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Accessibility upheaval after Olds, Alta. woman with cerebral palsy threatened with $5K fine for using mobility aid Achi-News

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Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.

An Olds, Alta. woman with accessibility issues is speaking out against the town after local bylaw officers informed her she would receive a $5,000 fine if she was caught using her mobility scooter on any street, sidewalk or a route in the town.

Jennifer Clarke, 48, was born with cerebral palsy and for the past six years has been using her Gio All Seasons Enclosed Mobility Scooter to get around town to complete day to day tasks.

On June 6, that all changed when he was operating his scooter in a nearby park.

“I was stopped and given a warning that I would be fined $5,000 or my mobility scooter would be towed if I used it on a public footpath,” Clarke said.

“I don’t think people realize how important accessibility is,” he said. “This is my independence that allows me to go to the grocery store or to the hospital for blood work.

“(The warning) takes away my independence,” he added. “I feel discriminated against.”

Other events

Other local residents including elderly people like Robert Fisher, who uses the same mobility scooter, have also been warned not to use the device around town.

“These scooters are about $8,500 to buy,” he said.

“Probably mark this down as elder abuse,” Fisher said. “It’s not hurting anyone, as if it should be taken away but we use it accordingly.”

According to Alberta Transportation and the Traffic Safety Act, mobility scooters and electric scooters are classified as ‘prohibited small vehicles.

Currently, Alberta municipalities do not have the authority to create their own bylaws for the operation and regulation of e-scooters on sides and roads.

The Government of Alberta has all jurisdiction over what types of vehicles are allowed on roads, bike paths and sidewalks.

‘If the mobility aid has a back seat’

In a letter obtained by CTV News following several complaints about mobility scooters, Alberta Transport Minister Devin Dreeshen says a mobility device is defined as a device that is used to ‘facilitate transportation, in a normal sitting orientation, of a person with physical disability.’

“The department has noticed newer devices being sold that claim to be mobility aids, but do more than just help a person get around,” the statement read.

“If the mobility aid has a back seat or a large cargo area, then it is considered to be more like a car than a mobility aid. Enforcement officers can then treat it as a motor vehicle and ban it from operating in pedestrian areas.”

Sean Crump, CEO of Included By Design, is a well-known accessibility advocate who uses a power chair himself to get around.

He says the province should consider improving its infrastructure to help those with mobility issues get around, but also make appropriate exceptions to these types of bylaws.

“Not all curbs are cut the right way,” says Crump, “and not all paths are built to current accessible standards for mobility aids that are a little larger, you may be required to use the a road or lane has been cut out and therefore a balance is required.”

“I believe the town needs to sit down and re-evaluate with the province how this bylaw works and look at some of the inconsistencies it creates, along with the kind of restrictions it places on people who use mobility aids.”

Town of Olds asks state for clarification

The designation of what is considered a mobility scooter is in the hands of Alberta Transportation and municipalities have been told that you must uphold this principle and the bylaws for the safety of all residents.

The Town Of Olds provided the following statement to CTV News:

“The Seniors’ Town recognizes that access to mobility aids is vitally important for those with different physical abilities,” read the statement.

“According to Alberta Government documentation, mobility aids are different from prohibited small vehicles. The Town of Olds has reached out to Alberta Transportation to seek official clarification regarding the Gio Mobility Scooters.”

The province would have to provide an exception, he added, acknowledging, “We have received complaints about prohibited vehicles driving on roads and investigated accordingly.”

CTV News has reached out to Alberta Transportation for clarification on its criteria for certain mobility aids.

A department spokesman says this vehicle cannot be registered or insured, so it is not allowed on the road — but it remains unclear if it is allowed on the pavement.

Golf carts

That said, a pair of central Alberta municipalities – the Summer Village of Half Moon Sylvan Lake and the Village of Delburne – have recently called on the province to allow the use of golf carts on certain approved roads or public lands within their jurisdictions.

In May of last year, Saskatchewan began allowing municipalities to pass bylaws allowing golf carts on certain roads as a result of a resolution passed at the Saskatchewan Association of Municipal Municipalities convention.

BC has also launched pilot projects to determine how best to safely allow golf carts on local roads in Chase and Qualicum Beach and Ontario has similar projects on Pelee Island and Huron-Kinloss.

(Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.)
source link https://calgary.ctvnews.ca/it-takes-away-my-independence-alberta-woman-speaks-out-against-provincial-law-that-prohibits-use-of-her-mobility-scooter-1.6936579

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