Does the ADA supersede local restrictions on Ebikes?

[6zfshdb]

Mass. is not an e-bike friendly state. I used to ride up there frequently but due to these hassles, I now ride elsewhere.

 

[m@Robertson]

I can't even believe these rules. Limited to 5 MPH. Who rides a bike that slowly?

https://www.nps.gov/ozar/learn/management/upload/FY18-18-07-Use-of-OPDMD-2.pdf

The rules are clearly meant to discourage someone from trying to use an ADA exemption as a workaround to zip around on an ebike on a hiking trail that has not been designated multi-use. 5 mph is just about a low jogging speed. Clearly they want hiking trails to be oriented to hiking and hiking speeds.

If in fact its a trail that could be multi-use, petition its classification to be changed. But since the Class IV and V hiking trails are defined in the letter, it doesn't look like that will have much chance of success if thats what the trail actually looks like.

Class IV is 24-60" wide. Class V is 36-72". 5 mph is about right if there's any kind of pedestrian traffic you have to get around.

 

[trebor]

"5 mph is about right if there's any kind of pedestrian traffic you have to get around."

The problem is they say you may never exceed 5 mph. They could have said "You are required to pass foot traffic at a slow and courteous speed" and left it at that.

 

[rayray]

"5 mph is about right if there's any kind of pedestrian traffic you have to get around."

The problem is they say you may never exceed 5 mph. They could have said "You are required to pass foot traffic at a slow and courteous speed" and left it at that.

I agree.

When I ride a multi-use path, if there are no people and I have a clear line of sight, I move at a fast speed. Otherwise, I slow down significantly and pass at a very low speed. I have no interest in scaring anyone or possibly harming them or myself, but 5mph at all times is ridiculous and unnecessary. Honestly, I’ve never even heard of an incident on the paths in our area, and I’m certain it would make the news.

 

[m@Robertson]

Its pretty clear, as I said, that traffic is being limited to walking speeds because it is a designated hiking trail and not a mixed-use trail. You can't ignore the trail designation. You can mount efforts to change it, but blowing off the trail type is going to go nowhere.

The arguments for higher speed can be made with a mixed-use trail. But thats not what this is according to the rules you linked.

 

[rich c]

I have a hard time understanding how a 2 wheel bicycle that requires great balance and that can go 20mph is a mobility device for a disabled person. The 5mph limit makes a lot more sense to me, as well as using a 3 wheel device should also be safer. I love the idea that everyone can get outside and enjoy some mobility, but at 20mph is sure looks like a safety issue for everyone to me.

 

[AHicks]

I have a hard time understanding how a 2 wheel bicycle that requires great balance and that can go 20mph is a mobility device for a disabled person. The 5mph limit makes a lot more sense to me, as well as using a 3 wheel device should also be safer. I love the idea that everyone can get outside and enjoy some mobility, but at 20mph is sure looks like a safety issue for everyone to me.

Let me know the next time you maintain a no faster than 5mph speed for more than a few minutes with a 2 wheeled bike. You've completely ignored the fact that keeping your balance at 5mph can be a challenge. And before denying that, I'd suggest you refresh your memory..... go spend 10 minutes riding at 5mph.

I'd be fine with a fairly low speed limit on a single track trail, but 5mph is pretty extreme. Just 7 or 8mph would be much more reasonable.

 

[AHicks]

How would you get exercise at 5mph? How would you keep up with a group of other riders on regular bikes that go 15 mph? One of my son’s classmates lost her leg in the Boston Marathon bombing. I watched her dance during a school play for an hour before I noticed she was missing a leg. If she wanted to mountain bike with friends, what kind of a person would someone need to be to say she shouldn’t ride a class-1 e-bike on a trail?

If your concern is getting exercise with that 5 mph limit, suggest you turn off the power until if/when you need it.

Are you saying that conventional/analog bikes are allowed on same these trails with no restrictions? Are they members of a club or organization doing the maintenance on the trail? If not, I'd be asking how their speed limit was established.

