PRIOR PRINTER'S NO. 921
PRINTER'S NO. 935
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
783
Session of
2021
INTRODUCED BY LANGERHOLC, COSTA, SAVAL, BREWSTER, FONTANA,
ROBINSON AND STEFANO, JUNE 17, 2021
SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, JUNE 22, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in special vehicles and pedestrians, providing for
electric low-speed scooter pilot program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3515. Electric low-speed scooter pilot program.
(a) Requirement.--An electric low-speed scooter may only be
operated on a pedalcycle lane on a roadway, a roadway or a
pedalcycle path within the boundaries of a city of the second
class where an executive order has been issued authorizing the
operation of electric low-speed scooters under a micro-mobility
pilot project as provided under subsection (b). Other places to
operate an electric low-speed scooter WITHIN THE BOUNDARIES OF
THE CITY may be authorized by executive order, in consultation
with the property owner.
(b) Micro-mobility pilot project.--An executive order may be
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issued in a city of the second class which authorizes the use of
electric low-speed scooters under a micro-mobility pilot project
to commence in the city of the second class and which provides a
limited fleet of electric low-speed scooters , AS DETERMINED BY
THE CITY, within the boundaries of the city of a second class .
(c) Operation.--Unless otherwise specified, every individual
operating an electric low-speed scooter authorized under
subsection (a) shall be granted all of the rights and shall be
subject to all of the duties applicable to the operator of a
pedalcycle under this subchapter.
(d) Age requirement.--The following shall apply:
(1) No individual under 16 years of age may operate an
electric low-speed scooter on a roadway unless permitted by
local ordinance.
(2) No commercial electric scooter enterprise may rent
an electric low-speed scooter to an individual under 16 years
of age.
(e) Speed requirement.--No individual may operate an
electric low-speed scooter on a pedalcycle lane on a highway, a
roadway or a pedalcycle path at a speed greater than 15 miles
per hour.
(f) Lamps and reflectors.--Every electric low-speed scooter
when operated between sunset and sunrise shall be equipped on
the front with a lamp which emits a beam of white light intended
to illuminate the electric low-speed scooter's path and is
visible from a distance of at least 500 feet in front, a red
reflector LAMP facing to the rear which is visible at least 500
feet to the rear and a reflector on each side. A LAMP WORN BY
THE OPERATOR OF THE ELECTRIC LOW-SPEED SCOOTER SHALL COMPLY WITH
THE REQUIREMENTS OF THIS SUBSECTION IF THE LAMP CAN BE SEEN AT
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THE DISTANCES SPECIFIED UNDER THIS SUBSECTION.
(g) Operation prohibited on freeways.--No individual may
operate an electric low-speed scooter on a freeway . OR ON
HIGHWAYS AND STREETS WITH A POSTED SPEED LIMIT OF 35 MILES PER
HOUR OR MORE.
(h) Powers of department and local authorities.--This
section shall not be deemed to prevent the department on State-
designated highways and local authorities on streets or highways
within the local authority's physical boundaries from the
reasonable exercise of the department's or the local authority's
police powers.
(i) Ordinances, policies and regulations.--Notwithstanding
any other provision of law, a city of the second class may adopt
an ordinance, regulation or policy for the safety, operation and
management of electric low-speed scooters. If an electric low-
speed scooter operates on a roadway owned by the department, the
department shall be consulted prior to the adoption of the
ordinance, policy or regulation.
(j) Presumption.--For the purposes of this section, it is
presumed to be a reasonable exercise of police power to regulate
the use of electric low-speed scooters consistent with the
regulation of pedalcycles.
(k) Application.--Notwithstanding Subchapter A of Chapter 11
(relating to certificate of title) or Subchapter A of Chapter 13
(relating to general provisions), electric low-speed scooters
authorized under this section shall not be required to comply
with certificate of title or vehicle registration requirements
under this title.
(l) Construction.--Notwithstanding any other provision of
law to the contrary, an electric low-speed scooter under this
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article shall not be construed as a "motor vehicle" as defined
in section 102 (relating to definitions).
(m) Report.--A city of the second class, in coordination
with the department, shall prepare a report on the micro-
mobility pilot program 60 days prior to the expiration of the
micro-mobility pilot program. The report shall:
(1) Include the number of rides, the number of
accidents, frequency of use, any ordinance, regulation or
policy adopted under subsection (i) and safety , MOBILITY and
economic impacts.
(2) Be submitted to the chairperson and minority
chairperson of the Transportation Committee of the Senate and
the chairperson and minority chairperson of the
Transportation Committee of the House of Representatives.
(n) Expiration.--This section shall expire two years after
the effective date of this section.
(O) FINANCIAL RESPONSIBILITY.--A CITY OF THE SECOND CLASS
SHALL REQUIRE FINANCIAL RESPONSIBILITY FOR A COMMERCIAL ELECTRIC
SCOOTER ENTERPRISE AS FOLLOWS:
(1) A COMMERCIAL ELECTRIC SCOOTER ENTERPRISE SHALL
MAINTAIN THE FOLLOWING INSURANCE THAT IS IN EFFECT FOR THE
DURATION OF THE MICRO-MOBILITY PILOT PROJECT:
(I) COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE
WITH A LIMIT OF AT LEAST $2,000,000 EACH OCCURRENCE AND
$2,000,000 AGGREGATE;
(II) AUTOMOBILE INSURANCE COVERAGE WITH A LIMIT OF
AT LEAST $1,000,000 EACH OCCURRENCE AND $1,000,000
AGGREGATE; AND
(III) WHEN THE SCOOTER-SHARE OPERATOR EMPLOYS AN
INDIVIDUAL, WORKERS' COMPENSATION COVERAGE OF NO LESS
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THAN REQUIRED BY LAW.
(2) A COMMERCIAL ELECTRIC SCOOTER ENTERPRISE SHALL
PROVIDE PROOF OF INSURANCE COVERAGE TO THE CITY TO SATISFY
THE REQUIREMENTS OF THIS SUBSECTION.
(3) IN ADDITION TO ANY FINES THAT MAY BE IMPOSED, THE
CITY MAY IMPOSE A CIVIL PENALTY ON A COMMERCIAL ELECTRIC
SCOOTER ENTERPRISE THAT DOES NOT PROVIDE THE INSURANCE
REQUIRED UNDER THIS SUBSECTION IN AN AMOUNT NOT TO EXCEED
$1,000 PER DAY THE COMMERCIAL ELECTRIC SCOOTER ENTERPRISE IS
OPERATED WITHOUT PROVIDING THE REQUIRED INSURANCE. A CIVIL
PENALTY COLLECTED UNDER THIS PARAGRAPH BY THE CITY SHALL BE
USED FOR THE SAFETY, OPERATION AND MANAGEMENT OF ELECTRIC
LOW-SPEED SCOOTERS OR PEDALCYCLES.
(o) (P) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"COMMERCIAL ELECTRIC SCOOTER ENTERPRISE." A PERSON THAT
MAKES ELECTRIC LOW-SPEED SCOOTERS AVAILABLE FOR RENT TO THE
PUBLIC FOR USE AS DETERMINED BY A CITY OF THE SECOND CLASS.
"Electric low-speed scooter." As follows:
(1) A device weighing less than 100 pounds that:
(i) has handlebars and an electric motor;
(ii) has a floorboard which can be stood upon while
riding; and
(iii) is solely powered by the electric motor or
human power, or both.
(2) The term does not include a pedalcycle with electric
assist, an electric personal assistive mobility device, a
motorcycle, a motorized pedalcycle or a motor-driven cycle.
Section 2. This act shall take effect immediately.
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