Other Power-Driven Mobility Devices (OPDMD)

Responsible Executive	Vice Chancellor of Administration
Responsible Office	Disability Access and Compliance access@berkeley.edu
Contact	Policy, Complaint, and Special Project Manager Disability Access and Compliance 510-697-9313

Issued	July 1, 2024
Effective	July 1, 2024
Next Review	July 1, 2029

Policy Statement

UC Berkeley must allow people with disabilities who use manual or power wheelchairs or scooters, and manually-powered mobility aids such as walkers, crutches, and canes, into all areas open to pedestrian use by members of the public. This policy also covers areas at UC Berkeley that are not open to the public.

Processes

When an OPDMD is being used by a person with a mobility disability, different rules apply under the Americans with Disability Act (ADA) than when it is being used by a person without a disability.

A person with a disability who uses an OPDMD must be allowed to enter University buildings and facilities unless it can be shown that a particular type of device cannot be safely used.

OPDMDs powered by fuel or combustion engines are not permitted to be used in indoor settings.

OPDMDs must be operated at a safe speed and in a manner that does not endanger others or damage University property. A safe speed would be considered the same pace as pedestrian traffic in the area of use.

OPDMD users must comply with all traffic and parking signs and regulations.

When the OPDMD user is not using the OPDMD device as a mobility device, it is no longer protected by the ADA and must be stored in accordance with other University policy.

OPDMD users must ensure their OPDMD does not restrict paths of entry or egress.

University employees may ask the person using the OPDMD to provide credible assurance that the device is used because of a disability. However, employees may not ask about the nature and/or extent of an individual’s disability. The suggested question would be, “do you need to use this device due to your disability?”

In deciding whether a particular type of OPDMD can be allowed in a particular building, the following factors must be considered:

the type, size, weight, dimensions, and speed of the device;
the building’s volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
the building’s design and operational characteristics (e.g., indoors or outdoors, square footage, density and placement of furniture and other stationary devices, and availability of storage for the OPDMD if needed and requested by the user);
whether legitimate safety requirements (such as limiting speed to the pace of pedestrian traffic or prohibiting use on escalators) can be established to permit the safe operation of the OPDMD in the specific building; and
whether the use of the OPDMD creates a substantial risk of serious harm to the immediate environment, or poses a conflict with Federal land management laws and regulations.

Users of OPDMDs must not charge them in University property if their batteries do not comply with the following safety standards:

For e-bikes, UL 2849, the Standard for Electrical Systems for E-bikes, as recognized by the United States Consumer Product Safety Commission, or EN 15194, the European Standard for electrically powered assisted cycles (EPAC Bicycles).
For e-scooters, e-skateboards, one-wheel and other e-mobility devices, UL 2272, the Standard for Electrical Systems for Personal E-Mobility Devices, as recognized by the United States Consumer Product Safety Commission, or EN 17128, the European Standard for personal light electric vehicles (PLEV).

Users of OPDMDs must not charge them in any corridors, lobbies, or other egress areas.

Scope of Policy

This policy affects everyone at UC Berkeley.

Definitions

Other power-driven mobility devices (OPDMD): any mobility device powered by batteries, fuel, or other engines… that is used by individuals with mobility disabilities for the purpose of locomotion, including golf carts, electronic personal assistance mobility devices… such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a wheelchair.

Credible Assurance: if the person presents a valid, State-issued disability parking placard or card, or other State-issued proof of disability, that must be accepted as credible assurance on its face. If the person does not have this documentation, but states verbally that the OPDMD is being used because of a mobility disability, that also must be accepted as credible assurance, unless the person is observed doing something that contradicts the assurance. Disabled Students’ Program and/or Disability Management Services may also be able to provide credible assurance.

Why We Have This Policy

People with mobility, circulatory, respiratory, or neurological disabilities use many kinds of devices for mobility. Some use walkers, canes, crutches, or braces. Some use manual or power wheelchairs or electric scooters. In recent years, some people with mobility disabilities have begun using less traditional mobility devices such as golf carts or Segways®. More advanced devices will inevitably be invented, providing more mobility options for people with disabilities. This policy provides guidance on the use of Other Power-Driven Mobility Devices (OPDMDs) at UC Berkeley.

People with disabilities have the right to choose whatever mobility device best suits their needs.

UC Berkeley therefore must also allow people with disabilities who use other types of power-driven mobility devices into their facilities, unless a particular type of device cannot be accommodated because of legitimate safety requirements, including direct threat to the health and safety of others. Where legitimate safety requirements bar accommodation for a particular type of device, UC Berkeley must provide the service it offers in alternate ways if possible.

Procedures

Individuals may contact DAC at access@berkeley.edu:

with questions regarding this policy or a particular OPDMD’s use;
to appeal the denial of use of an OPDMD; or
to discuss a grievance related to alleged violation of OPDMD user rights.

Where a person has been denied the use of an OPDMD, they can file a complaint with the Office for Prevention of Harassment and Discrimination at ask_ophd@berkeley.edu, or make a report to the Whistleblower hotline

Employees who want to bring an OPDMD into their campus work space should notify their supervisor/manager. The employee and/or the supervisor/manager may contact Disability Management Services at 510-643-7921 to discuss any questions related to the employee’s use of the OPDMD.

Responsibilities

Individuals who wish to use Other Power-Driven Mobility Devices (OPDMD) at UC Berkeley must comply with the processes and procedures outlined herein.

Department heads are responsible for ensuring compliance with this policy within their areas and for ensuring that faculty, staff, students, and visitors are informed of the policy.

Consequences of Policy Violations

Violations of the policy by students should be handled in accordance with the Student Conduct Code, in consultation with the Center for Student Conduct.

Faculty and academic employee violations of the policy should be handled in accordance with the Academic Personnel Manual, in consultation with the Academic Personnel Office.

Staff employee violations of the policy should be handled in accordance with Personnel Policies for Staff Members or the applicable collective bargaining agreement, in consultation with Employee & Labor Relations.

Web Site Address for This Policy

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