Does the ADA supersede local restrictions on Ebikes?

[J.R.]

When one talks to local representatives, regulators and law enforcement they say ebikes are not approved mobility devices. That may vary from state to state, county to county. A court will have to set a precedent. My county did have some heart over the issue though, their first move was to allow people with disabilities to obtain a permit to use an ebike, an ebike class they approved of. Even if you can obtain a permit to ride, they can set the limits and require a doctor to certify the disability and the permit applicant must sign a sworn statement they will abide by the approved limits. I know a couple that obtained said permits and got caught using a class 3 ebike, where it was illegal. They could have been prosecuted, but the permit was just revoked. These aren't simple, straightforward issues.

 

[dodahman]

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

Unless you are a doctor, your opinion about your ability or lack there of, is not a factor. A medical doctor determines that.

 

[Browneye]

Unless you are a doctor, your opinion about your ability or lack there of, is not a factor. A medical doctor determines that.

I have more court time than 95% of all the lawyers in the country. I'll take my chances thank you.

 

[Arthritic Old Man]

I believe the bike lanes should have ADA standards applied. Because they are the only other legal users of the bike lane.
The wheelchair in motion should be below the bicycle symbol.
Oregon is looking at this , I believe they won’t have a choice. The outcome would be better bike lanes. Bike or wheelchair?

 

[Arthritic Old Man]

This is what I did.

 

[6zfshdb]

I believe the bike lanes should have ADA standards applied. Because they are the only other legal users of the bike lane.
The wheelchair in motion should be below the bicycle symbol.
Oregon is looking at this , I believe they won’t have a choice. The outcome would be better bike lanes. Bike or wheelchair?
View attachment 80112

While I agree with you in part, there is another possibility to consider. ADA compliance is expensive and many municipalities may opt to eliminate MUP's & bike lanes rather than spend money to upgrade them. It would certainly be an obstacle to creating new bike paths & trails. There is no law that requires these facilities to exist at all.

 

[Arthritic Old Man]

While I agree with you in part, there is another possibility to consider. ADA compliance is expensive and many municipalities may opt to eliminate MUP's & bike lanes rather than spend money to upgrade them. It would certainly be an obstacle to creating new bike paths & trails. There is no law that requires these facilities to exist at all.

In Oregon a percentage of the transportation is spent on bicycles. Requirements under the Oregon Bicycle Bill. It was signed in 1973 years before the ADA

 

[J.R.]

In Oregon a percentage of the transportation is spent on bicycles. Requirements under the Oregon Bicycle Bill. It was signed in 1973 years before the ADA

I think the point he's making is if a mile of bike path is $50k per mile and the new ADAA path is $100k per mile, the municipality may just opt out of building it at all. They may not have the money from the percentage set-aside to complete the path.

I'm definitely not against it, it's just there's only so much money to go around.

 

[Arthritic Old Man]

I think the point he's making is if a mile of bike path is $50k per mile and the new ADAA path is $100k per mile, the municipality may just opt out of building it at all. They may not have the money from the percentage set-aside to complete the path.

I'm definitely not against it, it's just there's only so much money to go around.

Climate change is a hot issue. Electric automobile charging station are being built because of grants I am pushing for a 120 volt outlet for adaptive mobility device charging to be included. Imagine a investment in local transportation projects that connect housing projects to shopping centers via multi use trails. The highway department could remove bike lanes after the separations are completed. Most mobility devices have a short range but what impact can happen if fixed route system could handle mobility devices. Could they reduce the amount of paratransit bus needs thus improving mobility independence. Safe Routes to Schools would have the same ty of multi use trails, maybe teaching kids they can function without a car. How many school buses could be parked with a good mu use trails.

 

[Arthritic Old Man]

I think the point he's making is if a mile of bike path is $50k per mile and the new ADAA path is $100k per mile, the municipality may just opt out of building it at all. They may not have the money from the percentage set-aside to complete the path.

I'm definitely not against it, it's just there's only so much money to go around.

I don’t understand how the prices could double. Most of the people who use mobility devices would pre no bollards, ramps vs steeps . Turn radius for tandem trikes allready have guidelines. Not sure what would make it double?

