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PRIOR PRINTER'S NO. 716
PRINTER'S NO. 739
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
692
Session of
2023
INTRODUCED BY LAUGHLIN, BARTOLOTTA, HAYWOOD, ROTHMAN,
CAPPELLETTI, DUSH, STEFANO, TARTAGLIONE, FONTANA, BREWSTER
AND SAVAL, MAY 5, 2023
SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, MAY 10, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in special vehicles and pedestrians, providing for
electric low-speed scooter 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 program.
(a) Administration.--The department shall be the primary
Commonwealth agency responsible for the oversight of electric
low-speed scooters operating in this Commonwealth.
(b) Authorization.--
(1) A city of the second class or an authorized
municipality may establish an electric low-speed scooter
program with a commercial electric scooter enterprise within
the boundaries of the city of the second class or authorized
municipality in accordance with this section.
(2) In order to establish an electric low-speed scooter
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program UNDER PARAGRAPH (1) , an authorized municipality shall
MUST FIRST adopt an ordinance that complies with this
section, which shall include, at a minimum, all of the
following:
(i) Operating guidance, including permitted areas,
prohibited areas, customer service support, age
requirements, speed requirements, geofencing, rider
limit, fleet size and maintenance, pedestrian
interaction, parking and charging stations.
(ii) Data management and reporting.
(iii) Education, public awareness and public
participation.
(iv) Violations and enforcement.
(v) Fare structure.
(vi) Insurance. THIS SECTION AND THE REQUIREMENTS
UNDER SUBSECTION (J)(1).
(3) The AN ordinance under paragraph (2) may not permit
the establishment of an electric low-speed scooter program
SHALL NOT TAKE EFFECT unless the authorized municipality
submits a copy of the ordinance to the department on a form
specified by the department. THE DEPARTMENT SHALL, WITHIN 45
DAYS OF RECEIPT, REVIEW THE FORM AND CERTIFY THAT THE
ORDINANCE ADOPTED BY THE AUTHORIZED MUNICIPALITY IS
CONSISTENT WITH THIS SECTION. If the form is not reviewed by
the department within 45 days after receipt of the form, the
form shall be considered complete TO BE CONSISTENT WITH THIS
SECTION and the authorized municipality may establish the
program. IF, UPON REVIEWING THE FORM, THE DEPARTMENT
DETERMINES THAT THE ORDINANCE IS NOT CONSISTENT WITH THIS
SECTION, THE DEPARTMENT SHALL NOTIFY THE AUTHORIZED
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MUNICIPALITY OF THE DEFICIENCY AND THE AUTHORIZED
MUNICIPALITY MAY RESUBMIT THE FORM.
(4) Paragraphs (2) and (3) shall not apply to a city of
the second class, which may operate in accordance with the
authorization under Article XVI-Q of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code.
(5) The department shall be immune from suit by an
authorized municipality, a commercial electric scooter
enterprise or a commercial electric scooter enterprise
employee or agent for reviewing a form in any manner under
paragraph (3). The immunity provided under this paragraph
shall include a person who reviews a form under paragraph (3)
on behalf of the department.
(c) Operation requirements.--
(1) An individual operating an electric low-speed
scooter authorized under an electric low-speed scooter 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 this subchapter.
(2) An electric low-speed scooter may only be operated
in a city of the second class or an authorized municipality
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 or authorized
municipality.
(3) An electric low-speed scooter may operate on a
highway, a pedalcycle lane on a highway or a pedalcycle path
owned by the Commonwealth or a municipality within the
boundaries of a city of the second class or an authorized
municipality . An electric low-speed scooter may not operate
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on a sidewalk.
(4) Except as prohibited under subsection (g), a city of
the second class or an authorized municipality , in
consultation with and with the consent of the property owner,
may adopt an ordinance to authorize the operation of an
electric low-speed scooter in any other location not
specified under paragraph (3) within the boundaries of the
city of the second class or authorized municipality.
(5) An individual may not operate an electric low-speed
scooter unless provided by a commercial electric scooter
enterprise in a city of the second class or an authorized
municipality.
(d) Age requirements.--
(1) An individual younger than 18 years of age may not
operate an electric low-speed scooter .
(2) A commercial electric scooter enterprise may not
rent an electric low-speed scooter to an individual younger
than 18 years of age.
(e) Speed requirements.--An individual may not operate an
electric low-speed scooter at a speed greater than 15 miles per
hour.
(f) Lamps and reflectors.--An 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
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 an electric low-speed scooter shall comply with the
requirements of this subsection if the lamp can be seen at the
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distances specified under this subsection.
(g) Operation prohibited.--An individual may not operate an
electric low-speed scooter on any of the following:
(1) A freeway.
(2) A highway with a posted speed limit of 35 miles per
hour or greater.
(3) A sidewalk in a business district.
(h) Police powers.-- Nothing in this section 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 department's police powers or the
local authority's police powers under section 6109 (relating to
specific powers of department and local authorities).
