ATVs on the A.T.?

ATVs on the A.T.?

Thursday, March 17, 2011

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On Tuesday of this week, new Department of Justice rules went into effect that will allow “power-driven mobility devices” to be used on trails by “individuals with mobility disabilities.”

An “other power-driven mobility device” is defined in the rules as: "any mobility device powered by batteries, fuel, or other engines — whether or not designed primarily 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, such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes. This apparently includes ATVs as well.

While this new rule currently applies to trails only on state or local government lands, it is expected to be challenged (presumably in court) to make the rule applicable on federal lands as well, including National Parks.

American Trails has been providing a ton of information on the new rule. They've also compiled a list of FAQ's that helps to explain the rule in more detail.

So I have to ask my fellow hikers, just out of curiosity, what are your thoughts on seeing/allowing Segways, golf carts or ATVs on the Appalachian Trail, the Little River Trail, the Rainbow Falls Trail, or any other trail in your favorite National Park?

Do individuals with disabilities have the right to enjoy parks just as anyone else, or do power-driven devices impede on the rights of hikers wishing to escape modern civilization while enjoying nature and solitude, for which parks were originally intended?


Jeff
HikingintheSmokys.com

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Webinar: New DOJ Ruling on "Other Power-Driven Mobility Devices" on Trails

Webinar: New DOJ Ruling on "Other Power-Driven Mobility Devices" on Trails

Monday, February 21, 2011

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A couple of weeks ago I posted a blog regarding new Department of Justice rules that will allow certain “power-driven mobility devices” to be used on trails by "individuals with mobility disabilities.”

Over the weekend I received an email from American Trails announcing that they will be holding a webinar this Wednesday to help explain the new ruling, and how it will impact trails and trail managers.

The new ruling effectively states that individuals with mobility disabilities may go on a trail utilizing “other power-driven mobility devices” (OPDMD), regardless of size or horsepower, UNLESS the land manager has documented that it has completed an assessment of the trail, route, or area using the DOJ assessment factors, and as the result has determined that such use is not allowed.

An OPDMD is defined as: "any mobility device powered by batteries, fuel, or other engines — whether or not designed primarily for use by individuals with mobility disabilities — that is used by individuals with mobility disabilities for the purpose of locomotion, including golf carts, electronic personal assistance mobility devices (EPAMDs), such as the Segway..."

The requirements of the new rules take effect on March 15, 2011.

The webinar will attempt to address two key questions:

How should trail managers address what could potentially be a disruptive new use of motor vehicles on trails?

At the same time, how can we encourage appropriate access to our trails by persons with disabilities?

WEBINAR DETAILS:

Date: Wednesday, February 23, 2011
Time: 2:00 – 3:00 p.m. (Eastern)
Format: 30 minute presentation; 30 minutes of Q & A session
Moderator: Stuart Macdonald, National Trails Training Partnership (NTTP) Manager,
American Trails
Presenter: Janet Zeller, U.S. Forest Service National Accessibility Program Manager

To participate in the webinar:

Step 1: Get clear on the concept: download the text of key sections of the DOJ rule...

Step 2: Read the discussion on what the DOJ rule means for trail managers: questions
and answers on DOJ rule for "other power-driven mobility devices"...

Step 3: Space is limited. Reserve your webinar seat by clicking here.

For more information about the new ruling from American Trails, please click here.


Jeff
HikingintheSmokys.com

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Power-driven mobility devices to be allowed on trails

Power-driven mobility devices to be allowed on trails

Thursday, February 3, 2011

4 comments

American Trails is reporting that On March 15, 2011, new Department of Justice rules will allow certain “power-driven mobility devices” to be used on trails by “individuals with mobility disabilities.”

The report on American Trails, which is an analysis of the new ruling by Janet Zeller, the U.S. Forest Service National Accessibility Program Manager, states that “power-driven mobility devices,” if driven by a person who has a mobility related disability, will now be allowed on trails.

A power-driven mobility device is defined as anything with a motor that can be driven, regardless of size or horsepower. This includes golf carts, electronic personal assistance mobility devices (EPAMDs), such as the Segway, or any mobility device designed to operate in areas without defined pedestrian routes.

As of now, the ruling only applies to trails on state or local government lands, as well as trails open to the public on privately or commercially managed lands. For some odd reason it doesn't apply to Federal lands, but that may change in the future.

The DOJ rules require an entity open to the public to make reasonable modifications in its policies, practices, or procedures to allow the use of other power-driven mobility devices by individuals with mobility disabilities, UNLESS: that entity can document that it has completed an assessment of the facility, trail, route, or area, before the person requesting use of the device arrived onsite, and the entity found that class of other power-driven mobility device could not be used in that location due to one or more of the following DOJ assessment factors:

(a) “The type, size, weight, dimensions, and speed of the device;

(b) The volume of pedestrian traffic;

(c) The design and operational characteristics;

(d) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and

(e) 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.”

Regarding factor (d): It's not too hard to imagine that this provision will be challenged and provide an avenue for profound changes to trails. In the future, will trail managers be forced to make trails more navigable - in other words, will they have to remove impediments such as rocks, roots and even possibly water bars? Will there be a standard minimum width for all trails? Will some trails have to be re-routed to get around certain sections that are too steep, etc.?

It will be quite interesting to see where this all leads to.

American Trails will be adding additional information to their website to help the public better understand this new rule. To keep track of the latest information, you can click here.




Jeff
HikingintheSmokys.com

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