Overview of Electric Scooter Rules
As electric scooters continue to grow in popularity in Florida, the importance of understanding regulations that govern your driving experience must become a priority for riders. Like all other motor vehicles and personal conveyances used in the State of Florida , electric scooters are governed by laws that set forth not only your responsibilities as a rider, but also the penalties you face for violating one of these regulations. From age restrictions to helmet requirements, there is a lot to learn about the laws surrounding electric scooters in the state of Florida.
Electric Scooters Defined under Florida Law
Electric scooters are explicitly defined as a vehicle in Florida. In fact, they’re one of several terms used in Florida law to describe what the state considers a motorized scooter. The law reads: A vehicle not operated upon a highway, with two or three wheels, that has a seat or the like for the operator, an electric propulsion system with average power of not more than 1,000 watts (1 hp), and not capable of attaining a speed of more than 20 miles per hour on level ground . . .
That definition includes electric bicycles with fully operative pedals. That might seem confusing, but consider that there is another entry in Florida law that describes a motorized bicycle as a device that has fully operative pedals. That pedestrian-friendly category is supplemented by other types of devices. A moped includes those pedals as well as a seat. Florida law also includes definitions for electric bicycles without fully operative pedals and mopeds without pedals. Note that all of these have the following characteristics in common: they are driven by electric power, they can’t go more than 20 miles per hour on flat ground, and they have two or three wheels.
The laws regulating scooters in Florida are designed to work in conjunction with similar laws regulating bicycles and mopeds. This means that many legal principles that apply to bicycles will also apply to electric scooters. For example, both bicycles and electric scooters must adhere to the same electrical regulations. The downside here is that scooters aren’t as popular as bicycles. With only a couple of cities offering scooter rentals, the body of case law regulating scooters is rather sparse. When faced with an electric scooter case, it’s likely the court will apply the bicycle case instead and use its holding to decide what should happen to a scooter operator in a similar situation.
Where are You Allowed to Use Electric Scooters?
Electric scooters are allowed on streets or bike paths. However, scooters are only allowed on the sidewalk if it is necessary for the safe operation of the scooter (think of it in terms of categories like traffic and workers’ safety). Additionally, this does not apply in Miami-Dade County, Broward County, and Palm Beach County. In other words, in these counties, you can only ride your scooter on the sidewalk if you can do so safely.
Who Can Ride an Electric Scooter and How Old Must You Be?
Adult scooter riders, ages 21 and older, do not need a special license or permit to operate a scooter legally in Florida. For adult riders, the same licensing policies that apply to a bicycle rules apply to scooters. However, any scooter driver aged 16 or 17 must obtain a Class E learner’s license to legally operate the vehicle. The Class E learner’s license is a 3-month driver’s license that students can obtain if they have completed a state-approved course on driving laws. Some people who are required to take this class have also obtained a DMV driver’s license while enrolled in the program (with the permission of their parents).
Even if the student is granted a driver’s license while learning to drive, however, a parent/guardian must sign off on the student’s ability to operate a scooter. Once the student’s Class E license has been active for at least 12 months, he or she can apply for a non-restricted license that allows them to legally drive any personal vehicle (including a scooter) in Florida. Also, motorcycle endorsements are not required to drive scooters.
Do You Need a License and Helmet?
Florida’s helmets and safety gear law for electric scooter riders is quite simple: if you are an electric scooter rider over the age of 16, there are no helmet requirements or requirements for any other safety equipment. For all other Florida electric scooter riders, you are legally required to wear a helmet while operating an electric scooter.
Of course, this law is more about public safety than it is about "law" as you could be issued a citation by the police for being an irresponsible electric scooter rider, but there have been no known lawsuits awarding damages to a rider who was injured and not wearing a helmet. If you are a minor and you are riding an electric scooter, you should ALWAYS wear a helmet along with any other safety equipment including, but not limited to, elbow pads, knee pads, reflective vest, wrist pads, and eye protection. There are many factors involved in a Florida personal injury or wrongful death lawsuit and the wiser you ride, the stronger your case will be.
How Fast Can Scooters Go and are There Operational Restrictions?
In addition to the other rules and regulations that apply to scooters in Florida, there are certain speed limits and operational rules that Florida’s electric scooter riders should keep in mind while riding their scooters.
Although the legal limits for electric scooters differ from municipality to municipality, the general speed limit on most types of roads is 30 miles per hour. Florida’s electric scooter riders should remember that it is important to obey the law when it comes to speed limits because exceeding the speed limit could lead to injuries to others or a traffic ticket for the rider. In addition , many municipalities have designated speed limits to be a maximum of 15 miles per hour on all roadways and sidewalks.
In addition to speed limits, electric scooter riders should also adhere to other operational rules while riding. Some of the most important rules for riders are: obeying any posted traffic control devices, yielding right-of-way to any pedestrian or motor vehicle cyclists whose path the operator wishes to enter or cross, and yielding right-of-way to pedestrians.
