quan
06-26-2005, 11:01 AM
There is a lot of press on the San Francisco Segway ban of December 16, 2002 but very little on the exception that is made for individuals with disabilities.
I will be visiting San Francisco this August with my wife who has multiple sclerosis. She is planning to use a Segway to help her get around the city.
I hope that the information below is helpful to other individuals who are planning to visit San Francisco.
Quan
Geneva, Switzerland
--------------------------------------------------
On December 16, 2002 (http://www.sfgov.org/site/bdsupvrs_page.asp?id=13552), the City of San Francisco banned the use of Segways on all sidewalks in the City and County of San Francisco and in public transit stations and public transit vehicles.
What is not as widely known is that the Segway ban no longer applies to individuals with disabilities. In a San Francisco Police Department bulletin dated August 20, 2004 (http://homepage.sunrise.ch/mysunrise/quan22/segway.sanfrancisco.pdf), it is stated that the use of a Segway by a disabled person does not constitute a violation of the San Francisco Traffic Code (http://www.amlegal.com/sftraffic_nxt/gateway.dll?f=templates&fn=default.htm&vid=alp:sf_traffic). The Mayor’s Office on Disability had decided that Segway use by individuals with disabilities should be permitted in accordance with Title II of the Americans with Disabilities Act (http://www.usdoj.gov/crt/ada/adahom1.htm).
The full text of the bulletin follows.
--------------------------------------------------
S.F.P.D.
Department Bulletin
A
04-182
08/20/04
USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
BY PEOPLE WITH DISABILITIES, SECTION 104 AND 128 TRAFFIC CODE
Section 104 of the Traffic Code prohibits the use of an Electric Personal Assistive Mobility Device (EPAMD) on any sidewalk in the City and County of San Francisco. Section 128(p) of the Traffic Code makes it unlawful to operate an EPAMD in any public transit station or public transit vehicle.
An EPAMD is defined in Section 104(b):
“Electric Personal Assistive Mobility Device” means a self-balancing, nontandem two-wheeled device, that can turn in place and is designed to transport only one person, with an electric propulsion system averaging less than 750 watts (one horsepower).
Members may be familiar with an EPAMD marketed under the brand name Segway. Small segments of the disabled community who have mobility impairments use an EPAMD instead of a wheelchair. People with disabilities who use an EPAMD may have limited mobility but can walk for a moderate distance. Others may use the device in conjunction with a cane or crutches.
The Mayor’s Office on Disability has determined that the use of an EPAMD for people with mobility impairments is a reasonable modification of policy under Title II of the Americans with Disabilities Act. When an officer is made aware of someone using the device in violation of Section 104 or 128 of the Traffic Code they should follow these procedures:
1. Ask the person operating the device, “Why are you using this?” If the person answers that it is being used because of a disability do not cite, document the event in CAD.
2. If the person is operating the device in violation of Section 128 have a MUNI supervisor respond to the scene for guidance regarding the use of the device in the station or vehicle. Document disposition in CAD along with Muni supervisor’s name.
3. Any person using the device who does not have a disability, requiring the use of said vehicle, is subject to citation under the appropriate section.
If there are any questions contact Sergeant Michael J. Sullivan, ADA Coordinator at 553-1343 or through the Operations Center after hours.
[Signed]
HEATHER J. FONG
Chief of Police
I will be visiting San Francisco this August with my wife who has multiple sclerosis. She is planning to use a Segway to help her get around the city.
I hope that the information below is helpful to other individuals who are planning to visit San Francisco.
Quan
Geneva, Switzerland
--------------------------------------------------
On December 16, 2002 (http://www.sfgov.org/site/bdsupvrs_page.asp?id=13552), the City of San Francisco banned the use of Segways on all sidewalks in the City and County of San Francisco and in public transit stations and public transit vehicles.
What is not as widely known is that the Segway ban no longer applies to individuals with disabilities. In a San Francisco Police Department bulletin dated August 20, 2004 (http://homepage.sunrise.ch/mysunrise/quan22/segway.sanfrancisco.pdf), it is stated that the use of a Segway by a disabled person does not constitute a violation of the San Francisco Traffic Code (http://www.amlegal.com/sftraffic_nxt/gateway.dll?f=templates&fn=default.htm&vid=alp:sf_traffic). The Mayor’s Office on Disability had decided that Segway use by individuals with disabilities should be permitted in accordance with Title II of the Americans with Disabilities Act (http://www.usdoj.gov/crt/ada/adahom1.htm).
The full text of the bulletin follows.
--------------------------------------------------
S.F.P.D.
Department Bulletin
A
04-182
08/20/04
USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
BY PEOPLE WITH DISABILITIES, SECTION 104 AND 128 TRAFFIC CODE
Section 104 of the Traffic Code prohibits the use of an Electric Personal Assistive Mobility Device (EPAMD) on any sidewalk in the City and County of San Francisco. Section 128(p) of the Traffic Code makes it unlawful to operate an EPAMD in any public transit station or public transit vehicle.
An EPAMD is defined in Section 104(b):
“Electric Personal Assistive Mobility Device” means a self-balancing, nontandem two-wheeled device, that can turn in place and is designed to transport only one person, with an electric propulsion system averaging less than 750 watts (one horsepower).
Members may be familiar with an EPAMD marketed under the brand name Segway. Small segments of the disabled community who have mobility impairments use an EPAMD instead of a wheelchair. People with disabilities who use an EPAMD may have limited mobility but can walk for a moderate distance. Others may use the device in conjunction with a cane or crutches.
The Mayor’s Office on Disability has determined that the use of an EPAMD for people with mobility impairments is a reasonable modification of policy under Title II of the Americans with Disabilities Act. When an officer is made aware of someone using the device in violation of Section 104 or 128 of the Traffic Code they should follow these procedures:
1. Ask the person operating the device, “Why are you using this?” If the person answers that it is being used because of a disability do not cite, document the event in CAD.
2. If the person is operating the device in violation of Section 128 have a MUNI supervisor respond to the scene for guidance regarding the use of the device in the station or vehicle. Document disposition in CAD along with Muni supervisor’s name.
3. Any person using the device who does not have a disability, requiring the use of said vehicle, is subject to citation under the appropriate section.
If there are any questions contact Sergeant Michael J. Sullivan, ADA Coordinator at 553-1343 or through the Operations Center after hours.
[Signed]
HEATHER J. FONG
Chief of Police