PRINTER'S NO. 2954
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2218
Session of
2024
INTRODUCED BY KINKEAD, ABNEY, McANDREW, PISCIOTTANO, BURGOS,
HOHENSTEIN, KINSEY, CEPEDA-FREYTIZ, MAYES, SANCHEZ, HILL-
EVANS AND KENYATTA, APRIL 16, 2024
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 16, 2024
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in special vehicles and pedestrians, providing for
shared electric low-speed scooters; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 35 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER B.1
SHARED ELECTRIC LOW-SPEED SCOOTERS
Sec.
3531. Definitions.
3532. Oversight.
3533. Shared electric low-speed scooter program.
3534. Insurance.
3535. Safety issues.
3536. Enforcement.
3537. Police powers.
3538. Reports.
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3539. Applicability and construction.
§ 3531. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abandoned shared electric low-speed scooter." A shared
electric low-speed scooter that meets all of the following:
(1) The user of the shared electric low-speed scooter is
not visible to an individual making an initial report on a
hotline that the shared electric low-speed scooter is
abandoned.
(2) The shared electric low-speed scooter is illegally
parked on a highway or is on property on which the shared
electric low-speed scooter is prohibited to be used or kept
as provided under this subchapter or an applicable municipal
ordinance or executive order.
"Authorized municipality." Any of the following:
(1) A city of the second class.
(2) A city of the second class A.
(3) A city of the third class.
"Commercial electric low-speed-scooter-sharing enterprise."
A person that makes electric low-speed scooters available for
rent to the public for use as determined by an authorized
municipality.
"Electric low-speed scooter." As follows:
(1) A device weighing less than 100 pounds that:
(i) Has two or three wheels.
(ii) Has handlebars and an electric motor.
(iii) Has a floorboard which can be stood upon while
riding or a seat which can be sat upon while riding.
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(iv) Is solely powered by an electric motor or human
power, or both.
(v) Has a maximum top speed of 20 miles per hour.
(2) The term includes a shared mobility system with an
electric low-speed scooter if the shared mobility system
meets the requirements under paragraph (1).
(3) The term does not include:
(i) A pedalcycle with electric assist.
(ii) An electric personal assistive mobility device.
(iii) A motorcycle.
(iv) A motorized pedalcycle.
(v) A motor-driven cycle.
"Hotline." A complaint hotline established under section
3533(b)(2) (relating to shared electric low-speed scooter
program).
"Program." A shared electric low-speed scooter program
authorized under section 3533(a).
§ 3532. Oversight.
The department shall be the primary Commonwealth agency
responsible for the oversight of:
(1) Shared electric low-speed scooters operating in this
Commonwealth.
(2) Programs established by authorized municipalities.
(3) The adoption of required ordinances, any amendment
to the required ordinances and any subsequent policy
developed by authorized municipalities, to ensure compliance
with this subchapter.
§ 3533. Shared electric low-speed scooter program.
(a) Authorization.--An authorized municipality may establish
a shared electric low-speed scooter program with a commercial
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electric low-speed-scooter-sharing enterprise within the
boundaries of the authorized municipality in accordance with
this subchapter.
(b) Ordinance.--To establish a program, an authorized
municipality must first adopt an ordinance, which must include:
(1) The following policies:
(i) An individual operating a shared electric low-
speed scooter authorized under a program shall be granted
all of the rights and shall be subject to all of the
duties applicable to the operator of a pedalcycle under
Subchapter A (relating to operation of pedalcycles).
(ii) A shared electric low-speed scooter may operate
on a highway, a pedalcycle lane on a highway or a
pedalcycle path owned by the Commonwealth or authorized
municipality and within the boundaries of an authorized
municipality.
(iii) Subject to subparagraph (iv)(C), an individual
may not operate a shared electric low-speed scooter on a
sidewalk unless the shared electric low-speed scooter is
upright and appropriately docked in a designated parking
area as determined by the authorized municipality.
(iv) An individual may not operate a shared electric
low-speed scooter on any of the following:
(A) A freeway.
(B) A highway with a posted speed limit of 35
miles per hour or greater.
(C) A sidewalk in a business district.
(v) An individual who is under 16 years of age may
not operate a shared electric low-speed scooter.
(vi) An individual may not operate a shared electric
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low-speed scooter at a speed greater than 15 miles per
hour.
(vii) When operated between sunset and sunrise, a
shared electric low-speed scooter shall be equipped with:
(A) A lamp on the front which emits a beam of
white light intended to illuminate the shared
electric low-speed scooter's path and is visible from
a distance of at least 500 feet in front.
(B) A red lamp facing to the rear which is
visible at least 500 feet to the rear.
(C) A reflector on each side.
(viii) A commercial electric low-speed-scooter-
sharing enterprise shall provide information on customer
support service for approval by the authorized
municipality.
(2) The establishment of a complaint hotline. The
following apply:
(i) The hotline shall be used to report:
(A) Abandoned shared electric low-speed
scooters.
(B) Violations of this subchapter or the
ordinance.
(ii) The hotline telephone number shall be displayed
on each shared electric low-speed scooter.
(iii) The hotline may be through an existing
municipal response center operated by the authorized
municipality.
(3) The establishment of requirements addressing:
(i) Geofencing.
(ii) Rider limits.
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(iii) Fleet size.
(iv) Vehicle maintenance information.
(v) Strategies to reduce negative interactions
between shared electric low-speed scooter riders and
pedestrians.
(vi) Parking and charging station installation and
maintenance.
(vii) Data management and reporting.