What are the Penalties for Breaking Scooter Laws?
With the rapid adoption of e-scooters, motorized scooters and other electric mobility devices, Florida’s communities have begun to regulate these vehicles within their jurisdictions. The penalties for violating e-scooter, motorized scooter, and other electric mobility device laws can vary significantly by municipality. However, these penalties may include fines, impoundment of the scooter, issuance of a traffic citation, injunctive relief, and other legal and administrative consequences.
Fines and Penalties. Municipalities may impose monetary fines for violations of their local scooter ordinances. For example, Uber’s scooter safety instructions inform riders that "riders may be subject to applicable fines or penalties" for violations of local laws. Despite the potential for penalties, riders should ride safely, responsibly, and lawfully.
However, there appears to be no existing case law addressing local fines or penalties for violations of scooter ordinances. This is likely due to the youth of micro-mobility vehicles and the states’ limited regulation of them. For instance, the Florida Supreme Court has held that under the home rule powers of municipalities, ordinances regulating bicycles are enforceable by fines up to $50, but that only legislative bodies (e.g., city or county commissions) can enact ordinances that impose fines exceeding $50. Until there is guidance from Florida courts on the validity of scooter fines via municipal ordinance, there is the potential for differences in opinion across jurisdictions that may affect enforcement.
Procedures and Enforcement by Police Officers. Police officers may follow administrative procedures as defined by municipalities to issue citations for violations of scooter ordinances. E-scooters, motorized scooters, and other electric mobility devices are generally treated the same as bicycles on the roadways. Localities may use bicycle lanes, bicycle paths, multi-use paths, sidewalks, and other arterial roadways to further restrict scooters. These paths may include striped lanes on the roadway, paved paths adjacent to the road, and any path used by another mode of transportation.
E-scooter violators face risk of impoundment and traffic citations alike. A police officer passing on a bicycle or foot traffic patrol may issue a traffic citation for violations of the bicycle traffic laws. Some jurisdictions additionally permit police officers to impound scooters involved in traffic accidents that result in serious injury, death, or property damage up to $10,000.
Injunctions. Local governments may employ injunctive relief against operators of electric mobility devices who repeatedly violate scooter laws. Last year, Miami-Dade County filed a lawsuit against Uber Technologies, Inc. and Bird Rides, Inc. for five counts of civil (§ 1-5(B)(3)) and criminal (§ 1-5(D)(3)) scooter violations, each with a daily fine of up to $500.
Future of Florida’s Bike and Scooter Laws
Some municipalities have discussed issues pertaining to where electric scooters can park and ride. The future will most likely see the Florida Legislature grapple with how to address these different concerns and issues.
Proposed Senate Bill 1252 (2019) attempted to do just that. It sought to address scooter and vehicle interaction, provide specific definitions relating to scooters, and attempted to elegantly weave scooters into Florida’s motor vehicle code. However, the bill died in committee and did not become law.
Another bill, SB 1352, proposed by Senator Mark Rubio, seeks to prohibit federal regulations from restricting the use of Personal Mobility Devices (PMD); defined as an electric scooter, electric bicycle, or another powered device with a maximum speed of less than 15 miles per hour. As of right now, scooter riders will be primarily responsible for the rules and regulations pertaining to scooter operation.
Final Thoughts and Safety Recommendations
By becoming familiar with the regulations governing the use of electric scooters in Florida, riders can fully enjoy the freedom that these vehicles offer. If you plan to use your electric scooter on the road or on sidewalks, be sure to follow all state and local laws to ensure a hassle-free experience. Here are some tips to keep you safe on the road: Always wear a helmet. Even if the law does not require it, wearing a helmet is a good idea. It protects your head in the event of a serious accident. Obey all traffic laws. Like bicycles, electric scooters are subject to the same rules of the road as other vehicles. You should obey all traffic signals and signs and never ride under the influence of drugs or alcohol. Maintain vigilance while riding. Just because you’re not driving a car doesn’t mean you don’t have to pay attention. Be especially alert for pedestrians when riding in urban areas, on sidewalks, and on bike paths . Also be aware of the traffic lanes you share with motor vehicle drivers, and take particular care when approaching intersections and turns. Follow manufacturer guidelines. Make sure your electric scooter is properly outfitted based on the manufacturer’s recommendations, as this can improve your comfort and control when operating the scooter. Obtain comprehensive insurance. The high cost of medical care and repairs to your scooter following an accident can leave you with a large unexpected expense. Having adequate insurance can minimize your personal liability while ensuring you stay covered in the event of damaging property or injuring another person. As the popularity of electric scooters continues to rise in urban areas in Florida and around the country, expect governments to enact more safety laws in the future. Until then, following all current traffic laws, wearing the proper safety gear, and exercising common sense can help you avoid penalties and keep you safe.