Parabase Tech NH

Disability Rights Section

Civil Rights Division

U S Department of Justice

P O Box 1032

Merrifield, VA 22116-1032

                     Subject: CRT Docket No. 2004-DRS01

                     In response to DOJ ANPRM

                     RIN 1190-AA46 and 1190-AA44

I am writing with respect to the ANPRM and Parabasetec’s position regarding accessibility under ADA, safety, economic burden, and to challenge some of
the “facts” presented by the National Golf Car Manufacturers Association on May 18, 2005. We believe it is imperative that the information you are provided
must be accurate, factual and fairly presented. Regardless of the impact of actions proposed by DOJ, all those that comment has a “vested interest”, and
the comments must be evaluated based on accuracy as well as interests. The golf industry and organizations such as NGCMA do have some interests
that they must consider, but that is no excuse for providing misleading or inaccurate information. Our vested interest is that we provide a single rider golf
car that accommodates many people with disabilities and therefore facilitates the enforcement of ADA. We are open to everyone about that interest, but
are also fair and factual.

NGCMA first asks what is an accessible golf car. That is a good question. We believe it is a car that enables a mobility-impaired person to play golf.
There are occasions when a standard golf car is an “accessible” golf car, but there are persons who suffer from paralysis and amputees who cannot use
a standard golf car. The ParaMobile enables that person to enjoy his or her civil right to play golf. Our ParaMobile is a cleared FDA class 2 medical device.

NGCMA expressed safety concerns, and we are also concerned about safety. Many who purport to manufacture a single rider or accessible or adaptive
golf car are simply producing “scooters” equipped with a golf bag holder. Many of these scooters are not designed for the terrain of a golf course, and we
share the concern of NGCMA about safety in that regard. They refer to ANSI/NGCMA standards and say that there is no reliable data to suggest that single
rider golf cars…are safe for the occupant or the golf course. Parabasetec has tested its device against applicable ANSI safety standards pursuant to ANSI
instructions for testing. We tested our vehicle with our seat fully standing or seated. We tested against rollover and other standards, and we passed or
exceeded every applicable standard that are also used by standard golf car manufacturers, including lateral and vertical tests. When we refer to
“applicable” we are referring to tests that apply to our car…i.e., with no foot controls. While NGCMA concerns may apply to some of the scooter
manufacturers, they are unfounded with regard to our vehicle. The center of gravity of our car is lower than standard golf cars, and that plus the distribution
of weight of our car makes our car the safest golf car on the market. Clearly, in our opinion, we are significantly safer than scooters. Our car was designed
with safety in mind, as a golf car, for use on golf courses by disabled golfers and by able-bodied golfers as well. NGCMA allegations about safety, while
perhaps true for some vehicles, do not apply to the ParaMobile. When a golf car falls within the ANSI guidelines and is properly operated, that golf car is
considered safe. ParaMobile is a safe car when properly operated.

In most instances, the golf car is as safe as the operator who uses it. An operator of a golf car can be crushed by any golf car if they operate in an unsafe
and reckless manner. There are numerous cases of serious injury and even death in the operation of standard golf cars…we have no report of such injury
or death with our car.

Golf course operators have expressed concern in the past that “one-person cars [i] tip over easily on steep terrain and [ii] are too heavy for green use”
according to NGCMA. We have heard those concerns by golf course operators, expressed about scooters. Some operators have actually stopped renting
scooters because of “incidents” which were, in fact, rollovers on terrain for which the scooter was not designed. Parabasetec has no report of its car ever
tipping over. NGCMA suggest “independent” verification of safety. The ANSI standards do not call for such verification.

It is imperative that DOJ be specific in the design characteristics of true single rider golf cars. These vehicles should be golf cars and they should pass
the applicable ANSI safety standard tests and even better be FDA cleared as medical devices. DOJ provided reasonable design specifications in its
Indianapolis settlement concerning adaptive golf cars. PareMobile is not a “reckless risk” for golf course operators as NGCMA suggests. This
organization also refers to sun protection. Golf course owners and operators make the decision as to whether or not they provide sun protection with
canopies.

