The Akron Legal News

Ohio lawmakers consider state e-scooter regulation

KEITH ARNOLD
Special to the Legal News
Published: October 16, 2019

A committee of lawmakers in the Ohio House of Representatives was scheduled eary last week to hear opposition of a plan proposed by a peer that the state adopt default regulations for the electric scooters trundling along public thoroughfares.

The bill, championed by Republican Rep. James Hoops of Napoleon, would retain local control of the low-speed e-scooters within local jurisdictions.

"By creating and codifying a definition of low-speed electric scooters, this legislation accomplishes several goals," Hoops told peers seated for the Transportation and Public Safety Committee. "First, it eliminates any confusion as to whether low-speed electric scooters are or should be considered 'motor vehicles.'

"Second, the definition allows for the establishment of default regulations for the safe operation of low-speed electric scooters. These include requiring riders to yield to pedestrians, requiring that any low-speed electric scooter operating at night include a head light and rear reflector, and imposing a speed limitation among other safety precautions."

Filed as House Bill 295, the measure also would allow for creation of a criminal penalty for any person who operates a low-speed electric scooter in violation of the default regulations.

"Local communities and park districts will retain the ability to create and impose additional or unique regulations on the operation of low-speed electric scooters," the lawmaker said. "What House Bill 295 will ensure, however, is that there is a minimum set of rules in place for any person using or operating a low-speed electric scooter."

HB 295 defines the e-scooter as a device that weighs less than 100 lbs., has handlebars, and is propelled by an electric motor or human power, and can go up to 20 mph on a paved level surface.

The bill exempts the scooters from the definition of vehicle, which makes them exempt from state registration, title, insurance, and certain traffic and equipment law requirements.

Use of the devices is acceptable on public streets, highways, sidewalks, shared-use paths, and any portions of roads set aside for the exclusive use of bicycles.

"However, certain local authorities are authorized to regulate or prohibit the operation of low-speed electric scooters in their jurisdictions," attorney Margaret Marcy wrote in the Ohio Legislative Service Commission's analysis of the bill. "Thus, if a city passes an ordinance prohibiting low-speed electric scooters on city sidewalks, that ordinance overrides the general state authorization permitting the low-speed electric scooters on sidewalks."

House Bill 295 treats and regulates low-speed electric scooters as similar to bicycles, Bird scooter Senior Regulatory Counsel Edward Fu said in testimony before the committee.

"Like bicycles, you don't have to register or title them," he said. "Like bicycles, you can ride on bike lanes or on the right side of the road."

Bird logged 40 million rides throughout America during the past two years.

It's not just that they're popular, Fu said.

"Studies find that those 40 million rides also eliminated nearly 20 million car trips from American streets," he added. "Think about the congestion, parking or environmental benefits that comes with eliminating 20 million cars.

"It's simply unprecedented - it turns out Bird's shared scooters are one of the most successful methods ever found for eliminating car trips."

HB 295 would require a low-speed electric scooter operator to generally follow the traffic law requirements that by their nature could apply to such devices.

Additionally, the bill would apply the following specific requirements and prohibitions to the operation of low-speed electric scooters:

• An operator must yield the right-of-way to all pedestrians;

• An operator must give an audible signal before overtaking or passing a pedestrian;

• An operator may not operate a low-speed electric scooter at night unless accompanied by proper lighting gear (a lamp emitting white light visible up to 500 feet to the front and a red reflector facing the rear visible up to 600 feet when low beams are shined on it);

• An operator may not operate a low-speed electric scooter at more than 15 mph; and

• An operator must be 16 years or older.

A violation of the requirements would result in a minor misdemeanor.

Hoops said the bill is a compromise between interested parties.

"Entities and organizations who worked to craft the compromise language before you include: the Ohio Municipal League, the City of Columbus, the Ohio Parks and Recreation Association, the Cleveland Metropolitan Park District, and the Columbus and Franklin County Metro Parks," he said.

Four fellow House members have signed on as cosponsors of the bill.

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