will provide them the great EBRPD policy.

Here is the size standard for the EBRPD policy: OPDMDs shall not be wider than 36” or longer than 48”, except for electric bicycles which may exceed 48” in length.

They also did a great job defining what a OPDMD is, which reflects the U.S. Department of Justice's Disability Rights Section clarification on the new Rules that took effect in 2011.

OPDMD DEFINED
Other power‐driven mobility device means any mobility device powered by batteries, fuel, or other engines—whether or not designed for use by individuals with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair.

In California when we are issued a Disability Placard we also get a paper with our information on it stating we qualify to receive it. I plan on affixing when necessary my placard to my trike, and having a copy of that document with me.

I hope this helps those who are trying to get better access in their own local area
 

Attachments

  • ebrpd_Final_Interim_Policy_on_Use_of_OPDMD_02-02-2012.pdf
    113.3 KB · Views: 454
  • opdmd.pdf
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  • PM_19-01.pdf
    303.5 KB · Views: 585
  • Use of OPDMDs in California State Parks v2.pdf
    107.9 KB · Views: 478
JodyH said:
I am waiting for my ebikekit to convert my Sun EZ-3 USXHD trike to electric. I have been doing a lot of research on federal, state and local laws and creating a Word document with links, documents, and quotes for each category. I like to be pre-emptive and proactive. That way I can print up the necessary documents, laminate them, and have them ready to show if necessary. I was very happy to find this forum and look forward to learning from all of you and your extensive experience and knowledge.

I bought my bike in 2009 and rode it a little over a year. I had to buy a trike because of a major balance issue. Since then both knees are bone on bone, and a ruptured lower disc have further limited my abilities. I had not known about the availability of ebikes/trikes. Watching YouTube videos, websites such as this one, and other research opened up a whole new world of opportunity to see so much more than just from a car. A recumbent trike gives me a low center of gravity, longer wheelbase (which also helps with stability), and the EZ-3 HD can handle my weight. I am top heavy and would be unstable sitting on a normal trike, such as a fat tire unit, which I would really like to have. The Not a Wheel Chair looks like it would be great, except I noticed the young woman, as light as she is, was unstable when tipping towards the side.

I hope to help contribute information on various aspects of laws and regulations. I see that some people have already contributed links and quotes from some of the information I have found. Today I found what appears to be one of the best, reasonable, well written, and thorough policies I have found. I sent them an email today thanking them for developing and implementing such a good policy. Agencies appreciate hearing compliments, not just complaints. Since I live in California I had already been researching the state laws and regulations. I was not happy with what I found from the State Park's OPDMD policy and kept searching. In doing so I came across the East Bay Regional Parks District. It covers quite a few parks, trails, lakes, and other recreational opportunities. It is located on the East side of the San Francisco Bay area. I will attach some relevant PDF documents.

One of the main problems is the size requirements.
California State Parks in their OPDMD limits the size to 36" wide X 48" long. That is very problematic for anyone with an ebike or trike and would seem to violate the ADA and the definition of OPDMDs. I checked that great looking Not a Wheel Chair and it is 32" wide and 60" w/out the bumper. My EZ-3 USX HD is 78" long. Neither one would qualify as a OPDMD per the State Parks policy. I am now composing a message to complain on their restrictive standard and will provide them the great EBRPD policy.

Here is the size standard for the EBRPD policy: OPDMDs shall not be wider than 36” or longer than 48”, except for electric bicycles which may exceed 48” in length.

They also did a great job defining what a OPDMD is, which reflects the U.S. Department of Justice's Disability Rights Section clarification on the new Rules that took effect in 2011.

OPDMD DEFINED
Other power‐driven mobility device means any mobility device powered by batteries, fuel, or other engines—whether or not designed for use by individuals with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair.

In California when we are issued a Disability Placard we also get a paper with our information on it stating we qualify to receive it. I plan on affixing when necessary my placard to my trike, and having a copy of that document with me.

I hope this helps those who are trying to get better access in their own local area
Click to expand...
 
I would file a complaint with the Office of Civil Rights. It’s not your fault that you’re device is not the type someone else thinks you should use. I would go enjoy myself and if I received a ticket . They you have a case file the complaint. As long as you are not doing damage you have the same rights to enjoy life as the other person does.
 
JodyH said:
I am waiting for my ebikekit to convert my Sun EZ-3 USXHD trike to electric. I have been doing a lot of research on federal, state and local laws and creating a Word document with links, documents, and quotes for each category. I like to be pre-emptive and proactive. That way I can print up the necessary documents, laminate them, and have them ready to show if necessary. I was very happy to find this forum and look forward to learning from all of you and your extensive experience and knowledge.

