Scooters

Question

Arianne asked: If people can’t ride an electric scooter that is only 10 mph on a side walk but can’t ride it on side of road either then how is it allowed that they can even be sold? Some things say you can go downtown with these things and shop. But what bothers me is who buys these things to only be able to drive it in their drive way. The things shouldn’t even be sold in the US if we will be trapped at our house with it after spending hundreds just to have a form of transportation. Where are the laws for little scooter drivers? And pathways for us? There is none my point exactly!

Answer

I believe you are referring to this post.

http://flbikelaw.org/2017/10/motor-scooter-2/

Your statements seem to be true. They are not legal on the roads, bike paths or sidewalks. They can be used on private property.

If you don’t agree with the laws, you should contact the people who wrote the laws, your legislators.

Posted in Ask Geo, Motorized Bicycles
13 comments on “Scooters
  1. fred says:

    It would appear that, in the past, the manufacturer of the Segway, or someone with similar interests, had petitioned the government in an appropriate manner to get passed legislation allowing for use of a specific type of transportation that some may consider a toy or equivalent.

    fs 316.003(21) 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.

    It gets better:
    316.2068 Electric personal assistive mobility devices; regulations.—
    (1) An electric personal assistive mobility device, as defined in s. 316.003, may be operated:
    (a) On a road or street where the posted speed limit is 25 miles per hour or less.
    (b) On a marked bicycle path.
    (c) On any street or road where bicycles are permitted.
    (d) At an intersection, to cross a road or street even if the road or street has a posted speed limit of more than 25 miles per hour.
    (e) On a sidewalk, if the person operating the device yields the right-of-way to pedestrians and gives an audible signal before overtaking and passing a pedestrian.
    (2) A valid driver license is not a prerequisite to operating an electric personal assistive mobility device.
    (3) Electric personal assistive mobility devices need not be registered and insured in accordance with s. 320.02.

    This means that those goofy “hoverboards” are electric personal assistive mobility devices and can be operated on a sidewalk or street. There is more to the statute, including the allowance of local ordinances to prohibit such operation, but I’ve not seen such action (yet).

    Hoverboards, Segways and mini-Segways appear to fall into this category. One can almost be assured that law enforcement officers are unaware of this statutes and would behoove such an operator to carry a copy of this statute or memorize the chapter numbers

  2. Keithmj says:

    Segways are the only one that I know of that is a personal assist device besides an electric wheel chair or scooter. Hoverboards are not assist devices.
    Electric personal assistive mobility devices are power-assisted devices for mobility such as wheelchairs, scooters, and more recent innovations such as the Segway™ Human Transporter. These devices make everyday life easier for someone who is partially or completely immobile.
    Electric scooters without pedals are not allowed on roads, bike paths, sidewalks.

    • fred says:

      I agree that a hoverboard is not generally considered a personal assist device, but based on the wording of the statute, it appears that they qualify. It is a two wheeled (non-tandem wheel) electric transportation device.

  3. Florida’s statutory definition of “electric personal assistive mobility device” is quoted in fred’s reply. Segway™ (and similar products) qualify. Hoverboards would seem to satisfy the definition, except that their “average power” is usually a little less than 750 watts (the dual motors on a typical hoverboard are usually rated for 250-350 watts each, which would output 500-700 watts total power. (Do the model labels on hoverboards even include the power rating?)

    Although we commonly think of wheelchairs and 3- and 4-wheeled mobility scooters as “assistive mobility devices”, they aren’t electric personal assistive mobility devices, inasmuch as they aren’t “two-nontandem-wheeled device[s]”.

    • fred says:

      Your sharp eyes noted something I slipped right over. It does read “with an average power of 750 watts” as opposed to a restriction of no more than 750 watts, which is common in the e-bike restrictions for some states and/or countries.

      Keithmj, I recognize that someone capable of operating a hoverboard is unlikely to be considered disabled or in need of a mobility assist device. My reference is not aimed in that direction.

      I’m pointing out that it’s likely the courts would see something like a hoverboard as meeting the specifications of the statute, horsepower/wattage notwithstanding and dismiss any citations applied to an operator.

  4. Keithmj says:

    These devices make everyday life easier for someone who is partially or completely immobile. People balancing on a Hoverboard don’t need assistants.and they are usually not sold as assist mobility devices. But you never know. Laws are different for people with a disability. Then you have the ADA. https://www.ada.gov/opdmd.htm

  5. Ralph Russo says:

    at,80, long walks to shop-etc( cant drive a car) is getting dificult – what can one do??? – Neighbors aren’t alays available. Inclines tough to bike- etc.

    • Keithmj says:

      Ralph, read my link from the ADA, as long as you have the required info from the doctor you can use just about what you want. Wheelchairs, three wheel scooters, Segways, electric bikes, golf carts can be used. Depending on where you live no one might not ever say anything about what you use. They don’t make it easy for us do they?

      • fred says:

        Only today did I read the entire ADA document. It covers access in business establishments, but does not have any reference to road or sidewalk use. What is interesting about the scope of the document is that no documentation is required and it is a violation to inquire beyond a confirmation from the user that the device assists in providing mobility. That’s a very generic statement, but not all that uncommon in today’s society. The equivalent of having a service dog that is questionable, even though it is unlawful to ask for documentation.

      • Keithmj says:

        No need for ADA to cover outside a business, they have State laws and Federal laws that cover that too, but ADA laws apply everywhere.
        Golf cart for example, if they are not allowed on the sidewalks or roads then why would ADA need to worry about golf carts in a business? They have to get there somehow.
        316.2068 that was posted covers that but ADA rules do not just apply when inside a business.
        The ADA laws are slowly changing to stop those who do not have a disability, if we claim that a dog is a service animal and the person lied they can get fined if they are not. More than likely if we are on a golf cart and get stopped and a disabled permit is shown they will not give any tickets but let them continue. It depends on the laws of the State they are in.

  6. Ralph Russo says:

    at 80 maybe I’m dumb – what/where is ADA- where find info on sidewalk motorscooter(truck?) for Sr. who cant walk toooo far at one time- especially to grocery shop a couple miles away.Also sr. who DONT own a computor -must use Libraies when able.

  7. wayne G says:

    i recently saw a facebook post where a company renting/selling scooters in florida, said that you need not have insurance and registration and a license to enjoy their scooters, I messaged them asking if what they say is true but have to date received no response. I don’t think its legal because the scooters have no pedals.

  8. Bas says:

    Does anyone know if it is illegal to ride an electric scooter with two people? The statute reads “designed to transport only one person”, but what if it is designed for one person, but you ride it with two? I am intending to buy one of those fat tire electric scooters, and adjust the seat, so it can seat two people.

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