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Old 08-27-2008, 04:04 PM #1
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Default electric personal assistive mobility device

Ok, trying to decide if to make a long story short or a short story long. I have decided I am much better at the latter. LOL

The background of this thread is that I have a scooter and I would assume that is a "electric personal assistive mobility device" as I would assume an electric wheelchair is the same. Maybe I'm wrong.

Now to make the story longer the way this all started is it is a nice summer day in Michigan. Perfect weather, low humidity with temps around 75 so I decided to run errands on my scooter, which by the way was paid for by my health insurance company after the doctor wrote a prescription for one because of fatigue and mobility issues.

I have had a problem in the past with people that park across the sidewalks here in my city that make going around them sometimes dangerous depending on the slope of their driveway. I brought it to the attention of some of the "offenders" and they continue to do it. I brought it to the attention of my city's chief of police who said it was up to the discretion of the police officer if a ticket was issued and he stated at this point, "the same as it would be if you were doing 35 in a 25 and the officer observed that". Maybe, wrongly, I felt he was warning me to watch my p's and q's if I pursued this issue. This by the way was the second time I had talked to him about it. Both times he told me to talk to the people breaking the law or call 911 and report the offender.

I decided that maybe a letter to the editor in our local paper would help the offenders see the errors of their way. Not only does it affect the disabled but the elderly and children in strollers, etc. I wrote the letter and received many positive comments but of course it didn't help the situation so I have chose to ignore for awhile.

Today on my trip I had to go around two cars parked on the sidewalk, go across the street to avoid a construction barrel on the sidewalk, and try to find my way around unaccessible curbs that have not been cut for wheelchairs. So..here is my long story short, finally! I looked it up on the Michigan vehicle laws and found it is illegal for cars to park across any sidewalk. So now I have a law # to quote when I talk to people.

Then while looking over some laws I came across the following and I am concerned, do you read the following as I do that at any time the city, DNR, etc can make it illegal for handicapped persons to use their wheelchairs and scooters on public land? Tell me it isn't true.

Thanks for listening.

10) The governing body of a county, a city, a village, an entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or a township may, by ordinance, which is based on the health, safety, and welfare of the citizens, regulate the operation of electric personal assistive mobility devices on sidewalks, highways or streets, or crosswalks. Except as otherwise provided in this subsection, a governing body of a county, city, village, entity created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or township may prohibit the operation of electric personal assistive mobility devices in an area open to pedestrian traffic adjacent to a waterfront or on a trail under their jurisdiction or in a downtown or central business district. Signs indicating the regulation shall be conspicuously posted in the area where the use of an electric personal assistive mobility device is regulated.

(11) Operation of an electric personal assistive mobility device is prohibited in a special charter city and a state park under the jurisdiction of the Mackinac Island state park commission.

(12) Operation of an electric personal assistive mobility device may be prohibited in a historic district.

(13) The department of natural resources may by order regulate the use of electric personal assistive mobility devices on all lands under its control.
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Old 08-27-2008, 05:22 PM #2
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I think your reading it correctly, but I would hope the law is more geared to recreational type devices such as scooters, bikes, etc., not adapted equipment such as a wheelchair or mobility scooter for disabled citizens. Plus, that law is dated 1967. They could try to uphold it but I doubt any judge would find it funny to see a disabled citizen being hauled into court for violation of a wheelchair or scooter.

Now, if you are doing wheelies in your scooter that's a whole other game.

I don't have advice for the ignorance of some people who park in the sidewalk. Here in Illinois that's a serious offense and you will be ticketed.
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Old 08-27-2008, 10:25 PM #3
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Maybe what they are describing is more like a golf cart.
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Old 08-28-2008, 10:41 AM #4
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Quote:
Originally Posted by doydie View Post
Maybe what they are describing is more like a golf cart.

I don't think so because it is described as an assistive mobility device. Sounds like a scooter or wheelchair to me. Like Sandy pointed out, though, the law was written 40 years ago. That was long before ADA and I'm pretty sure that these are just a few examples of outdated laws that aren't enforced anymore.
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Old 08-28-2008, 10:51 AM #5
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I don't think it refers to HC appropriate use. This allows police license to not allow Go-carts, ATVs, riding mowers, etc in streets. And Segways!! I think Disney land prohibits them.
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Old 08-28-2008, 11:30 AM #6
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I think the language refers to electric toys as someone mentioned. "PMV" as in Personal Mobility Vehicle is the term most often used for scooters and wheelchairs in my experience.

Where I've seen regulations against PMVs has only been in places like some national parks' higher-risk, pedestrian-only trails, but those restrictions are safety related, not in place as a matter of controlling traffic. (Ask Craig! )

It seems to me that 1967 was about when the Solex came out, it was an electric and/or gas motor that originally attached to a bicycle and allowed the rider speeds of about 15 mph. The electric ones were "charged up" by pedaling the bike. In my area, they were restricted pretty much everywhere but residential streets.

Any government agency that applied this ordinance to the users of legitimate PMVs would be subjected to a tirade of very unfortunate legal issues.

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Old 08-28-2008, 11:57 AM #7
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I would expect that the ADA being Federal would supercede this for handicap/disability access. They could still restrict you from driving on a public road for safety reasons. The curb cut thing should be addressed, no reason for there not being cuts.
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