Motorized Wheelchairs
Question
David asked: Do Florida Statutes address motorized wheelchairs or scooters used by the elderly and disabled?
Answer
I thought that was too easy. I have deleted the previous information. The information I had posted was in reference to the devices we commonly refer to as Segways, one of the manufacturers.
FS 316.003- Definitions
(83) Electric Personal Assistive Mobility Device – Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Electric personal assistive mobility devices are not vehicles as defined in this section.
That is why I usually restrict my comments to things that I believe I know something about. Obviously, this isn’t one of them, but I will list the little that I have been able to find. If you know more, please provide the background and documentation.
The term “motorized scooter” seems to apply to miniature motorcycles, and not what we are discussing here.
FS 316.2128 - Operation of Motorized Scooters and Miniature Motorcycles; Requirements for Sales
(1) A person who engages in the business of, serves in the capacity of, or acts as a commercial seller of motorized scooters or miniature motorcycles ….
Motorized wheelchairs are vehicles.
FS 316.003 – Definitions
(75) Vehicle – Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway ….
Lacking a prohibition, they are therefore allowed to use the roadways.
They are not “motorized disability access vehicles”, as they are not gas powered.
FS 316.003 – Definitions
(34) ”Motorized disability access vehicle” means a vehicle designed primarily for handicapped individuals with normal upper body abilities and designed to be fueled by gasoline ….
Are they “motor vehicles”? We get a little help from a chapter unrelated to traffic, that dealing with drivers’ licenses, which indicates they are not.
FS 322.01 – Definitions
(27) ”Motor vehicle” means any self-propelled vehicle …. excluding vehicles moved solely by human power, motorized wheelchairs, and motorized bicycles ….
Another tidbit comes from another statute that is unrelated to traffic, and defines “assistive technology devices”.
Title XXX Social Welfare
Chapter 427 – Special Transportation and Communications Services
427.802 – Definitions – As used in this part:
(1) ”Assistive technology devices” means manual wheelchairs, motorized wheelchairs, motorized scooters …. for use by a person with a disability.
Regarding the use of motorized wheelchairs on sidewalks, it would appear that they are technically prohibited according to the traffic statutes.
FS 316.1995 - Driving Upon Sidewalk or Bicycle Path
No person shall drive any vehicle other than by human power upon a bicycle path, sidewalk ….
I am certain the intent of the statutes is not to prohibit motorized wheelchairs from sidewalks, but I can’t prove it. My guess is that there is other information I have not been able to find. If anyone has more information, please let us know.
One other item of interest is that persons in wheelchairs are described as pedestrians.
316.1303 Traffic Regulations to Assist Mobility-impaired Persons
Whenever a pedestrian is in the process of crossing a public street or highway and the pedestrian is mobility-impaired (using …. a wheelchair) …. shall bring his or her vehicle to a full stop ….
There is no indication whether or not this includes motorized wheelchairs.
Also, FS 316.130 – Pedestrians, does not mention wheelchairs, and the definition in the traffic statutes of pedestrian is “a person afoot”.
So where does that leave us? Confused? At least I am. I’m going to stick to bicycles in the future.
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
Office of Communications
Florida Highway Patrol
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)