ADA Compliance

Does the EMU Trike® qualify as an OPDMD? ABSOLUTELY! 

According to ADA.gov, An OPDMD is any mobility device powered by batteries, fuel, or other engines that is used by individuals with mobility disabilities for the purpose of locomotion, whether or not it was designed primarily for use by individuals with mobility disabilities. 

OPDMDs may include golf cars/carts, electronic personal assistance mobility devices, such as the Segway ® Personal Transporter (PT), or any mobility device that is not a wheelchair and is designed to operate in areas without defined pedestrian routes.

The EMU Trike® is ideal for those with and without mobility issues and can be enjoyed almost anywhere! For our customers who use the EMU Trike™ for non-disability purposes, most states agree that it falls under the same regulations as a bicycle or is considered an EPAMD (Electric Personal Assistive Mobility Device).

Are public and private entities obligated to allow me on their property with my EMU Trike®? 

According to www.ada.gov, Public and private entities must make reasonable modifications in their policies, practices, or procedures to permit individuals with mobility disabilities to use OPDMDs, unless the entity can demonstrate that the class of OPDMDs cannot be operated in accordance with legitimate safety requirements adopted by the entity.

So technically, yes...they ARE obligated to allow any OPDMD on their property unless they can demonstrate that the unit causes safety concerns to other people, damage to the property's environment or harm to local natural resources, etc. For a clearer understanding of this explanation the ADA continues...

The decision about allowing a particular OPDMD in a specific facility or area depends on the following:

·        The type, size, weight, dimensions, and speed of the device.

·        The facility’s volume of pedestrian traffic (which may vary at different times of the day, week, month, or year).

·        The facility’s design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors; its square footage; the density and placement of stationary devices; and the availability of storage for the device, if requested by the user).

·        Whether legitimate safety requirements can be established to permit the safe operation of the OPDMD in the specific facility.

·        Whether the use of the OPDMD 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.

 

Is an officer, security guard or property staff allowed to ask me about my disability?

According to www.ada.gov, "Entitiemay not ask an individual using a wheelchair or OPDMD about the nature or extent of his or her disability."

"They may, however, ask a person using an OPDMD to provide a credible assurance that the mobility device is required because of a mobility disability, by either:

·        Showing a valid, State-issued, disability parking placard or card or other State-issued proof of a disability

·        Verbally stating that the OPDMD is being used by a person with a mobility disability (as long as the statement does not contradict observable fact)."


This means they cannot ask you things like "What KIND of disability do you have?" or "Exactly how debilitating IS your disability?" or "Why do you need to use a scooter when I just saw you walk into the bathroom?", etc. These are very personal questions and should not be of concern to anyone but you and your doctor. Once your doctor confirms your disability status, you receive a disability card, placard or license, which you should keep with you at all times.

 

 

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