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
Archive for the ‘Department of Justice’ Category
ATVs on the A.T.?
Thursday, March 17th, 2011DOJ: Segways not allowed on trails
Thursday, August 5th, 2010
American Trails has a report on their website regarding a recent final ruling by the Department of Justice with regards to wheelchairs and "Other Power Driven Mobility Devices" on trails in federally designated wilderness areas.
Basically the DOJ has ruled that the Segway® Personal Transporter is not a wheelchair because the Segway® is not designed primarily for use by individuals with disabilities, nor used primarily by persons with disabilities.
The current law states that "on National Forest System lands wherever foot travel is allowed, any wheelchair or other mobility device is allowed if the device was designed solely for use by a mobility-impaired person for locomotion and it is suitable for use in an indoor pedestrian area."
For more information on the subject and to read the article, please click here.
Jeff
HikingintheSmokys.com
Basically the DOJ has ruled that the Segway® Personal Transporter is not a wheelchair because the Segway® is not designed primarily for use by individuals with disabilities, nor used primarily by persons with disabilities.
The current law states that "on National Forest System lands wherever foot travel is allowed, any wheelchair or other mobility device is allowed if the device was designed solely for use by a mobility-impaired person for locomotion and it is suitable for use in an indoor pedestrian area."
For more information on the subject and to read the article, please click here.
Jeff
HikingintheSmokys.com

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