Policy for Mobility Devices
NIACC shall permit individuals with mobility disabilities 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.
Definition of a Wheelchair – a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of both indoor and outdoor locomotion.
NIACC 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 NIACC can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that NIACC has adopted.
Definition of an Other Power-Driven Mobility Device (OPDMD) – 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.
In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a reasonable modification, NIACC shall consider:
- The type, size, weight, dimensions, and speed of the device.
- NIACC’s volume of pedestrian traffic, which may vary at different times of the day, week, month, or year.
- NIACC’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 other power-driven mobility device in the specific facility.
- 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.
NIACC personnel shall not ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual’s disability, but may ask a person using a power-driven mobility device to provide a credible assurance that the mobility device is required because of the person’s disability.
If use of the other power-driven mobility device is permitted, NIACC shall accept the presentation of 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 required because of the individual’s mobility disability. If no card is available, NIACC shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability.