# In the news



## life behind bars (May 24, 2014)

https://www.yahoo.com/news/m/41d737...7f481fe6/ss_klickitat-county-woman-wants.html


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## mvray (Jul 26, 2007)

I just posted this in the Washington state forum.


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## rider95 (Mar 30, 2016)

She needs to post a ADA placard on her bike buy a hunting n fishing lic


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## Walt (Jan 23, 2004)

Yeah, solution seems pretty simple, which is get an ADA placard. Pretty open and shut appropriate use case, right? I'm a little baffled by the USFS stance here that they're not considered mobility devices but I'm not as up on the legalese as others here.

-Walt


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## Harryman (Jun 14, 2011)

I'm surprised by the position they are taking as well, but it seems clear they don't consider it an OPMD. You'd think that they'll modify their stance at some point in the future, but the gears of the government grind slowly. 

My experience with the USFS locally is different


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## gorgebiker (Jan 26, 2015)

I was with Bella last year when she had a terrible interaction with someone claiming to be a guide in Sedona. The sign said no motorized vehicles. We road the trail never thinking her bike would be considered a motorized vehicle. This guy comes racing past me, jumping and tearing up the trail. He then gets behind Bella and starts cursung her. Says she is on a motorcycle and braking the law. She politely explained she had a type 1 ebike and it was not a motorized vehicle. He continued to curse at her. She explained she had a physical disability and this was the only way she could enjoy the trails. He told her to find another sport. This all occurred shortly after she was diagnosed and put her into a terrible depression. She then contacted the national forest service for clarification. She was told to ride the jeep trails. We attempted to do that only to have jeeps, ATV's and dirt bikes dangerously racing past us. It is hard to believe the forest service would put her in such a dangerous situation. It is also hard to believe the Forest Service does not have to follow ADA


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## life behind bars (May 24, 2014)

gorgebiker said:


> I was with Bella last year when she had a terrible interaction with someone claiming to be a guide in Sedona. The sign said no motorized vehicles. We road the trail never thinking her bike would be considered a motorized vehicle. This guy comes racing past me, jumping and tearing up the trail. He then gets behind Bella and starts cursung her. Says she is on a motorcycle and braking the law. She politely explained she had a type 1 ebike and it was not a motorized vehicle. He continued to curse at her. She explained she had a physical disability and this was the only way she could enjoy the trails. He told her to find another sport. This all occurred shortly after she was diagnosed and put her into a terrible depression. She then contacted the national forest service for clarification. She was told to ride the jeep trails. We attempted to do that only to have jeeps, ATV's and dirt bikes dangerously racing past us. It is hard to believe the forest service would put her in such a dangerous situation. It is also hard to believe the Forest Service does not have to follow ADA


The Forest Service did not put her in that position if the story is even true, she made the choice to.


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## Harryman (Jun 14, 2011)

Unfortunately for Bella, in Arizona ebikes are considered motorized.

28-2516 - Motorized electric or gas powered bicycles or tricycles; definition

The class 1 definition only applies in states where that legislation had been adopted, like California, which makes it confusing when you travel.

We'll see if the the suit against the USFS results in a change in policy or not. Id support it.


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## rider95 (Mar 30, 2016)

tiretracks said:


> The Forest Service did not put her in that position if the story is even true, she made the choice to.


 What do you mean ? Tire tracks ?? put her in what position?? if she is a ADA dont you think there is room for her on the trail? made what choice ??


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## gorgebiker (Jan 26, 2015)

Type 1 Ebikes are considered bicycles in Arizona per Arizona law. This makes it all the more confusing. Regarding whether or not the story is true, I was with her and read all of the correspondence. The Forest Service stated I writing to her that jeep trails were designed for motorized vehicles, that all ebikes are motorized vehicles and she should ride on the jeep trails. ADA reqUires equal,access for disabled people. It is rediculous that the federal government requires states and private business to follow ADA but they do not have to


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## rider95 (Mar 30, 2016)

As has been explained to me by my ADA office when I put my ADA placard on my two wheel scooter or my e bike it then becomes my mobility vehicle. The forest ranger nor a cop or any person with a wkitalkie can say its not . If she is ADA complaint she has grounds for a fight.


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## Harryman (Jun 14, 2011)

gorgebiker said:


> Type 1 Ebikes are considered bicycles in Arizona per Arizona law.


No, they're defined as motorized bicycles which is an important distinction. From my link to the statute in the previous post:

"6. A motorized electric or gas powered bicycle or tricycle may use rights-of-way designated for the exclusive use of bicycles."

They're talking about paved bike only bike paths and lanes.

Explained by the Tucson cops:

"Motorized bicycles may be ridden in rights-of-way designated for the exclusive use of bicycles (bike paths) as long as the motorized bicycle operates in compliance with the speed restrictions. They cannot be operated on any public sidewalk, multi-use path, and shared-use path or on any designated pedestrian path in any public park. "

https://www.google.com/url?sa=t&sou...Xe0soJeeXfRNWurNg&sig2=yyHNvuiuUWyXgy4amm_jqA

So, while the guy that yelled at you might have been an azz, he was correct about the law.

If the jurisdiction you're in recognizes ebikes as OPMDs, you're golden, if not, your in violation. I don't see why they wouldn't, but that's out of my job description.


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