Disabled peddlers can petition the Director, in writing, for an exemption from the prohibition against the use of carts, dollies, wagons, or any other wheeled devices. The petitioner must prove:
- The petitioner's qualification under Title II of the Americans with Disabilities Act, by a written letter from a licensed physician attesting that the petitioner has a physical or mental impairment that substantially limits one or more major life activities.
- The petitioner's need for the specific accommodation requested.
Upon verification that the petitioner has established both above prerequisites, the Director may grant an exemption that allows only the following:
- The disabled peddler can use one cart, dolly, wagon, or other wheeled device; and
- The disabled peddler can only carry the quantity of goods and/or merchandise that the peddler reasonably would be able to carry on the peddler's person, but for the disability.
All petitions must include:
- A photograph of the proposed cart, dolly, wagon, or wheeled device.
- A written description of the size and dimensions of the proposed wheeled device.
- A written explanation of the intended manner and method of its use.
In deciding whether to grant the petition, the Director can consider whether the proposed cart, dolly, or wheeled device might have a negative impact upon public health, welfare, or safety. Or whether the proposed cart, dolly, or wheeled device might block or interfere with the public's use of the right-of-way. The Director may seek the advice and consent of the Department of Transportation and Infrastructure in deciding whether to grant the petition, to deny the petition, or to grant the petition with written limitations upon the manner, method, or location of the proposed device's use.