The case in summary: Tonje Humberset Lilleås had to resort to a fundraising campaign at Spleis to obtain a wheelchair that gives her the opportunity to frolic in nature. As of today, it is illegal to use this wheelchair outside paths in nature. That may change soon. Nav also grounds the rejection of applications with the fact that this chair is too wide to be a wheelchair. The manufacturer of the wheelchair says that it is a demanding process to get an agreement with Nav. Nav is open to changing the practice when it comes to applications for this wheelchair. Earlier in August, news wrote about Tonje Humberset Lilleås, who has a disability that means she has to use an electric wheelchair to get out into nature. The vehicle costs approximately NOK 200,000. Tonje and her family had to pay for the vehicle themselves. Among other things, the family raised the money for this with the help of a Spleis because it is so important for Tonje to be in nature. She thinks it is unfair that people depend on a good network to acquire the vehicle. As the legislation is today, she breaks the law when she drives the wheelchair outside paths. This law is one of the reasons why Nav has not negotiated the price of the wheelchair today. Motorized transport in the countryside and aids for the disabled In the current legislation, motorized transport in the countryside is basically illegal. A committee was asked to look at the regulations and propose changes to the law. The use and rights of the disabled was one of the topics the committee was asked to look into. At the end of May, the committee presented its proposal. Here the following is proposed: – that the Act should not apply to travel with aids that are designed to compensate for reduced mobility, as long as travel with the aid does not have a significantly greater potential for injury than travel on foot – that the ministry should be able to issue regulations on which aids which fall outside the scope of the law – that the use of all motorized wheelchairs must be permitted on roads and footpaths – that a special permit is established for travel on snow-covered ground and frozen watercourses for persons with permanent impairments that result in a significantly reduced ability to move The proposal for the new law is out for consultation with a deadline of 15 September. Source: The Motor Traffic Committee’s report, NOU 2024:10, New Motor Traffic Act Getting out into nature despite the disability means a lot to Tonje Humberset Lilleås Photo: Anne-Joo Cecilie Naomi Schrøder Lexander / news – Too broad Nav tells news that they have great understanding of the situation of Tonje and others like her, who want to be with their family out in nature. The head of department at Nav Hjelpemidelsentral Innlandet-Elverum, Tor Magne Storbæk, opens up the possibility that Nav may change the application criteria for this vehicle in the future. Photo: Nav But the off-road wheelchair that she has acquired is not price negotiated with Nav. The width of the chair is one of the reasons, in addition to the already mentioned law. This means that the requirements to get the wheelchair approved via Nav are higher, such as that the aid must be necessary for daily tasks The user must have tried other alternatives Nav has an agreement – Some people take out loans The head of the Norwegian Handikapforbund Inlandet, Shaqir Rexhaj, is upset that people have to resort to fundraising to get this type of wheelchair. He says that the disability association regularly receives complaints from people whose applications have been rejected by Nav. – I have also heard that people who have taken out a loan from the bank can finance this vehicle, says Rexhaj. Shakir Rexhaj is leader of the Handikapforbundet in Inlandet. He hopes that both the legislation and Nav will make it possible for more people to use this off-road wheelchair. Photo: Knut Røsrud / news According to Rexhaj, the law on motorized vehicles in outlying areas is used as a justification for refusal from Nav. – Nav has a point regarding this law, but it is a very old one and does not take such challenges into account. Long way to approval The off-road wheelchair has been developed by Exotek. Founder and board member Sigurd Groven tells news that the process for the vehicle to be negotiated is a long one. – The vehicle must also be redesigned to be able to fit into the definition as an electric wheelchair. Both in terms of physical dimensions, braking systems and other things, says Groven. Sigurd Groven in his off-road wheelchair. There is a lot of work that remains before the chair can be negotiated at Nav. Photo: Private He explains that the width of the chair must be under 85 cm since this is the maximum permitted width for electric wheelchairs. – Although I can understand that six centimeters sounds small, it has quite a lot to say for the stability of the vehicle. We would therefore prefer not to make it narrower as this would affect tipping safety and driving characteristics in general, says Groven. – A future regulation for clean outdoor wheelchairs would have been ideal. The wheelchair is not intended to be used indoors, continues the entrepreneur. Open to changing practice Tor Magne Storbæk tells news that it may be appropriate for Nav to make it easier to get the wheelchair Tonje uses approved in the future, but that this depends on several things. – This is a new aid, and we are still awaiting a number of other clarifications from, among others, the Norwegian Road Administration, and do not rule out that practice may change somewhat as these arrive, says Storbæk. At the same time, he specifies an invariable requirement. – What will not be changed is the requirement to first assess and test aids that are in agreement with Nav, and the requirement of necessity, points out Tor Magne Storbæk. Published 15.08.2024, at 17.18
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A change in the law can make a new wheelchair in nature more relevant – it is uncertain whether Nav approves it – news Innlandet – Local news, TV and radio
