PRIOR PRINTER'S NOS. 1133, 1376
PRINTER'S NO. 1765
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
892
Session of
2021
INTRODUCED BY LAUGHLIN, TARTAGLIONE, MENSCH AND STEFANO,
OCTOBER 6, 2021
AS AMENDED ON SECOND CONSIDERATION, JUNE 14, 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
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 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
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the department of any ordinance under this subsection.
(b) Micro-mobility pilot project.-- 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.
(A) AUTHORIZATION.--A CITY OF THE SECOND CLASS A OR CITY OF
THE THIRD CLASS MAY AUTHORIZE AN ELECTRIC LOW-SPEED SCOOTER
PILOT PROGRAM WITHIN THE BOUNDARIES OF THE CITY OF THE SECOND
CLASS A OR CITY OF THE THIRD CLASS. IN ORDER TO AUTHORIZE THE
PILOT PROGRAM UNDER THIS SUBSECTION, A CITY OF THE SECOND CLASS
A OR CITY OF THE THIRD CLASS SHALL ADOPT AN ORDINANCE TO
IMPLEMENT THE PILOT PROGRAM. UPON ADOPTING AN ORDINANCE TO
IMPLEMENT THE PILOT PROGRAM, THE CITY OF THE SECOND CLASS A OR
CITY OF THE THIRD CLASS SHALL NOTIFY THE DEPARTMENT.
(c) (B) 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. AN ELECTRIC LOW-SPEED
SCOOTER MAY ONLY BE OPERATED IN A CITY OF THE SECOND CLASS A OR
CITY OF THE THIRD CLASS WHERE A LIMITED FLEET OF ELECTRIC LOW-
SPEED SCOOTERS ARE PROVIDED BY A COMMERCIAL ELECTRIC SCOOTER
ENTERPRISE AS DETERMINED BY THE CITY OF THE SECOND CLASS A OR
CITY OF THE THIRD CLASS. AN ELECTRIC LOW-SPEED SCOOTER MAY ONLY
BE OPERATED ON A PEDALCYCLE LANE ON A ROADWAY OR A PEDALCYCLE
PATH WITHIN THE BOUNDARIES OF A CITY OF THE SECOND CLASS A OR
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CITY OF THE THIRD CLASS. A CITY OF THE SECOND CLASS A OR CITY OF
THE THIRD CLASS, IN CONSULTATION WITH THE PROPERTY OWNER, MAY
ADOPT AN ORDINANCE TO AUTHORIZE THE OPERATION OF AN ELECTRIC
LOW-SPEED SCOOTER IN ANY OTHER LOCATION NOT SPECIFIED IN THIS
SUBSECTION WITHIN THE BOUNDARIES OF THE CITY OF THE SECOND CLASS
A OR CITY OF THE THIRD CLASS.
(d) (C) Age requirement.--The following shall apply:
(1) No individual under 16 18 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) (D) 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) (E) 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) (F) 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
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hour or more.
(h) (G) 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 . UNDER SECTION 6109 (RELATING TO SPECIFIC POWERS
OF DEPARTMENT AND LOCAL AUTHORITIES).
(H) SAFETY ISSUES.--WHEN A PILOT PROGRAM INCLUDES THE USE OF
A HIGHWAY OWNED OR UNDER THE JURISDICTION OF THE DEPARTMENT, THE
DEPARTMENT MAY RESTRICT ACCESS, PERMANENTLY OR TEMPORARILY, TO
THE HIGHWAY FOR THE PILOT PROGRAM WHEN A SAFETY ISSUE HAS BEEN
IDENTIFIED BY THE DEPARTMENT THAT CANNOT BE REASONABLY
CORRECTED. THE DEPARTMENT SHALL ESTABLISH A PROCESS TO EVALUATE
A SAFETY ISSUE UNDER THIS SUBSECTION, INCLUDING THE EVALUATION
OF DAMAGE TO PROPERTY ON THE HIGHWAY OWNED OR UNDER THE
JURISDICTION OF THE DEPARTMENT. THE DEPARTMENT SHALL ALSO
ESTABLISH A MECHANISM TO COMMUNICATE A SAFETY ISSUE UNDER THIS
SUBSECTION TO THE LOCAL AUTHORITY AND COMMERCIAL ELECTRIC
SCOOTER ENTERPRISE PRIOR TO RESTRICTING ACCESS, PERMANENTLY OR
TEMPORARILY, TO THE HIGHWAY OWNED OR UNDER THE JURISDICTION OF
THE DEPARTMENT FOR THE PILOT PROGRAM.
(i) Ordinances, policies and regulations.--Notwithstanding
any other provision of law, a city of the second class A and OR
CITY OF THE third class shall adopt an ordinance, regulation or
policy for the safety, operation and management of electric low-
speed scooters . , WHICH MAY INCLUDE , BUT NOT BE LIMITED TO,
APPROVED AND RESTRICTED DEPLOYMENT LOCATIONS, APPROVED AND
RESTRICTED PARKING LOCATIONS, DATA SHARING AND REPORTING AND
EDUCATION AND AWARENESS. A city of the second class A and OR
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CITY OF THE 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 WITHIN SIX MONTHS AFTER AUTHORIZING A PILOT
PROGRAM, A city of the second class A and OR CITY OF THE third
class , in coordination with the department, shall prepare AN
INTERIM REPORT EVALUATING THE DEPLOYMENT OF ELECTRIC LOW-SPEED
SCOOTERS UNDER THE PILOT PROGRAM. THE CITY OF THE SECOND CLASS A
OR CITY OF THE THIRD CLASS, IN COORDINATION WITH THE DEPARTMENT,
SHALL ALSO PREPARE a report on the micro-mobility pilot program
60 days prior to the expiration of the micro- mobility pilot
program. The report REPORTS 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
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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 A
and OR CITY OF THE 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
class A and OR CITY OF THE third class to satisfy the
requirements of this subsection.
(3) In addition to any fines that may be imposed, the
city of the second class A and OR CITY OF THE 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
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commercial electric scooter enterprise is operated without
providing the required insurance. A civil penalty collected
under this paragraph by the city of the second class A and OR
CITY OF THE 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 class A and
OR CITY OF THE 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.
"PILOT PROGRAM." AN ELECTRIC LOW-SPEED SCOOTER PILOT PROGRAM
AUTHORIZED BY A CITY OF THE SECOND CLASS A OR CITY OF THE THIRD
CLASS.
Section 2. This act shall take effect immediately.
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