What is a Mobility Device?
If you frequently utilize a mobility device or rely on one for everyday use, it is important to be aware of the definitions and the rights you possess. As technology advances, so do assistive mobility devices. Since the creation of powered mobility products, innumerable iterations have since been developed. These advancements effectively allow users to choose the device that best suits their needs. In the United States, the Americans with Disabilities Act (ADA) protects people with disabilities and limited mobility, as well as the devices they require in all public situations. In this post, we will provide legal examples of what a mobility device is and include a bonus excerpt of why they are tax-exempt in Florida.
Illustration courtesy of ADA.gov
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What is a Mobility Device?
According to the ADA, mobility devices are considered any device that assists disabled individuals and those with limited mobility. They are crucial for many people. allowing them to navigate their everyday environments with greater independence and safety. The definition of “mobility device” is left broadly open-ended, in order to protect users and prohibit discrimination. Furthermore, due to ongoing technological advancements, new kinds of mobility devices will continually be introduced and invented. In order to ensure accessibility in the present and future, “mobility device” is used as an umbrella term.
The two main categories of mobility devices provided by the ADA (Mobility Devices, 2023):
1. Wheelchairs (manual or power-driven) and manually powered devices
2. Other powered options, such as golf carts (referred to as Other Power-Driven Mobility Devices or OPDMD)
Between these two categories, a mobility device can be a manual or power wheelchair, walker, crutches, canes, braces, electric scooter, and any other power-driven mobility device (OPDMD). Moreover, the ADA defines OPDMD as, “any mobility device powered by batteries, fuel, or other engines that may be used by people with disabilities to get around” (Mobility Devices, 2023). Some examples of OPDMDs are golf carts, Segways®, and ATVs. Essentially, you have the right to utilize whichever device best complements your lifestyle, limitations, and needs.
Where Can I Use a Mobility Device?
Along with defining mobility devices, an essential purpose of the ADA is to mandate accessibility accommodations in all facets of public life. Under the ADA, individuals with disabilities have the right to equal access of public facilities, services, and programs. This includes the use of mobility devices in all areas open to pedestrian use. Notable examples include state/local government buildings, businesses/covered entities, sidewalks, and public transportation. The ADA’s website states, “Covered entities must allow people with disabilities who use any OPDMD to enter the premises unless a particular type of device cannot be accommodated because of legitimate safety requirements” (ADA Requirements: Wheelchairs, Mobility Aids, and OPDMDs, 2023). In most cases, your choice of mobility device can be accommodated. However, any exclusions must present authentic safety risks to the user or other pedestrians. A suitable exclusion would be a combustion engine-driven device operating within an indoor setting.
Why are Mobility Devices Tax Exempt in Florida?
Mobility devices vary in price depending on the type of device, manufacturer, and features. Sometimes insurance, Medicare, or Medicaid subsidize certain devices, although, others are out-of-pocket and can be pretty costly. To make these essential devices more accessible, the Florida Department of Revenue ruled that they are exempt from sales tax under the category of “prosthetic or orthopedic appliances” (FDR, 2022). Most notably, this tax exemption pertains to both prescription and non-prescription, privately bought devices. Applying the aforementioned definition of “mobility device”, this exemption includes durable medical equipment (DME), manual and motorized wheelchairs, scooters, OPDMDs, lifts, and ramps. Any repairs or replacement parts are also tax-exempt. By excluding mobility devices from sales tax, Florida is demonstrating its commitment to accessibility and helping to create a more equitable and inclusive society.
Final Thoughts
In summary, mobility devices are vital tools for many individuals with disabilities, limited mobility, and a broad spectrum of conditions. The ADA prohibits discrimination against mobility device users and ensures that everyone has equal access to public spaces, businesses, and transportation. In addition, some states like Florida have made mobility devices tax-exempt, attempting to lessen the financial burden of necessary supplies. If you have any questions or inquiries, you can feel free to reach out to us. We have non-commissioned sales experts ready to help find the right scooter for you.
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References
Mobility Devices. (2023, March 23). ADA.gov. https://www.ada.gov/topics/mobility-devices/
ADA Requirements: Wheelchairs, Mobility Aids, and Other Power-Driven Mobility Devices. (2023, March 23). ADA.gov. https://www.ada.gov/resources/opdmds/
Moffa, B. J. (2015, February 19). TAA 14A-014 – MEDICAL MOBILITY SCOOTERS EXEMPT FROM SALES TAX. Law Offices of Moffa, Sutton, & Donnini, P.A. https://www.floridasalestax.com/florida-tax-law-blog/2015/february/taa-14a-014-medical-mobility-scooters-exempt-fro/
Andrew Fatalo is the owner of Statewide Mobility Inc & Mobility Scooters Direct. He has been in the mobility product industry since 2005 and knows a ton about e-commerce marketing. He gives back to the handicap community by hosting mobility scooter and electric wheelchair give-aways which you can learn more about by following his companies on Facebook.