 

[trebor]

I did take it as regular bikes had no speed limit but e-bikes had a 5mph limit, but then someone here just posted that in this example, regular bikes were not allowed at all because the trails in question were only for foot traffic. If that is the case, then it does make sense that the e-bikes are limited to foot traffic speeds. Where I live I never come across trails that don’t allow MTB so I wasn’t thinking in those terms.

 

[m@Robertson]

Let me know the next time you maintain a no faster than 5mph speed for more than a few minutes with a 2 wheeled bike.

If you had asked me this three months ago I would have agreed, but now I have to live with this all the time. 3-5 mph is actually easy to balance if you gear the bike way down low so you can pedal reasonably. Then you cut back the power to the lowest PAS setting. I have to do this on the main multi-use path in town that - now that the weather is warmed up - is full of brainless pedestrians in a number of segments. Get in a gear you'd ordinarily use only on a steep hill.

Its pretty comfortable riding. As long as I don't count the urge to run down people who should be watching where they are going.

 

[gromike]

My son just came back from a repair class on battery electric riding lawn mowers and he says they have an 8 mph speed limit. That's twice the walk speed of an ebike, and seems to me to be a good speed limit for a bike on a walking trail.

 

[Taylor57]

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.

I'm sorry, I'm a tad late to the discussion, but after a quick perusal of the tred you started awhile back, please use the s*it out of your throttle. They are on bikes for a reason.
Peace be with you. Taylor

 

[Virginian]

I have a eBike and have ridden it in MA DCR trails many dozens of times without a problem. I have not ridden it in over a year, but today I took it out. Right at the beginning, a park ranger stopped me and said I am limited to "improved trails at least 8 feet wide." That means, paved roads only. No natural surfaces. This is the new MA rule for state recreation land.

I explained I was going to ride the trails using ADA with the bike as my approved mobility device. I said that the rules don't require me to explain my condition, but I did have a doctor letter I was willing to show him, even though I don't have to. He said this was all new to him and he would look into it. I re-iterrated I was going to ride the trails today. He told me to have a nice day and left.

On the one hand, I feel like I have imposter syndrome, as I am able to ride a normal bike. On the other hand, I had given up riding in there after landing in the ICU due to my T1 diabetes after my insulin pump ran dry with ultra-fast acting insulin that only gives me about an hour to avoid a life-threatening emergency. The eBike is what can help me get back to my car if I had a time-dependent emergency again. Are there other workarounds that I could do to save me? Yes, but isn't that true of anyone who has a disability?

On the way out, I saw another guy with the same bike. I told him what happened, and asked if he ever had a problem. He said no, he has been coming here for 15 years and was never stopped.

This is all very frustrating, as I have heard every reason why eBikes should not be allowed, and they make no sense - at least not for Class-1. "They are heavy and could hurt someone if you crash." My bike and I combined are 200 lbs, which is less than most men with their regular bike. To think that I need an 8-foot wide paved road for 700 watts of power is preposterous. I can thread a needle with that thing.

Fellow T1D here, and bought an emtb because of T1D. I was an avid regular MTBer prior to my diagnosis last year, i felt so defeated as I couldn’t imagine ever biking again. The ebike as you know makes things more accessible. Not adding much but just wanted to share Im in a similar boat but havent pressed our National Forest departments here to see i I can ride yet. Luckily my local county trails ebikes are fair game on all trails.

 

[Old-tool-guy]

Ever hear the expression “one bad apple spoils the whole bunch”? People have quickly grown tired of bike riders who ignore traffic laws buy not stopping at stop signs, who ride slowly 2-3-4 across to block street lanes, etc. Not all bikers do, but it happens. So along comes these new e-bikes, and they are booming in popularity, and cities want to try to get ahead of them and keep them from becoming nuisances and trouble. Hiking trails are for hiking, no one wants a bunch of powered bikes zipping down the trail smashing into hikers. Etc.

