SB 892 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in special vehicles and pedestrians, providing for electric low-speed scooter pilot program.

PRIOR PRINTER'S NO.NOS.

11331133, 1376 PRINTER'S NO.

13761765 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

892 2021 INTRODUCED BY LAUGHLIN, TARTAGLIONE, MENSCH AND STEFANO, OCTOBER 6, 2021 SENATORAS LANGERHOLC,AMENDED TRANSPORTATION,ON ASSECOND AMENDED,CONSIDERATION, FEBRUARYJUNE 7,14, 2022 AN ACT Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes,electric inlow-speed specialscooter vehiclespilot andprogram.ians, pedestrians, providing for electricThe low-speedGeneral scooterAssembly pilotof program.the Commonwealth of Pennsylvania hereby enacts as follows:

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

(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 orclass <--A and third class,class borough or township where an executiveordinance order has been issuedenacted 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 orclass thirdA <--and class,third boroughclass or township may be authorized by executivean orderordinance, SECOND CLASS A AND THIRD CLASS MAY BE AUTHORIZED BY AN <-- ORDINANCE, in consultation with the property owner.

A CITYcity OFof <--the THEsecond SECONDclass CLASS A ANDand THIRDthird CLASSclass SHALLshall NOTIFYnotify THEthe DEPARTMENTdepartment OFof ANYany ORDINANCEordinance UNDERunder THISthis SUBSECTION.subsection.

(b) Micro-mobility pilot project.--Anproject.--A executive order may be <-- issued in a city of the second orclass A and third class,class boroughshall orenact townshipan ordinance which authorizes the use of electric low-speed scooters under a micro-mobilitymicro- mobility pilot project to commence in the city of the second orclass thirdA class,and boroughthird orclass township and which provides a limited fleet of electric low-speed scooters, as determined by the city of the second orclass thirdA class,and boroughthird orclass township, within the boundaries of the city of the second orclass thirdA class,and boroughthird orclass. township.

A(A) AUTHORIZATION.--A CITY OF THE SECOND CLASS A OR CITY OF <-- ANDTHE THIRD CLASS SHALLMAY ENACTAUTHORIZE AN ORDINANCE WHICH AUTHORIZES THE USE OF ELECTRIC LOW-SPEED SCOOTERSSCOOTER UNDER A MICRO-MOBILITY PILOT PROJECTPROGRAM TOWITHIN COMMENCE IN THE CITYBOUNDARIES 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 ANDOR THIRD CLASS WITHIN THE BOUNDARIES OF THE CITY OF THE SECOND CLASS A AND THIRD CLASS.

(c)IN Operation.--UnlessORDER otherwiseTO specified,AUTHORIZE everyTHE individualPILOT operatingPROGRAM anUNDER electricTHIS low-speedSUBSECTION, scooterA authorizedCITY underOF subsectionTHE (a)SECOND shallCLASS beA grantedOR allCITY ofOF theTHE rightsTHIRD andCLASS shallSHALL beADOPT subjectAN toORDINANCE allTO ofIMPLEMENT theTHE dutiesPILOT applicablePROGRAM. to the operator of a pedalcycle under this subchapter.

(d)UPON AgeADOPTING requirement.--TheAN followingORDINANCE shallTO apply:IMPLEMENT THE PILOT PROGRAM, THE CITY OF THE SECOND CLASS A OR CITY OF THE THIRD CLASS SHALL NOTIFY THE DEPARTMENT.

(1)(c) No(B) individualOperation.--Unless underotherwise 16specified, yearsevery of<-- ageindividual mayoperating operate an electric low-speed scooter onauthorized aunder roadwaysubsection unless(a) permittedshall bybe localgranted ordinance.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 NoELECTRIC commercialLOW-SPEED electric<-- scooterSCOOTER enterpriseMAY mayONLY rentBE 20210SB0892PN1376OPERATED -IN 2A -CITY anOF electricTHE low-speedSECOND scooterCLASS toA anOR individualCITY underOF 16THE yearsTHIRD ofCLASS age.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.

(e)AN SpeedELECTRIC requirement.--NoLOW-SPEED individualSCOOTER mayMAY operateONLY anBE electricOPERATED low-speedON scooterA onPEDALCYCLE aLANE pedalcycleON laneA onROADWAY aOR highway,A aPEDALCYCLE roadwayPATH orWITHIN aTHE pedalcycleBOUNDARIES pathOF atA aCITY speedOF greaterTHE thanSECOND 15CLASS milesA perOR hour.20210SB0892PN1765 - 2 - CITY OF THE THIRD CLASS.

