1. (a)

   1. (1) The Department of Justice amended its regulation implementing Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to increase access to public facilities and programs by people with mobility impairments.
   2. (2) This policy directive is in response to the federal rule addressing the use of wheelchairs, manually powered mobility aids, and other power-driven mobility devices (reference Department of Justice, Title II, 28 C.F.R. pt. 35 (CRT Docket No. 105; AG Order No. 3180-2010) and Title III, 28 C.F.R. pt. 36 (CRT Docket No. 106; AG Order No. 3181-2010)).

2. (b) Use of wheelchairs and manually powered mobility aids.

   1. (1)

      1. (A) Individuals with mobility disabilities are permitted to use wheelchairs and manually powered mobility aids, such as walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities in any areas open to pedestrian use.
      2. (B) Disability documentation is not required.
      3. (C) Reference 28 C.F.R. § 35.137 (Title II) and 28 C.F.R. § 36.311 (Title III), mobility devices.

   2. (2)

      1. (A) A wheelchair is defined as a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or both indoor and outdoor locomotion.
      2. (B) Reference 28 C.F.R. §§ 35.104 and 36.104, definitions.

3. (c) Use of other power-driven mobility devices (OPDMD).

   1. (1) “Other power-driven mobility device” means any mobility device powered by batteries, fuel, or other engines, whether or not designed primarily for use by individuals with mobility disabilities, that is used by individuals with mobility disabilities for the purpose of locomotion, including golf carts, electronic personal assistance mobility devices (EPAMDs), such as the Segway® PT, or any mobility device designed to operate in areas without defined pedestrian routes.
   2. (2) OPDMDs are not wheelchairs.
   3. (3) Reference 28 C.F.R. §§ 35.104 and 36.104, definitions.

4. (d)

   1. (1) The State Parks Division has completed an assessment of facilities, programs, safety factors, visitor risks, and environmental impacts on state parks natural, cultural, and historical resources.
   2. (2) Based on the assessment, OPDMD types will be limited to Segway® PT, mobility scooters, or similar size and type devices.

   3. (3)

      1. (A)

5. (i) These devices will be allowed in public access buildings, facilities, and designated trails as follows.

   1. (ii) Note. All-terrain vehicles, recreational off-highway vehicles, and golf carts are prohibited unless noted.

      1. (B) Arkansas Museum of Natural Resources, Oil Field Exhibit Trail.

      2. (C) Bull Shoals-White River State Park:

         1. (i) Visitor Center Trail; and
         2. (ii) Gaston Wildflower Garden Trail.

      3. (D) Cane Creek State Park:

         1. (i) Cane Creek Lake Trail; and
         2. (ii) Delta View Trail.
      4. (E) Cossatot River State Park-Natural Area, Water Leaf Interpretive Trail.
      5. (F) Crater of Diamonds State Park, River Trail.

      6. (G) Crowley's Ridge State Park:

         1. (i) Lake Ponder Trail;
         2. (ii) Spider Creek Trail; and
         3. (iii) Walcott Lake Trail.

      7. (H)

         1. (i) Daisy State Park, Bear Creek Trail.
         2. (ii) Note. ATVs and OHVs are allowed.

      8. (I) Davidsonville Historic State Park:

         1. (i) Historic Townsite Trail;
         2. (ii) Black River Trail; and
         3. (iii) Trappers Lake Trail.
      9. (J) DeGray Lake Resort State Park, Green Heron Trail.
      10. (K) Delta Heritage Trail, Delta Heritage Trail.

      11. (L) Devil's Den State Park:

          1. (i) Woody Plant Trail;
          2. (ii) Lee Creek Trail; and
          3. (iii) Cross Country Mountain Bike Trail.

      12. (M) Hobbs State Park-Conservation Area:

          1. (i) Historic Van Winkle Trail; and
          2. (ii) Ozark Plateau Trail.
      13. (N) Jacksonport State Park, Tunstall River Walk Trail.

      14. (O) Lake Charles State Park:

          1. (i) Mockernut Trail;
          2. (ii) White Oak Lake Trail;
          3. (iii) Butterflies and Blooms; and
          4. (iv) Cedar Trail.
      15. (P) Lake Chicot State Park, Delta Woodlands Trail.
      16. (Q) Lake Frierson State Park, Dogwood Lane Trail.
      17. (R) Lake Poinsett State Park, Blue Heron Trail.
      18. (S) Louisiana Purchase State Park, Louisiana Purchase Boardwalk.
      19. (T) Mammoth Spring State Park, Spring Lake Trail.
      20. (U) Millwood State Park, Wildlife Lane.
      21. (V) Moro Bay State Park, Low Water Trail.

      22. (W) Mount Magazine State Park:

          1. (i) Signal Hill Trail;
          2. (ii) Greenfield Trail;
          3. (iii) Benefield Trail;
          4. (iv) Mossback Ridge Trail;
          5. (v) Will Apple's Road; and
          6. (vi)
6. (a) (a) Huckleberry Mountain Horse Trail.

7. (b) (b) Note. ATVs and OHVs are allowed.

   1. (X) Mount Nebo State Park, Bench Trail.

      1. (Y) Parkin Archeological State Park, Village Trail.
      2. (Z) Petit Jean State Park, CCC Trail.

      3. (AA) Pinnacle Mountain State Park:

         1. (i) Arkansas Arboretum Trail; and
         2. (ii) Kingfisher Trail.

      4. (BB) Prairie Grove Battlefield State Park, Battlefield Trail.

         1. (CC) Queen Wilhelmina State Park, Spring Trail.

            1. (DD) Toltec Mounds Archeological State Park:
         2. (i) Knapp Trail; and
         3. (ii) Plum Bayou Trail.

      5. (EE) Village Creek State Park:

         1. (i) Village Creek Multi-use Trails;
         2. (ii) Lake Dunn Trail;
         3. (iii) Arboretum Trail;
         4. (iv) Center Ridge Trail; and
         5. (v) Lake Trail.

      6. (FF) White Oak Lake State Park:

         1. (i) Beech Ridge Trail; and
         2. (ii) Fern Hollow Trail.
      7. (GG) Withrow Springs State Park, Forest Trail.

8. (e) Disability identification.

   1. (1) An individual with a mobility disability using an OPDMD must have:

      1. (A) A valid, state-issued disability parking placard or card or other state-issued proof of disability as a credible assurance that the use of the other power-driven mobility device is for the individual's mobility disability; or
      2. (B) In lieu of the requirements in subdivision (e)(1) of this section, a credible verbal assurance will be accepted.
   2. (2) Staff shall not ask an individual using a wheelchair or OPDMD questions about the nature and extent of the individual's disability.
9. (f) OPDMD speed limit. OPDMDs shall not exceed five miles per hour (5 m.p.h.).

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "August 17, 2011 Park Directive 3250"