Are the rule makers right? Probably not, but they try to write laws and ordinances for the good of the majority of citizens. My thought is … ride where you want, show respect for everyone else, don't be a nuisance, and everyone except Karen will probably leave you alone.

 

[trebor]

I don't think anyone is suggesting riding eBikes on trails that are only for hikers. I think riding eBikes where other bikes are allowed is the goal.

 

[trebor]

I now know enough to answer the original question. An e-bike can be used as an OPDMD. When the ADA added this policy in 2011, they told facilities they must create a policy to allow reasonable access for people with disabilities. If they do, they can decide on restrictions (speed limits, etc). If they don’t create a special policy, then they have to fully allow people with disabilities normal access.

So, it’s actually best if a site has not yet created a policy as they will usually add some restriction that ruins it.

If you don’t want to take your chances with a park ranger, you can always email the ADA coordinator for the facility and ask if they have a special form to request an accommodation. Fill it out, and you don’t even have yo state your condition. Just say you have a mobility disability that requires an e-bike with full access anywhere that a normal bike can go. They will probably ask your doctor to confirm that you have such a disability unless you already provided a lot of credible information. If your doctor won’t sign it, there are handicapped placard doctors who will review your case and sign it for about $160. They generally guarantee to either sign it or not charge you if they don’t think you qualify. Yes, it is possible to have T1 diabetes count. Not saying all doctors will agree, but my doctor signed a letter based on my own specific situation that may or may not apply to other people. I recommend saying that you cannot keep up with group rides, necessary for your fitness health, without going low, but an e-bike solves that. And other such things, like if your pump runs dry you will go into DKA if you can’t reach an EMT within an hour.

 

[Old-tool-guy]

I don't think anyone is suggesting riding eBikes on trails that are only for hikers. I think riding eBikes where other bikes are allowed is the goal.

No, but there was a comment about one town that only allowed riding on paved paths more than 3-4 ft wide (i forget the exact number). That effectively limits the bikes to a small number of non-street paths. My point is that there are a lot of suitable paved paths that can be ridden on if people would respect each other and try to coexist.

 

[AHicks]

No, but there was a comment about one town that only allowed riding on paved paths more than 3-4 ft wide (i forget the exact number). That effectively limits the bikes to a small number of non-street paths. My point is that there are a lot of suitable paved paths that can be ridden on if people would respect each other and try to coexist.

Not a bad plan for paved - or unpaved - paths in my book.

 

[Brian10956]

I have heart problem where the medication I take for irregular heartbeat slows my heart rate where I can’t exert myself. On my mountain bike I can only pedal on level ground at a slow to moderate pace if I hit an incline I will have to wait for my heart rate to stabilize before I can continue. Because of this I only use my ebike as without it I have much too many problems with breathing and waiting for my heartbeat to slow down. The ebike to me is as necessary as a wheelchair is to a paraplegic. I live in the North east and I’m planning on going to biking trails and if there is a sign saying e-bikes are not permitted I will fight to get that reversed. I feel I have as much right to travel on a ebike as person on any other type of motor assisted means as without it I just couldn’t go where I wanted. Years ago I had to fight to get a motorcycle handicapped plate as I was told I already had on on my car I co have a second one. I contacted the Governor and his office had motor vehicles send me the permit.

 

[Catalyzt]

Let me know the next time you maintain a no faster than 5mph speed for more than a few minutes with a 2 wheeled bike. You've completely ignored the fact that keeping your balance at 5mph can be a challenge. And before denying that, I'd suggest you refresh your memory..... go spend 10 minutes riding at 5mph.

I'd be fine with a fairly low speed limit on a single track trail, but 5mph is pretty extreme. Just 7 or 8mph would be much more reasonable.

Interesting. I take your general point and agree that a hard limit of 5 MPH would be tricky to maintain, but on many long, steeper stretches here, I'm going 5 to 6 MPH for five to 6 minutes at a time. On the really steep trails, I'm definitely going right around 5 MPH for a minute or two here or there.