Case By Case Accommodation Program For Power-driven Mobility Devices

Compliance with Federal Rule on Power-driven Mobility Devices on DEC Lands

The US Department of Justice has amended the definition of "wheelchair" and added a definition of "power-driven mobility device" to the regulation that implements Title II of the Americans with Disabilities Act.

In meeting the mandates of this rule, DEC will continue to allow the use of cars, trucks and all-terrain vehicles by permit on designated routes as authorized in Commissioner Policy # 3 (CP-3), and will consider issuing permits, on a case-by-case basis, for the use of other types of power-driven mobility devices on these CP-3 routes for people with mobility disabilities.

DEC will also consider, on a case-by-case basis, issuing permits for the use of power-driven mobility devices on routes that are not currently open pursuant to Commissioner Policy #3.

Advance requests for such permits must be made to the DEC Access Coordinator. Requests for permits must include proof of disability or other credible assurance that the power-driven mobility device is to be used for a mobility disability.

All New York State laws, rules and regulations regarding public motor vehicle use on DEC's outdoor lands remain in effect.

Wheelchairs are allowed anywhere pedestrians are allowed on state lands.

For further information:

• Copy of Federal rule 28 CFR 35.137:
• DEC Access Coordinators
• Application for Accommodation Permit for the Use of Power-driven Mobility Devices (PDF)
• Application for Commissioner's Policy #3 - Motorized Access Program for People with Disabilities (MAPPWD)