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State and local governments (Title II) and businesses (Title III places of public accommodations) must allow persons with mobility disabilities to use other power-driven mobility devices in their facilities unless a particular device cannot be accommodated because of legitimate safety requirements. The ADA National Network Fact Sheet on Wheelchairs and Other Power-Driven Mobility Devices provides information on:
- Definitions of wheelchairs and other power-driven mobility devices
- Assessment factors to be used to determine if a particular device can be accommodated
- Type of “credible assurance” a covered entity may require from someone requesting to use an other power-driven mobility device
Sections of the U.S. Department of Justice ADA regulations applying to wheelchairs and other power-driven mobility devices include:
Nondiscrimination on the Basis of Disability in State and Local Government Services
"Other power-driven mobility device means 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 (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 within the meaning of this section. This definition does not apply to Federal wilderness areas; wheelchairs in such areas are defined in section 508(c)(2) of the ADA, 42 U.S.C. 12207(c)(2)."
"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)."
Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities (definitions are the same)