I bought my bike in 2009 and rode it a little over a year. I had to buy a trike because of a major balance issue. Since then both knees are bone on bone, and a ruptured lower disc have further limited my abilities. I had not known about the availability of ebikes/trikes. Watching YouTube videos, websites such as this one, and other research opened up a whole new world of opportunity to see so much more than just from a car. A recumbent trike gives me a low center of gravity, longer wheelbase (which also helps with stability), and the EZ-3 HD can handle my weight. I am top heavy and would be unstable sitting on a normal trike, such as a fat tire unit, which I would really like to have. The Not a Wheel Chair looks like it would be great, except I noticed the young woman, as light as she is, was unstable when tipping towards the side.

I hope to help contribute information on various aspects of laws and regulations. I see that some people have already contributed links and quotes from some of the information I have found. Today I found what appears to be one of the best, reasonable, well written, and thorough policies I have found. I sent them an email today thanking them for developing and implementing such a good policy. Agencies appreciate hearing compliments, not just complaints. Since I live in California I had already been researching the state laws and regulations. I was not happy with what I found from the State Park's OPDMD policy and kept searching. In doing so I came across the East Bay Regional Parks District. It covers quite a few parks, trails, lakes, and other recreational opportunities. It is located on the East side of the San Francisco Bay area. I will attach some relevant PDF documents.

One of the main problems is the size requirements.
California State Parks in their OPDMD limits the size to 36" wide X 48" long. That is very problematic for anyone with an ebike or trike and would seem to violate the ADA and the definition of OPDMDs. I checked that great looking Not a Wheel Chair and it is 32" wide and 60" w/out the bumper. My EZ-3 USX HD is 78" long. Neither one would qualify as a OPDMD per the State Parks policy. I am now composing a message to complain on their restrictive standard and will provide them the great EBRPD policy.

Here is the size standard for the EBRPD policy: OPDMDs shall not be wider than 36” or longer than 48”, except for electric bicycles which may exceed 48” in length.

They also did a great job defining what a OPDMD is, which reflects the U.S. Department of Justice's Disability Rights Section clarification on the new Rules that took effect in 2011.

OPDMD DEFINED
Other power‐driven mobility device means any mobility device powered by batteries, fuel, or other engines—whether or not designed for use by individuals with mobility disabilities—that is used by individuals with mobility disabilities for the purpose of locomotion, including golf cars, electronic personal assistance mobility devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair.

In California when we are issued a Disability Placard we also get a paper with our information on it stating we qualify to receive it. I plan on affixing when necessary my placard to my trike, and having a copy of that document with me.

I hope this helps those who are trying to get better access in their own local area
Click to expand...

Very informative... thanks for posting.
 
Arthritic Old Man said:
I would file a complaint with the Office of Civil Rights. It’s not your fault that you’re device is not the type someone else thinks you should use. I would go enjoy myself and if I received a ticket . They you have a case file the complaint. As long as you are not doing damage you have the same rights to enjoy life as the other person does.
Click to expand...


I agree with one caveat. Your "rights" cease when they start affecting others rights.........

Further, I would not "complain" about the (size) rules, preferring instead to see if they apply, or if there are exemptions.... by checking with the authorities that are responsible for enforcing them. In other words, see if there IS a problem prior to assuming there is and complaining about it.

My opinion anyway. FWIW.
 
thanks for all the input. it is truly appreciated.
I now have printed out the ADA article on OPDMD's. I have it folded up in my bike bag. Should I get any grief, we(grief giver and I) are going to read it together, word by word, and see how it goes from there.
As far as proving I am handicap, I will give walking a try......:)
Just back from a fine Sunday morning ride in the southern pines/pinehurst area. Kinda quiet out today.
 
dodahman said:
thanks for all the input. it is truly appreciated.
I now have printed out the ADA article on OPDMD's. I have it folded up in my bike bag. Should I get any grief, we(grief giver and I) are going to read it together, word by word, and see how it goes from there.
As far as proving I am handicap, I will give walking a try......:)
Just back from a fine Sunday morning ride in the southern pines/pinehurst area. Kinda quiet out today.
Click to expand...
I have two recumbents one is 6 foot and with the trailer 11 foot long, the other is a tandem 12 foot long, I pull a trailer makes it 17 feet long. DMV issued me dacals by law it says this is a vehicle used by a person for locomotion.