(viii) Education, public awareness and public
participation plans.
(ix) Fare structure.
(c) Amendments and policy changes.--Notwithstanding any
other provision of law, an authorized municipality may amend the
ordinance adopted under subsection (b) or adopt a subsequent
policy change consistent with this subchapter to improve the
operations of the program or further protect public safety.
(d) Notice.--Each authorized municipality adopting an
ordinance in accordance with subsection (b) or an amendment or
policy change in accordance with subsection (c) shall notify the
department of the adoption of the ordinance, amendment or policy
change.
§ 3534. Insurance.
(a) Requirement.--A commercial electric low-speed-scooter-
sharing enterprise operating in an authorized municipality shall
provide to the authorized municipality proof of insurance
coverage as required under this section.
(b) Coverage amounts.--A commercial electric low-speed-
scooter-sharing enterprise shall maintain insurance coverage at
the following levels:
(1) Commercial general liability insurance coverage with
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a limit of at least $2,000,000 for each occurrence and at
least $2,000,000 in the aggregate.
(2) Automobile insurance coverage with a limit of at
least $1,000,000 for each occurrence and at least $1,000,000
in the aggregate.
(3) If the commercial electric low-speed-scooter-sharing
enterprise employs an individual, workers' compensation
coverage of not less than required by Federal or State law.
§ 3535. Safety issues.
If a program includes the use of a highway owned or under the
jurisdiction of the department, the department may restrict
access, permanently or temporarily, to a segment of the highway
under the program if the department identifies a pattern of
safety issues that cannot be reasonably corrected. The following
apply:
(1) The department shall establish a process to evaluate
the safety issue, which shall be limited to the evaluation of
accidents and damage to property on the highway.
(2) The department shall establish a process to
communicate the safety issue and consult with an authorized
municipality and commercial electric low-speed-scooter-
sharing enterprise prior to restricting access.
§ 3536. Enforcement.
(a) Penalties.--In addition to any fines or penalties
relating to a pedalcycle under Subchapter A (relating to
operation of pedalcycles), an authorized municipality may impose
one or more of the following:
(1) A fine for the failure to operate a shared electric
low-speed scooter consistent with this subchapter, not to
exceed $50.
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(2) A fine for the failure to park a shared electric
low-speed scooter consistent with this subchapter, not to
exceed $150.
(3) A fine on a commercial electric low-speed-scooter-
sharing enterprise for each abandoned shared electric low-
speed scooter that is not collected and returned to a corral
or storage within three hours of the abandonment of the
shared electric low-speed scooter, not to exceed $150 per
day.
(4) A civil penalty on a commercial electric low-speed-
scooter-sharing enterprise that does not provide the
insurance required under section 3534 (relating to
insurance), not to exceed $1,000 for each day that the
commercial electric low-speed-scooter-sharing enterprise is
operated without the required insurance. The civil penalty
collected under this paragraph by the authorized municipality
shall be used for the safety, operation and management of
shared electric low-speed scooters or pedalcycles.
§ 3537. Police powers.
(a) Presumption.--For the purposes of this subchapter, it
shall be presumed to be a reasonable exercise of police power to
regulate and enforce the use of shared electric low-speed
scooters consistent with this subchapter and the regulation of
pedalcycles, as applicable.
(b) Construction.--Nothing in this subchapter shall be
construed to prevent the department on a State-designated
highway or a local authority on a local-designated highway from
the reasonable exercise of the police powers of the department
or local authority in accordance with section 6109 (relating to
specific powers of department and local authorities).
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§ 3538. Reports.
(a) Requirement.--Each authorized municipality that has
established a program, in coordination with the department,
shall prepare an annual report on the deployment of electric
low-speed scooters under the program.
(b) Contents.--Each report under this section shall include
the following:
(1) The number of rides.
(2) The number of accidents.
(3) The frequency of use.
(4) Any ordinance, regulation or policy adopted in
accordance with this subchapter.
(c) Submittal.--Each report under this section shall be
submitted to:
(1) The chairperson and minority chairperson of the
Transportation Committee of the Senate.
(2) The chairperson and minority chairperson of the
Transportation Committee of the House of Representatives.
(d) Posting.--Each report under this section shall be posted
on the publicly accessible Internet websites of the department
and the authorized municipality.
§ 3539. Applicability and construction.
(a) Title and registration.--Notwithstanding Subchapter A of
Chapter 11 (relating to certificate of title) or Subchapter A of
Chapter 13 (relating to general provisions), a shared electric
low-speed scooter authorized under this subchapter shall not be
required to comply with certificate of title or vehicle
registration requirements under this title.
(b) Motor vehicles.--Notwithstanding any other provision of
law, an electric low-speed scooter authorized under this
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subchapter shall not be construed as a motor vehicle.
(c) Private ownership.--Nothing in this subchapter shall be
construed to prohibit a person that is not a commercial electric
low-speed-scooter-sharing enterprise from owning or operating an
electric low-speed scooter. The person shall not be subject to
the requirements under this subchapter that apply specifically
to a commercial electric low-speed-scooter-sharing enterprise.
Section 2. This act shall apply as follows:
(1) For an authorized municipality that is a city of the
second class, the provisions of 75 Pa.C.S. Ch. 35 Subch. B.1
shall apply on or after the effective date of this paragraph.
(2) For an authorized municipality that is a city of the
second class A or a city of the third class, the provisions
of 75 Pa.C.S. Ch. 35 Subch. B.1 shall apply on or after the
date that is 60 days after the effective date of this
paragraph.
Section 3. This act shall take effect immediately.
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