NGCMA refers to “lack of need”. That refers to demand and is irrelevant as the law is about discrimination, not demand. The reference to lack of need is
apparently based on a failure to investigate the issue. There are estimates of 100,000 to one million people who have need for an adaptive or accessible
golf car. Golf courses have not had demand because most people who have a need know golf courses cannot accommodate them today. Many have
been unaware of the technology provided by Parabasetec, but that is changing rapidly as evidenced by calls we receive daily from disabled golfers. In this
section of their response and in other sections, NGCMA persistently uses the phrase, “personal assistive devices”. We believe this is a deliberate attempt
to suggest that single rider golf cars and ParaMobile in particular is a personal assistive device. It is!!! The ADA and regulations, of course, do not require a
business such as a golf course to provide such devices.

NGCMA provided inaccurate and inadequate and misleading information about costs and economic burden. They refer to “golf cars for the disabled” in a
generic sense, but imply that our car is economic “dead weight” at a cost of as much as $26,000. They imply that possibly three cars would be necessary
to have two operable cars. Based on our experience, we disagree with that suggestion and see no need for a “standby” car. The economics of single
rider golf cars are determined by several factors including price and revenue. The ParaMobile is generally priced at about $25,000 depending on options.
The car can be leased for as little as $450 per month. Most golf cars are leased. The second important factor in economics is how often the car is utilized
by golf course customers to generate revenue. If the car is acquired and parked waiting for a disabled golfer, it does not generate revenue. As demand
from disabled golfers increases with golf course compliance, use of the single rider golf car by disabled golfers will increase. If the car is in use when a
disabled person requests it, the course simply can replace the single rider car being used with a standard car and bring the single rider back to the
disabled person. It is a simple process. The ParaMobile will cost the typical golf course about three pennies per $5 of total golf course revenue
annually…hardly an economic burden. NGCMA simply did not present a fair and accurate picture of economic value. We must assume they simply didn’t
understand. They try to define “moderately priced” in relation to use and in relation to standard fleet cars which are bought or leased in large numbers.
The definition or comparison is inappropriate. The information noted above, we believe, dispels the undue burden defense, particularly in view of
discretionary expenditures at golf courses.

In the economic section of their comments, they also made the statement that…”it is well known that disabled golfers are a very small and diminishing
percentage of the golfing population”. We disagree with that statement and challenge NGCMA to substantiate that claim with facts. Beyond that, it is the
civil right of a disabled person to have access to public facilities regardless of their number. ADA is about discrimination. NGCMA goes on to say that the
market place should determine whether a golf course should purchase specially adaptive golf cars. Golf courses are public access facilities, and under
the law [ADA], they must accommodate disabled golfers or be in violation of the law. Public access golf courses are required to, and generally do, provide
accessible parking and accessible restrooms. Golf courses, per se, are part of the public facility and subject to the law.

Finally, in this section NGCMA again refers to turf impact and implies there is no definitive study to support use of single rider golf cars on tees and
greens. While this has already been addressed by the U S Access Board and DOJ, it is also important to point out that there has been study. The USGA
commissioned an academic study in 1995. This study, done in partnership with the Association of Disabled American Golfers and Rutgers University, is
titled Assessment of Testing Methods for Establishing Golf Course Accessibility and is available in print through the USGA Resource Center. This study
found that mobility ‘devices’, provided they are used correctly, do not cause significant damage, even to greens. There have been published articles in
several industry magazines including TURF that also support the idea of no significant turf damage by these vehicles. In order to be able to be excluded
from a facility it must be proven that the device causes permanent damage and irrevocable harm.

NGCMA seemed most concerned with safety in their letter and Parabasetec is as well. As we have noted, we have taken applicable FDA clearance tests
and been cleared as a class two medical device passing and exceeding all of them. We encourage DOJ to require all producers of single rider golf cars
to take and document these tests, which are, stipulated in Part III of the ANSI standards. As NGCMA says in ANSI/NGCMA A130.1-1999, “experience has
shown that golf cars that comply with the provisions stated in Part III of this standard are safe when properly operated in accordance with the safety and
operation warnings affixed to every golf car…”

                                                                             Sincerely,

                                                                               John Hikel
                                                                               Master Dealer USA
                                                                               Parabase Tech NH LLC/
                                                                              Uptown Auto LLC
                                                                              578 Mast Road
                                                                             Manchester, NH 03102
                                                                             Cell 603-860-7891
                                                                             Fax 603-606-4996