Section 1601-Q - 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 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 and which provides a limited fleet of electric low-speed scooters, as determined by the city, within the boundaries of the city.(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 75 Pa.C.S. Ch. 35 Subch. A (relating to operation of pedalcycles).(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 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 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 of Transportation 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 of Transportation, 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 under 75 Pa.C.S. Ch. 35 Subch. A.(k) Application.--Notwithstanding 75 Pa.C.S. Ch. 11 Subch. A (relating to certificate of title) or 75 Pa.C.S. Ch. 13 Subch. A (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 75 Pa.C.S. (relating to vehicles).(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 75 Pa.C.S. § 102 (relating to definitions).(m) Report.--A city of the second class, in coordination with the Department of Transportation, 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) 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 for each occurrence and $2,000,000 aggregate;(ii) automobile insurance coverage with a limit of at least $1,000,000 for 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 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) Expiration.--This section shall expire two years after the effective date of this section.(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" as defined in 75 Pa.C.S. § 102. "Freeway." As defined in 75 Pa.C.S. § 102.
"Highway." As defined in 75 Pa.C.S. § 102.
"Local authorities." As defined in 75 Pa.C.S. § 102.
"Pedalcycle." As defined in 75 Pa.C.S. § 102.
"Roadway." As defined in 75 Pa.C.S. § 102.
1929, April 9, P.L. 343, No. 176, art. XVI-Q, §1601-Q, added by 2021 , June 30, P.L. 62, No. 24, § 10. 7/1/2021