(i) Safety issues.--When an electric low-speed scooter 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 highway segment for the
program when a pattern of safety issues have been identified by
the department that cannot be reasonably corrected. The
department shall establish a process to evaluate a safety issue
under this subsection. The process shall be limited to the
evaluation of accidents and damage to property on a highway
owned or under the jurisdiction of the department. The
department shall also establish a process to communicate a
safety issue under this subsection and consult with a city of
the second class or an authorized municipality 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 program.
(j) Ordinances, policies and regulations.-- Notwithstanding
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any other provision of law, a city of the second class or an
authorized municipality shall adopt an ordinance, regulation or
policy for the safety, operation and management of electric low-
speed scooters. The ordinance, regulation or policy shall, at a
minimum, include approved and restricted deployment locations,
approved and restricted parking locations, fleet size and
maintenance, customer service operations, fee structures,
insurance consistent with subsection (o), data management and
reporting and education and awareness. A city of the second
class or an authorized municipality shall notify the department
of any ordinance, policy or regulation adopted under this
subsection.
(1) AN AUTHORIZED MUNICIPALITY THAT ADOPTS AN ORDINANCE
TO ESTABLISH A PROGRAM UNDER SUBSECTION (B) SHALL INCLUDE, AT
A MINIMUM, ALL OF THE FOLLOWING IN THE ORDINANCE:
(I) OPERATING GUIDANCE, INCLUDING PERMITTED AREAS,
PROHIBITED AREAS, CUSTOMER SERVICE SUPPORT, AGE
REQUIREMENTS, SPEED REQUIREMENTS, GEOFENCING, RIDER
LIMIT, FLEET SIZE AND MAINTENANCE, PEDESTRIAN
INTERACTION, PARKING AND CHARGING STATIONS.
(II) DATA MANAGEMENT AND REPORTING.
(III) E DUCATION , PUBLIC AWARENESS AND PUBLIC
PARTICIPATION.
(IV) VIOLATIONS AND ENFORCEMENT.
(V) FARE STRUCTURE.
(VI) INSURANCE.
(2) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, A CITY
OF THE SECOND CLASS OR AN AUTHORIZED MUNICIPALITY MAY ADOPT A
SUBSEQUENT ORDINANCE, POLICY OR REGULATION CONSISTENT WITH
THIS SECTION FOR THE SAFETY, OPERATION AND MANAGEMENT OF THE
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PROGRAM.
(3) A CITY OF THE SECOND CLASS OR AN AUTHORIZED
MUNICIPALITY SHALL NOTIFY THE DEPARTMENT OF ANY ORDINANCE,
POLICY OR REGULATION ADOPTED UNDER THIS SECTION.
(k) Presumption.--For the purposes of this section, it shall
be presumed to be a reasonable exercise of police power to
regulate and enforce the use of electric low-speed scooters
consistent with this section and the regulation of pedalcycles,
as applicable.
(l) Title or registration requirements.--Notwithstanding
Subchapter A of Chapter 11 (relating to certificate of title) or
Subchapter A of Chapter 13 (relating to general provisions), an
electric low-speed scooter authorized under this section shall
not be required to comply with certificate of title or vehicle
registration requirements under this title.
(m) Motor vehicles.--Notwithstanding any other provision of
law, an electric low-speed scooter authorized under this section
shall not be construed as a motor vehicle.
(n) Report.--A city of the second class or an authorized
municipalit y, in coordination with the department, shall prepare
an annual report on the deployment of electric low-speed
scooters under an electric low-speed scooter A program. The
report shall be posted on the publicly accessible Internet
websites of the department and the city of the second class or
authorized municipality. The report shall include the number of
rides, the number of accidents, frequency of use and any
ordinance, regulation or policy adopted under subsection (j).
The city of the second class or authorized municipality shall
submit the report to the chairperson and minority chairperson of
the Transportation Committee of the Senate and the chairperson
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and minority chairperson of the Transportation Committee of the
House of Representatives.
(o) Financial responsibility.--A city of the second class or
authorized municipality shall require financial responsibility
for a commercial electric scooter enterprise participating in an
electric low-speed scooter A program as follows:
(1) A commercial electric scooter enterprise shall
maintain the following insurance for the duration of the
program:
(i) Commercial general liability insurance coverage
with a limit of at least $2,000,000 for each occurrence
and $2,000,000 in the aggregate.
(ii) Automobile insurance coverage with a limit of
at least $1,000,000 for each occurrence and $1,000,000 in
the aggregate.
(iii) When the commercial electric scooter
enterprise employs an individual, workers' compensation
coverage of no less than required by Federal or State
law.
(2) A commercial electric scooter enterprise shall
provide proof of insurance coverage to a city of the second
class or an authorized municipality to satisfy the
requirements under this subsection.
(3) In addition to any fines that may be imposed, a city
of the second class or an authorized municipality 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
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under this paragraph by a city of the second class or an
authorized municipality 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:
"Authorized municipality." A city of the second class A or a
city of the third class.
"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 or an
authorized municipality .
"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 or a seat which can be sat 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.
"Program." An electric low-speed scooter program authorized
under subsection (b).
Section 2. This act shall take effect as follows:
(1) The following shall take effect immediately:
(i) The addition of 75 Pa.C.S. § 3515(b)(4).
(ii) This section.
(2) The remainder of this act shall take effect in 60
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days.
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