 

[Spicy Legato]

The ADA states that "Covered entities must also allow people with disabilities
who use other types of power-driven mobility devices into their facilities ....' Granted there are exceptions. However, if a trail is posted no motorized vehicles, can a disabled person still ride an ebike? Likewise if state, local regulations prohibit throttles, can a disabled person still ride an ebike w/throttle?
In my case, at 74 and handicapped, I need my relatively powerful ebike with throttle to ride the hilly trails in PA. I always adhere to the posted speed limit. I also carry a copy of my handicap placard and of the pertinent sections of the ADA.

You would have to request an accommodation from the appropriate government entity. They probably would not respond.

You can request essentially any accommodation under the ADA if your accessing a program, service, etc, including a trail, requires an accommodation. As long as the requested accommodation is not a fundamental alteration, undue burden, or safety threat, the entity is required to provide the accommodation requested, or another accommodation which affords a similar level of access.

In real life, you would likely have to wait until you were ticketed to request an accommodation.

 

[Spicy Legato]

An ebike is not considered an ADA mobility device. Sorry.

While I agree with you in part, there is another possibility to consider. ADA compliance is expensive and many municipalities may opt to eliminate MUP's & bike lanes rather than spend money to upgrade them. It would certainly be an obstacle to creating new bike paths & trails. There is no law that requires these facilities to exist at all.

Government entities cannot legally remove infrastructure in order to avoid compliance with the ADA, Rehabilitation Act, and corresponding state law.

 

[Spicy Legato]

The ADA is extremely flexible. An electric assist bicycle can absolutely be an accommodation under the ADA. In fact, from my review, the ACLU of Michigan sued Mackinaw Island way back in 2002 for refusing to grant the accommodation of allowing a resident to use his electric assist bicycle due to the substantial limitations imposed by MS. Mackinaw Island was sued, and lost. See Bertrand v. City of Mackinac Island.

In practice, being able to enjoy your rights under the ADA requires a skilled attorney. This is especially true if what you are seeking is a novel issue. Basically, all of the clear rights afforded under the ADA came from people first having to file lawsuits.

 

[Arthritic Old Man]

Oregon agrees my tandem and my solo is my mobility devices. I can’t ride inside a building and never wanted to . But don’t tell me about not being able to enjoy a trail with my ebike

 

[Arthritic Old Man]

You would have to request an accommodation from the appropriate government entity. They probably would not respond.

You can request essentially any accommodation under the ADA if your accessing a program, service, etc, including a trail, requires an accommodation. As long as the requested accommodation is not a fundamental alteration, undue burden, or safety threat, the entity is required to provide the accommodation requested, or another accommodation which affords a similar level of access.

In real life, you would likely have to wait until you were ticketed to request an accommodation.

I know my rights , Its the uniform staff that doesn’t recognize the requirements of the ADA it’s not always about a wheelchair ramp

 

[Dale in Boulder]

I live in Boulder, Colorado, ride an e-bike and had part of one leg amputated. I researched yesterday the City of Boulder and Boulder County, Colorado rules regarding use of e-bikes as "other power-driven mobility devices" (OPDMD). That term is from the federal ADA regulations at 28 CFR § 35.127 and includes devices other than wheelchairs. The city of Boulder recently updated its rules for persons with mobility disabilities who use e-bikes as an OPDMD. I think both the city and county are handling the issue properly at this point.

Boulder County

The definition of “Other Power-Driven Mobility Devices” (OPDMDs) includes e-bikes.

Individuals with mobility disabilities may use OPDMDs on all trails open for pedestrian use unless a particular trail has been designated as inappropriate for use by OPDMDs based upon the assessment factors found in 28 CFR § 35.137(b)(2) of the Americans with Disabilities Act regulations.

As of June 21, 2021, Boulder County has prohibited all OPDMDs at Anne U. White Trail, Bitterbrush Trail at Hall Ranch and Walker Loop at Walker Ranch. This is a very small fraction of the trails in the county.

