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Motorized Wheelchairs on Sidewalks (Updated)

2010 April 27
by Geo

Question

David asked:  Do Florida Statutes address motorized wheelchairs or scooters used by the elderly and disabled?

Answer

When this question was first posed, I asked the FHP and received this response:

My inquiry to the Florida Highway Patrol at FHP@flhsmv.gov elicited this response:

Thank you for your inquiry.  Being that Florida Statute is not clear on this issue, I have requested a Legal Opinion from our Department on this issue.  We will let you know when the decision has been made.

Sgt. Jesse Evans

Since then, HB 971 amended the applicable statute as follows:

s. 316.1995 - Driving Upon Sidewalk or Bicycle Path

(1) No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk ….

(3) This section does not apply to motorized wheelchairs.

Although I have not been able to confirm it, I believe the change was made due to the initiative of the FHP in response to our discussion.

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4 Responses leave one →
  1. fred_dot_u permalink
    April 27, 2010

    Not to stir things up, but I’m amused by the clear contradiction in the statute.

    (a) On a road or street where the posted speed limit is 25 miles per hour or less.

    (c) On any street or road where bicycles are permitted.

    Bicycles are not restricted by speed limits, so PMDs can be ridden just about anywhere.

    No mention is made about keeping as far to the right as practicable, either. Since the Segway is at least as wide as a bicycle, it should be using as much of the roadway, if not more. I suppose it’s to the operator’s disadvantage that they are not entitled to the three-foot passing clearance.

    20 mph is a pretty good clip. I didn’t think those things could go that fast, they sure can’t have much range.

    I’ll stick to a velomobile (or a Focus Designs Self-Balancing Unicycle, which is mostly half of a Segway, anyway)

  2. December 1, 2010

    Does a scooter for handicapped require any licensing or tags ?

  3. December 1, 2010

    Does an electric scooter for handicapped require any licensing or tags in Florida ?

  4. Frank permalink
    December 1, 2010

    Motorized wheelchairs for the disabled have 3 wheels.
    Scooters do not.
    That’s the distinction…
    Scooters require licensing and tags. Motorized wheelchairs do not.
    It’s happened before.
    An elderly man who lost his license, wanted to drive a scooter, so he got his doctor to get him a paper stating that he needed a “mobility scooter”, so that he could try to get away with driving a scooter. Which didn’t work, because he was cited and convicted of driving without a license and driving an unregistered vehicle.

    Why do you ask?

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