The law requires a reason other then safety for locking you out and saying NO. This has nothing to do with their opinion they must show real evidence that you being their makes it too dangers for others on the same trail and in the same space.
Otherwise out of my way and stop harassing me!
The decals are recognized in every state just like a the placard you hang on the mirror.
The 48 inches is a standard for turn radius they are requires to build for . My advise is stay away from the tight turns.
In the new AASHTO they have new standards that increased the size and recognized other types of bicycles.
The The United States Access Board has the trail standards, chances are the park ranger has no clue about those rules.
Go ride and have fun. Most park rangers have no clue of Fed ADA laws are and how they interact with park rules.
What are they going to do give you a ticket for being 4 inches to long. I am sure they want that 15 minuets of fame.
Go ride!
 
I was not familiar with the acronym AASHTO. I found it stands for American Association of State Highway and Transportation Officials. The latest guide I could find so far is from 2012. I could not find the new standards you referred to in it.

I did find the following in the 2012 edition.
Bicycle—A pedal-powered vehicle upon which the human operator sits. The term “bicycle” for this publication includes three- and four-wheeled human-powered vehicles, but not tricycles for children. In some states, a bicycle is considered a vehicle, while in other states it is not.

Bicycle Rack or Bike Rack—A stationary fixture to which a bicycle can be securely attached.

While researching today I did find some more good news for those who might have a disability and want to enjoy more federal places:
America the Beautiful Disabled Access Pass. https://store.usgs.gov/access-pass

A free, lifetime pass, plus a $10 handling fee. - available to U.S. citizens or permanent residents of the United States that have been medically determined to have a permanent disability (does not have to be a 100% disability) - that provides admittance to more than 2,000 recreation sites managed by five Federal agencies.

Acceptable documentation:
A copy of ID issued by an authorized U.S. agency such as your driver's license, passport, or state issued ID & Documentation that proves permanent disability such as:
  • Statement by a licensed physician (Statement must include: that the individual has a PERMANENT disability, that it limits one or more aspects of their daily life, and the nature of those limitations.) ;
  • Document issued by Federal agency such as the Veteran's Administration, Social Security Disability Income, or Supplemental Security Income;
  • Document issued by a State agency such as a vocational rehabilitation agency.
While I have permanent disability license plates and placard for California, I want to have something even more clear. I will work on getting a statement from my doctor for my own files and to have with me.

Most rangers and other law and rule enforcers will be understanding, and the majority of time not say anything. One area I especially want to go back to see is Point Lobos, a state park south of Monterey that is really a great place. They do have some accessibility trails that I want to take my trike on. They do have more rangers there and one might want to make an issue. If that happens I want to be prepared with factual information. Sometimes people think a badge and uniform gives them more authority that they actually have. Since I am new at this I do not want to have a trip ruined.
 
Jeez why so complex. Take your issued handicap parking hander and travel with it. Bob's your uncle!

Firstly ADA is a Federal set of regulations. It protects equal access. There are regulations that certainly apply to bicycles.

Definition of ‘‘other power-driven mobility device.'' The Department's NPRM defined the term ‘‘other power-driven mobility device'' in § 36.104 as ‘‘any of a large range of devices powered by batteries, fuel, or other engines— whether or not designed solely for use by individuals with mobility impairments—that are used by individuals with mobility impairments for the purpose of locomotion, including golf cars, bicycles, electronic personal assistance mobility devices

Last edited: Feb 22, 2020
 
retire01022004 said:
Thanks for efforts assembling this information. Your reference to the ADA continues that:
"People with disabilities have the right to choose whatever mobility device best suits their needs."
Golf carts and Segways are notes as examples of allowable mobility devices. I believe that an ebike could likewise best suit a disabled person's needs - as it does for me.
Click to expand...
I’m a little late to this discussion but I can’t ride my standard bike anymore I am out of breath with minimal exertion I’m also 74 so it’s not getting better soon.
 
IMG_0038.JPG
 
Browneye said:
An ebike is not considered an ADA mobility device. Sorry.
Click to expand...
Not exactly true.
An ebike is considered an "other power-driven mobility device" (OPMD) by the statutes which enacted the ADA. It does not mean, however, that an Ebike automatically falls into the same category as a wheelchair, scooter, or other commonly encountered mobility device used by persons with disabilities. It does mean that entities subject to the requirements of the ADA must accommodate or provide alternate methods for persons with disabilities whose use of an OPMD presents a safety or practicality issue.
 
That's what I'm gonna tell a judge if I get a citation in my locale for riding a ebike where they say pedal only. If I didn't have assist I simply would not make it from parking lot to ocean and back.
I'm ready. Show up all proper, all old and stuff. LOL
 
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