See Boulder County Resolution No 2020-099 (https://assets.bouldercounty.org/wp-content/uploads/2018/03/rules-and-regulations.pdf) and https://www.bouldercounty.org/open-space/parks-and-trails/accessibility/

City of Boulder

Bicycles and e-bikes: Can be used on all streets, in bike lanes, on multi-use paths and on sidewalks outside dismount zones (please note e-bikes may not be used on designated OSMP trails).

No device that uses an electric motor may be used on designated Open Space and Mountain Parks trails or OSMP paved multi-use trails, including: ebikes, motorized vehicles, motorized scooters and mopeds, and skateboards and scooters that have an electric motor. However, people experiencing disabilities can use Other Power/Driven Mobility Devices (OPDMDs), including electric-assisted cycles and handcycles.

https://bouldercolorado.gov/newsroo...an-powered-transportation-devices-can-be-used

I hope this is useful to someone.
Dale

 

[Arthritic Old Man]

I'm not saying you could ride any coattails but there has been at least one precedent.

Chris Billman is the only Oregonian with a disabled parking decal for his bicycle

One man's activism led to a DMV breakthrough.

bikeportland.org

Most of the article is about parking decals but also mentions;
"He was able to guarantee his right to use the Banks-Vernonia State Trail by telling rangers his bicycle qualified as a mobility device under the American with Disabilities Act."

The ADA's site defining "Power-Driven Mobility Devices".
https://adata.org/power-driven-mobility-devices

A 2012 article from electricbikereport.

Americans with Disabilities Act Revisions Open Bike Paths and Rails-to-Trails to Cyclists with Disabilities

This is a guest post from John Mosley, a long-time avid cyclist who found himself unable to ride a conventional bike after suffering a brain tumor. He bought a step-though electric bike and is now back in the saddle and loving it. Head to your nearest bike path or rail-to-trail, and the chances...

electricbikereport.com

https://bikeportland.org/2021/04/27/lawmakers-pass-bill-to-require-diversity-in-odot-advisory-committees-330427j

 

[Arthritic Old Man]

I'm not saying you could ride any coattails but there has been at least one precedent.

Chris Billman is the only Oregonian with a disabled parking decal for his bicycle

One man's activism led to a DMV breakthrough.

bikeportland.org

Most of the article is about parking decals but also mentions;
"He was able to guarantee his right to use the Banks-Vernonia State Trail by telling rangers his bicycle qualified as a mobility device under the American with Disabilities Act."

The ADA's site defining "Power-Driven Mobility Devices".
https://adata.org/power-driven-mobility-devices

A 2012 article from electricbikereport.

Americans with Disabilities Act Revisions Open Bike Paths and Rails-to-Trails to Cyclists with Disabilities

This is a guest post from John Mosley, a long-time avid cyclist who found himself unable to ride a conventional bike after suffering a brain tumor. He bought a step-though electric bike and is now back in the saddle and loving it. Head to your nearest bike path or rail-to-trail, and the chances...

electricbikereport.com

Oregon ORS says a decal is attached to a vehicle owned and operated by a person with disabilities. So no bike sharing tha would be like sharing a parking perm. There was more paperwork with my doctor. But it’s my insurance that some do good minded people can’t take it and it’s information listed with my drivers license.
Then it’s the new standard.

 

[Arthritic Old Man]

I did wonder the same. I've been involved on access laws and regulations with politicians and regulators locally. After studying the issue and bringing the disability question up with regulators, I was told ebikes do not qualify as mobility devices.

There's more ambiguity in ADA regulations than most people think. There are hard and fast issues like how spaces are constructed, but how much service to people and their personal needs is a little grey. There are so many reasons allowed to deny access. Speed, space, people...

I think an argument can be made for class 2 ebikes. I encourage anyone with a dog in the fight to fight. This will help:

Redirecting…

https://wheelsforwellbeing.org.uk/wp-content/uploads/2019/06/FINAL.pdf

 

[Arthritic Old Man]

I was able to get my state Rep’s to make the Department of Transportation include people with disabilities on all co that affect them.
I like the UK system and I am pushing that. I would read the bill I got passed and ask your lawmakers to do the same