Regular Session 2021-2022 Senate Bill 0892 P.N. 1376

PRIOR PRINTER'S NO. 1133

PRINTER'S NO. 1376

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

892

Session of

2021

INTRODUCED BY LAUGHLIN, TARTAGLIONE, MENSCH AND STEFANO,

OCTOBER 6, 2021

SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, FEBRUARY 7, 2022

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:

§ 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 or

third class, borough or township where an executive order has

been issued SECOND CLASS A AND THIRD CLASS WHERE AN ORDINANCE

HAS BEEN ENACTED 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 of the second or third

class, borough or township may be authorized by executive order

<--

SECOND CLASS A AND THIRD CLASS MAY BE AUTHORIZED BY AN

ORDINANCE , in consultation with the property owner. A CITY OF

THE SECOND CLASS A AND THIRD CLASS SHALL NOTIFY THE DEPARTMENT

OF ANY ORDINANCE UNDER THIS SUBSECTION.

(b) Micro-mobility pilot project.-- An executive order may be

issued in a city of the second or third class, borough or

township which authorizes the use of electric low-speed scooters

under a micro-mobility pilot project to commence in the city of

the second or third class, borough or township and which

provides a limited fleet of electric low-speed scooters , as

determined by the city of the second or third class, borough or

township, within the boundaries of the city of the second or

third class, borough or township. A CITY OF THE SECOND CLASS A

AND THIRD CLASS SHALL ENACT AN ORDINANCE WHICH AUTHORIZES THE

USE OF ELECTRIC LOW-SPEED SCOOTERS UNDER A MICRO-MOBILITY PILOT

PROJECT TO COMMENCE IN THE CITY OF THE SECOND CLASS A AND THIRD

CLASS AND WHICH PROVIDES A LIMITED FLEET OF ELECTRIC LOW-SPEED

SCOOTERS, AS DETERMINED BY THE CITY OF THE SECOND CLASS A AND

THIRD CLASS WITHIN THE BOUNDARIES OF THE CITY OF THE SECOND

CLASS A AND THIRD CLASS.

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

20210SB0892PN1376 - 2 -

<--

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 which is

visible from a distance of at least 300 feet in front, a red

reflector 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 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 or third class,

borough or township may SECOND CLASS A AND THIRD CLASS SHALL

adopt an ordinance, regulation or policy for the safety,

20210SB0892PN1376 - 3 -

<--

operation and management of electric low-speed scooters. A CITY

OF THE SECOND CLASS A AND THIRD CLASS SHALL NOTIFY THE

DEPARTMENT OF ANY ORDINANCE, POLICY OR REGULATION UNDER THIS

SUBSECTION.

(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

article shall not be construed as a "motor vehicle" as defined

in section 102 (relating to definitions).

(m) Report.--A city of the second or third class, borough or

township SECOND CLASS A AND THIRD 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

20210SB0892PN1376 - 4 -

<--

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 or third

class, borough or township SECOND CLASS A AND THIRD 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

than required by law.

(2) A commercial electric scooter enterprise shall

provide proof of insurance coverage to the city of the second

or third class, borough or township SECOND CLASS A AND THIRD

CLASS to satisfy the requirements of this subsection.

(3) In addition to any fines that may be imposed, the

city of the second or third class, borough or township SECOND

CLASS A AND THIRD CLASS 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

20210SB0892PN1376 - 5 -

<--

insurance. A civil penalty collected under this paragraph by

the city of the second or third class, borough or township

SECOND CLASS A AND THIRD CLASS shall be used for the safety,

operation and management of electric low-speed scooters or

pedalcycles.

(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 or third

class, borough or township SECOND CLASS A AND THIRD 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.

20210SB0892PN1376 - 6 -

<--