E-Bikes legal?

Question

Sean asked:  I was gifted a e-scooter and haven’t been able to ride because I’m unfamiliar with the rules and whatnot. I was told that they’re banned. Is this true?

Answer

The following are the applicable laws which permit the use of motorized scooters on roadways but not sidewalks and bike paths unless a local ordinance is in effect.

s. 316.2128 – Micromobility Devices, Motorized Scooters, and Miniature Motorcycles; requirements.

(1) The operator of a motorized scooter or micromobility device has all of the rights and duties applicable to the rider of a bicycle under s. 316.2065, except the duties imposed by s. 316.2065(2), (3)(b), and (3)(c), which by their nature do not apply. However, this section may not be construed to prevent a local government, through the exercise of its powers under s. 316.008, from adopting an ordinance governing the operation of micromobility devices and motorized scooters on streets, highways, sidewalks, and sidewalk areas under the local government’s jurisdiction.

s. 316.003 – Definitions

(45) Motorized Scooter – Any vehicle or micromobility device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground.

(38) Micromobility Device – Any motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips and which is not capable of traveling at a speed greater than 20 miles per hour on level ground. This term includes motorized scooters and bicycles as defined in this chapter.

s. 316.1995 – Driving upon Sidewalk or Bicycle Path

(1) Except as provided in s. 316.008, s. 316.212(8), or s. 316.2128, a person may not drive any vehicle other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon a permanent or duly authorized temporary driveway.

However, since you specifically asked about Hollywood, FL, you should check the local ordinances which can override the statute per s. 316.008 above. For Hollywood, this ordinance seems to prohibit the use of e-scooters.

Hollywood FL Code of Ordinances

§ 71.27  MOTOR SCOOTERS, MOTORIZED SCOOTERS, AND GO-PEDS PROHIBITED.

   It shall be unlawful for any person to use or operate any motor scooter, motorized scooter, or go-ped on any city street, roadway, sidewalk, or on any other private property where the public has the right to travel by motor vehicle within the city. This prohibition shall include those city-owned streets, roadways, and sidewalks lying within the Port Everglades Jurisdictional Area.

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