Arkansas Administrative Code
Agency 013 - Department of Parks and Tourism
Division 05 - Parks Division
Rule 013.05.11-001 - Policy Directive 3250: Department of Justice (DOJ) ADA Regulation on Mobility Devices

Universal Citation: AR Admin Rules 013.05.11-001

Current through Register Vol. 49, No. 9, September, 2024

The Department of Justice amended its regulation implementing Title II of the Americans with Disabilities Act (ADA) to increase access to public facilities and programs by people with mobility impairments. This policy directive is in response to the federal rule, addressing the use of wheelchairs, manually powered mobility aids, and other power-driven mobility devices (reference DOJ, Title II, 28 CFR. Part 35 [CRT Docket No. 105; AG Order No. 3180-2010] and Title III, 28 CFR. Part 36 [CRT Docket No. 106; AG Order No. 3181-2010]).

I.

A. Use of wheelchairs and manually powered mobility aids. Individuals with mobility disabilities are permitted to use wheelchairs and manually-powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use. Disability documentation is not required. (Reference §35.137 (Title II) and §36.311 (Title III) Mobility devices).

B. A wheelchair is defined as a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or both indoor and outdoor locomotion. (Reference §35.104 and §36.104 -Definitions).

II. Use of other power-driven mobility devices (OPDMD). Other power-driven mobility device means any mobility devise 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 ® PT, or any mobility device designed to operate in areas without defined pedestrian routes. OPDMD's are not wheelchairs (Reference §35.104 and §36.104 - Definitions).

III. Arkansas State Parks has completed an assessment of facilities, programs, safety factors, visitor risks, and environmental impacts on state parks natural, cultural and historical resources. Based on the assessment, OPDMD's types will be limited to Segway ® PT, Mobility Scooters or similar size and type devices. These devices will be allowed in public access buildings, facilities and designated trails as follows (note: all- terrain vehicles, recreational off highway vehicles and golf carts are prohibited, unless noted):

Arkansas Museum of Natural Resources

Oil Field Exhibit Trail

Bull Shoals-White River State Park

Visitor Center Trail

Gaston Wildflower Garden

Bull Shoals-White River State Park

Trail

Cane Creek State Park

Cane Creek Lake Trail

Cane Creek State Park

Delta View Trail

Water Leaf Interpretive

Cossatot River State Park - Natural Area

Trail

Crater of Diamonds State Park

River Trail

Crowley's Ridge State Park

Lake Ponder Trail

Crowley's Ridge State Park

Spider Creek Trail

Crowley's Ridge State Park

Walcott Lake Trail

Daisy State Park

Bear Creek Trail *

Davidsonville Historic State Park

Historic Townsite Trail

Davidsonville Historic State Park

Black River Trail

Davidsonville Historic State Park

Trappers Lake Trail

DeGray Lake Resort State Park

Green Heron Trail

Delta Heritage Trail

Delta Heritage Trail

Devil's Den State Park

Woody Plant Trail

Devil's Den State Park

Lee Creek Trail

Cross Country Mountain

Devil's Den State Park

Bike Trail

Hobbs State Park-Conservation Area

Historic Van Winkle Trail

Hobbs State Park-Conservation Area

Ozark Plateau Trail

Jacksonport State Park

Tunstall River Walk Trail

Lake Charles State Park

Mockeraut Trail

Lake Charles State Park

White Oak Lake Trail

Lake Charles State Park

Butterflies and Blooms

Lake Charles State Park

Cedar Trail

Lake Chicot

Delta Woodlands Trail

Lake Frierson State Park

Dogwood Lane Trail

Lake Poinsett State Park

Blue Heron Trail

Louisiana Purchase State Park

Louisiana Purchase Boardwalk

Mammoth Spring State Park Millwood State Park

Spring Lake Trail Wildlife Lane

Moro Bay State Park

Low Water Trail

Mount Magazine State Park

Signal Hill Trail

Mount Magazine State Park

Greenfield Trail

Mount Magazine State Park

Benefield Trail

Mount Magazine State Park

Mossback Ridge Trail

Mount Magazine State Park

Will Apple's Road Huckleberry Mountain Horse Trail *

Mount Nebo State Park

Bench Trail

Parkin Archeological State Park

Village Trail

Petit Jean State Park

CCC Trail

Arkansas Arboretum Trail

Pinnacle Mountain State Park

Kingfisher Trail

Prairie Grove Battlefield State Park

Battlefield Trail

Queen Wilhelmina State Park

Spring Trail

Toltec Mounds Archeological State Park

Knapp Trail

Toltec Mounds Archeological State Park

The Plum Bayou Trail

Village Creek Multi-use

Village Creek State Park

Trails

Village Creek State Park

Lake Dunn Trail

Village Creek State Park

Arboretum Trail

Village Creek State Park Village Creek State Park White Oak Lake State Park

Center Ridge Trail Lake Trail Beech Ridge Trail

White Oak Lake State Park

Fern Hollow Trail

Withrow Springs State Park

Forest Trail

(* Note: ATV's and OHV's are allowed)

IV. Disability Identification. An individual with a mobility disability using an OPDMD must have:

A. A valid, State-issued, disability parking placard or card, or other State-issued proof of disability, as a credible assurance that the use of the other power-driven mobility device is for the individual's mobility disability.

B. In lieu of the requirements in IV. A. a credible verbal assurance will be accepted.

C. Staff shall not ask an individual using a wheelchair or OPDMD questions about the nature and extent of the individual's disability.

V. OPDMD Speed Limit

OPDMD's shall not exceed five (5) miles per hour.

Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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