(f)A LampsCITY andOF reflectors.--EveryTHE electricSECOND low-speedCLASS scooterA whenOR operatedCITY betweenOF sunsetTHE andTHIRD sunriseCLASS, shallIN beCONSULTATION equippedWITH onTHE thePROPERTY frontOWNER, withMAY aADOPT lampAN whichORDINANCE emitsTO aAUTHORIZE beamTHE ofOPERATION whiteOF lightAN intendedELECTRIC toLOW-SPEED illuminateSCOOTER theIN electricANY low-speedOTHER scooter'sLOCATION pathNOT andSPECIFIED whichIN isTHIS visibleSUBSECTION fromWITHIN aTHE distanceBOUNDARIES ofOF atTHE leastCITY 300OF feetTHE inSECOND front,CLASS aA redOR reflectorCITY facingOF toTHE theTHIRD rearCLASS. which is visible at least 500 feet to the rear and a reflector on each side.

(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.

(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 20210SB0892PN1765 - 3 - 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.

(i)UNDER Ordinances,SECTION policies6109 and(RELATING regulations.--NotwithstandingTO anySPECIFIC otherPOWERS provision of law, a city of the second or third class, <-- boroughOF orDEPARTMENT township may SECOND CLASS A AND THIRDLOCAL CLASSAUTHORITIES). SHALL <-- adopt an ordinance, regulation or policy for the safety, 20210SB0892PN1376 - 3 - operation and management of electric low-speed scooters.

(H) SAFETY ISSUES.--WHEN A CITYPILOT <--PROGRAM OFINCLUDES THE SECONDUSE CLASSOF A ANDHIGHWAY THIRDOWNED CLASSOR SHALLUNDER NOTIFYTHE JURISDICTION OF THE DEPARTMENT, THE DEPARTMENT OFMAY ANYRESTRICT ORDINANCE,ACCESS, POLICYPERMANENTLY OR REGULATIONTEMPORARILY, UNDERTO THISTHE SUBSECTION.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 <-- 20210SB0892PN1765 - 4 - CITY OF THE third class shall notify the department of any ordinance, policy or regulation under this subsection.

(m) Report.--A cityWITHIN ofSIX theMONTHS secondAFTER orAUTHORIZING thirdA class,PILOT borough<-- orPROGRAM, <--A townshipcity SECONDof CLASSthe second class A ANDand THIRDOR CLASS,CITY OF THE third <-- class, in coordination with <-- the department, shall prepare aAN report<-- onINTERIM theREPORT micro-mobilityEVALUATING pilotTHE programDEPLOYMENT 60OF daysELECTRIC priorLOW-SPEED toSCOOTERS theUNDER expirationTHE ofPILOT thePROGRAM. micro- mobility pilot program.

TheTHE CITY OF THE SECOND CLASS A OR CITY OF THE THIRD CLASS, IN COORDINATION WITH THE DEPARTMENT, SHALL ALSO PREPARE a report shall:on the micro-mobility pilot program <-- 60 days prior to the expiration of the micro-mobility pilot <-- program.

(1)The Includereport theREPORTS numbershall: 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(1) submittedInclude to the chairpersonnumber and minority chairperson of rides, the Transportationnumber Committee of theaccidents, Senatefrequency andof theuse, chairpersonany andordinance, minorityregulation chairpersonor ofpolicy theadopted 20210SB0892PN1376under -subsection 4(i) -and Transportationsafety, Committeemobility ofand theeconomic Houseimpacts. of Representatives.

(2) Be submitted to the chairperson and minority 20210SB0892PN1765 - 5 - chairperson of the Transportation Committee of the Senate and the chairperson and minority chairperson of the Transportation Committee of the House of Representatives.

(o) Financial responsibility.--A city of the second orclass thirdA <--and class,OR boroughCITY orOF townshipTHE SECONDthird CLASSclass A AND THIRD CLASS shall <-- require financial <-- responsibility for a commercial electric scooter enterprise as follows:

(2) A commercial electric scooter enterprise shall provide proof of insurance coverage to the city of the second <--class orA thirdand class,OR boroughCITY orOF townshipTHE SECONDthird CLASSclass A AND THIRD <-- CLASS to satisfy the <-- requirements of this subsection.

(3) In addition to any fines that may be imposed, the city of the second orclass thirdA class,and boroughOR orCITY townshipOF SECONDTHE <--third CLASSclass A AND 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 20210SB0892PN1765 - 6 - commercial electric scooter enterprise is operated without providing the required 20210SB0892PN1376 - 5 - insurance.

A civil penalty collected under this paragraph by the city of the second orclass thirdA class,and boroughOR or township <-- SECONDCITY CLASSOF ATHE ANDthird THIRDclass CLASS shall be used for the safety, <-- operation and management of electric low-speed scooters or pedalcycles.

"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 orclass thirdA and <-- class,OR boroughCITY orOF townshipTHE SECONDthird CLASSclass. A AND THIRD CLASS.

"PILOT PROGRAM." AN ELECTRIC LOW-SPEED SCOOTER PILOT PROGRAM <-- AUTHORIZED BY A CITY OF THE SECOND CLASS A OR CITY OF THE THIRD CLASS.