A Department of Justice (DOJ) ruling went into effect March 15, 2011 which mandates state and local government to assess whether various kinds other power-driven mobility devices (OPDMDs) can be used on their facilities by individuals with mobility disabilities. Under the Americans with Disabilities Act (ADA) Title II, this DOJ rule applies to trails on state or local government lands. To assist state and local government agencies with these assessments DOJ has published assessment criteria to be used to determine safety, environmental and capacity concerns related to power-driven device access to public areas.
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 (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)."
The staff of the State Trails Program, in cooperation with the State Park managers, have initiated a project to digitally map all of the recreational trails in Colorado's State Parks. This work includes indentifying allowed trail uses (e.g., hiking, biking, equestrian, etc.) for all designated trails and a formal assessment process to determine which trails can accommodate other power driven mobility devices (OPDMDs) operated by persons mobility disabilities to access our trail systems. The effort to assess a trail's suitability for OPDMDs will form the basis of State Parks' final OPDMD policy, the spirit of which is to encourage more access in appropriate ways and discourage inappropriate ways.