28 CFR Part 35 · Subpart B — General Requirements
§ 35.137 Mobility devices
Last updated June 11, 2026
Requires entities to permit wheelchairs and assess other mobility devices case-by-case.
In Plain Language
Wheelchairs and other manually-operated mobility devices must always be permitted in any area open to pedestrian use. For other power-driven mobility devices like golf carts, Segways, or scooters not designed as wheelchairs, public entities must make reasonable modifications to permit them unless they can demonstrate that doing so would be unsafe or fundamentally alter the program or facility. The burden is on the entity to assess each device type, not to create blanket bans.
This summary is educational, not legal advice. The official text below controls.
Official Regulatory Text — 28 CFR § 35.137
Verbatim from 28 CFR Part 35, current through June 9, 2026.
(a) Use of wheelchairs and manually-powered mobility aids. A public entity shall permit individuals with mobility disabilities 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.
(b)(1) Use of other power-driven mobility devices. A public entity shall make reasonable modifications in its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with mobility disabilities, unless the public entity can demonstrate that the class of other power-driven mobility devices cannot be operated in accordance with legitimate safety requirements that the public entity has adopted pursuant to § 35.130(h).
(2) Assessment factors. In determining whether a particular other power-driven mobility device can be allowed in a specific facility as a reasonable modification under paragraph (b)(1) of this section, a public entity shall consider—
(i) The type, size, weight, dimensions, and speed of the device;
(ii) The facility's volume of pedestrian traffic (which may vary at different times of the day, week, month, or year);
(iii) The facility's design and operational characteristics (e.g., whether its service, program, or activity is conducted indoors, its square footage, the density and placement of stationary devices, and the availability of storage for the device, if requested by the user);
(iv) Whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the specific facility; and
(v) Whether the use of the other power-driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources, or poses a conflict with Federal land management laws and regulations.
(c)(1) Inquiry about disability. A public entity shall not ask an individual using a wheelchair or other power-driven mobility device questions about the nature and extent of the individual's disability.
(2) Inquiry into use of other power-driven mobility device. A public entity may ask a person using an other power-driven mobility device to provide a credible assurance that the mobility device is required because of the person's disability. A public entity that permits the use of an other power-driven mobility device by an individual with a mobility disability shall accept the presentation of 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. In lieu of a valid, State-issued disability parking placard or card, or State-issued proof of disability, a public entity shall accept as a credible assurance a verbal representation, not contradicted by observable fact, that the other power-driven mobility device is being used for a mobility disability. A “valid” disability placard or card is one that is presented by the individual to whom it was issued and is otherwise in compliance with the State of issuance's requirements for disability placards or cards.
[AG Order No. 3180-2010, 75 FR 56178, Sept. 15, 2010]
What § 35.137 Means in Practice
- Wheelchairs: always permitted, no exceptions
- Other power-driven mobility devices: permitted unless the entity can demonstrate legitimate safety or operational concerns specific to the device type and facility
- Entities must assess factors including device speed, size, and whether it can be safely operated in the space
- Blanket bans on all non-wheelchair power devices are generally not permissible
- Policies must be applied consistently and cannot single out individuals
Common Questions
Can we prohibit Segways in our building?
Only if you can demonstrate a legitimate safety concern specific to the device and your facility. You must individually assess the device type, not impose a blanket ban.
Do we have to let someone use a golf cart inside our facility?
Depends on the facility and circumstances. Apply the reasonable modification standard and document your assessment.
Does § 35.137 apply to your entity?
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