OLDS — Two Olds residents warned not to drive their enclosed mobility scooters on streets or face fines are frustrated that there’s been no change in the rules since they raised their concerns roughly a month ago.
The Town of Olds' chief administrative officer Brent Williams doesn’t anticipate any changes occurring, unless the provincial government amends the Highway Traffic Safety Act which currently outlaws such vehicles on roadways.
“If they (the provincial government) change the rules, we’ll apply the rules differently,” Williams said during an interview.
He noted the Town of Olds has asked for “clarity” from the provincial government on the law, noting there are various kinds mobility aids.
“I think the story is that no one wants to disadvantage people who already have mobility issues, it’s just there’s rules in place, and they’re not our rules, but we enforce them,” Williams said.
He hinted the municipality might be willing to institute some kind of pilot project if Alberta Transportation would allow that, but he’s heard they may not allow it.
The issue first came to light in late June when Olds resident Jennifer Clarke, who has cerebral palsy and other conditions, told news media that while she was parked on her enclosed mobility scooter, a bylaw officer came up and warned her that if he caught her out in town with it again, she could face a fine.
“It's been really upsetting,” she said during an interview with the Albertan.
Clarke said she had driven a scooter for six years with no problem until receiving that warning this spring.
In fact, she said a few years ago, a former bylaw officer gave her a positive message when he saw her on her scooter.
“He said ‘good for you, keep doing what you're doing,’” she said. “He said other people need this independence, like people with disabilities or senior citizens.”
Robert Fisher bought a Gio enclosed medical scooter recently because he’s had mobility issues since suffering a work-related injury four years ago.
“I thought ‘this is the way to go,’” he said. “It gives me a little independence, helps me along.”
Fisher said he too was told he’d be fined if he kept driving it.
“You can't drive them on the road because they're not deemed to be licensable or insurable, per se, for public road operation,” Olds RCMP commanding officer Staff Sgt. Warren Wright told town council during a discussion on the matter.
“Alberta Transportation was going to look into it. That’s the last I heard from them,” Fisher said Wednesday.
Clarke said protective services director Justin Andrew is the only person who responded to her emails about the matter.
Both Clarke and Fisher say they’ve tried to drive on sidewalks or pathways, as has been suggested by town officials but they say the sidewalks are impassable or too rough in areas.
They said they were told they could drive their scooters on private property, but that’s of little help when they need to do things like go buy groceries.
They also that note that other people in town drive motorized scooters too so they feel it’s unfair for them to be singled out.
Clarke said she has filed a human rights complaint regarding the issue but has not heard of any progress on that file.
Fisher’s sister Linda Brandson wrote an email to Town of Olds Mayor Judy Dahl on behalf of her brother and his plight.
“Are all electric scooters, wheelchairs, etc. under this same law,” she asked. “These scooters are sold all around Alberta, so there must be provisions for them in other towns.”
Brandson received an emailed reply from Town of Olds' legislative clerk, Marcie McMillan.
“Currently Alberta’s municipalities do not have the authority to create their own bylaws for the operation of and regulation of e-scooters on sidewalks and roadways,” McKinnon wrote.
“The jurisdiction over what types of vehicles are permitted on roadways, cycle tracks and sidewalks lies with the government of Alberta through Alberta Transportation and the Traffic Safety Act.
“Our community peace officer provided you with accurate information. It is true that there are other e-scooters in town, and all e-scooter users are subject to the same legal consequences.
“According to provincial law, motorized scooters (both electric and gas-powered) are classified as prohibited miniature vehicles.”
Brandson also received an email on the matter from the office of Transportation and Economic Corridors (TEC) Minister Devin Dreeshen.
“A mobility aid user is, by definition, considered a pedestrian, so all the rules that apply to pedestrians also apply to individuals operating a mobility aid,” the email said in part.
“There is no set criteria for how many elements of a motor vehicle can be added before the device stops being considered a mobility aid.
“TEC is aware of the other jurisdictions’ rules and regulations around mobility aids. The department will keep your comments on file for the next time this legislation is reviewed.”
Clarke said she has driven her scooter a couple of times – on sidewalks and paths – since the controversy erupted in order to get groceries, but it’s tough on her, due to her conditions.
Fisher said he’s depended on his two sisters and a niece for help to get around.
Clarke and Fisher said they contacted Olds-Didsbury-Three Hills MLA Nathan Cooper’s office for help to resolve the issue.
Clarke said she never received a reply from him. Fisher said employees in Cooper’s office told him he was out of town at the time but had arranged a meeting on the matter with town officials.
The Albertan reached out to Cooper via text for comment but had not heard from him by press time.
Fisher, 76, is skeptical he’ll receive any help on the matter from government at any level.
“I call that senior abuse,” he said. “I’ll be dead by the time the government does anything.”
