Licensed drivers are supposed to pay attention to all kinds of potential hazards on the road.

Pedestrians, animals, downed tree limbs and branches, vehicle parts and items that flew off the back of a truck, and, of course, other vehicles.

But what’s a vehicle? More precisely, which of the many types of self-propelled vehicles can legally be operated on public roads.

You’ve probably seen children zipping down the street standing on a super-lightweight electric scooter. Heck, you probably see as many or more kids riding e-scooters these days than bicycles (at least the kind that require pedaling).

Someone on an electric unicycle might even cause you to do a double take as you pass by.

You might even ponder the idea of ​​riding an e-scooter for short trips — perhaps even to work — because it looks like a fun and cheap way to get around. Or, if you prefer a seat, buying a battery-powered contraption such as an electric bike (a motorized pedalcycle or “moped,” not to be confused with the lighter e-bike, a bicycle with an integrated electric motor used to assist propulsion ).

To the general public, it’s hard to know all of the requirements — lights, use of helmets, registration and minimum age, for example — for these vehicles and whether it’s even legal to operate them on public roads and/or sidewalks.

The Pennsylvania Vehicle Code doesn’t reference terms such as e-scooter, moped, Segway, etc., so it’s difficult for the layperson to discern the regulations for a specific device.

For example, an electric personal assistive mobility device, or EPAMD (better known as Segway), is described in the vehicle code as “a self-balancing, two-nontandem-wheeled device designed to transport only one person with an electric propulsion system. “

As with any legislation, the law employs precise vocabulary, avoiding colloquialisms at the expense of simplicity. Bureaucrats interpret the law and develop regulations.

Segways are allowed on sidewalks unless a municipality prohibits it. Lighting must be used between sunset and sunrise.

Electric bikes (mopeds) require a Class C driver’s license to operate legally, and the vehicles, which are designed to travel at a maximum speed of 25 mph, must be registered with PennDOT and insured. They’re prohibited from sidewalks and bike lanes.

E-bikes weighing less than 100 pounds are treated under the law as bicycles, which means they carry no licensing and registration requirements.

Back to e-scooters. Small and stealthy though they may be, they’re considered motor vehicles. E-scooters are not exempt from titling and registration requirements and would have to pass equipment standards and inspection requirements to be operated legally.

“However, these vehicles do not comply with the equipment standards and inspection requirements for motor vehicles, and cannot be titled or registered within the commonwealth,” a 2017 PennDOT fact sheet states. “In addition, these vehicles cannot be operated on Pennsylvania roadways or sidewalks.”

But let’s get real: Police aren’t giving traffic tickets whenever they see a youth riding an e-scooter.

Exercising discretion

“In a situation where an officer observes one of those battery-operated scooters on a public road, our concern is with the safety of the rider,” Cumru Township Police Chief Madison Winchester said. “We may pull up to and get a conversation going with that operator just to kind of inform them how dangerous it can be.

“We take more of an education and safety approach to it, as opposed to enforcement and citation.”

The approach described by Winchester, whose department is one of the largest in Berks County, is a common one, according to several police chiefs interviewed for this story.

“There are occasions when enforcement is required under the vehicle code,” Spring Township Chief Stephen Powell said. “But our main focus, I would say, is education and warning operators of these vehicles that certain rules have to be followed, if they can even be on the road.”

Amity Township Chief Jeffrey Smith said police look at the totality of each situation, including the age of the rider, type of vehicle and where they’re riding it.

“You have to take everything into consideration,” he said. “Every situation is different.”

Police won’t typically conduct a traffic stop and impound an e-scooter, Smith said, for instance, because they’re often operated by 9-, 10-, and 11-year-olds for the purpose of going from Point A to Point B.

Cracking down

Officers take a different approach with off-road gas-powered vehicles such as dirt bikes, ATV’s and four-wheelers. They go faster and are typically operated — often recklessly — by riders in their late teens or early 20s, posing a safety risk to other motorists as well as themselves.

In response to citizen complaints and safety concerns, Reading police have been deploying a dirt bike detail in which officers double up in a squad car and look for dirt bikes and ATVs driven illegally on the streets. They’ve confiscated dozens of vehicles and made scores of arrests.

Under Berks County District Attorney John Adams’ direction, suburban departments are working with Reading police on a regional approach to enforcing the growing problem of packs of dirt bikes and other off-road vehicles harassing motorists and creating havoc, police officials said.

Most police are well-versed on the regulations because they carry a PennDOT spreadsheet on the subject with them on patrol, Winchester said. The left column includes silhouette images of the various self-propelled and pedal-powered vehicles, from e-scooter to bicycle , with columns to the right listing relevant requirements.

The spreadsheet is also posted in the Cumru police squad room to inform officers of the relevant section of the vehicle code for the purposes of issuing a citation or warning.

Winchester said officers have wide discretion when to cite an operator of any type of vehicle.

“At the end of the day, is it really important to ticket a kid going from Point A to Point B, or is it better to help them get there safely,” he said. “I always tell the officers, ‘You have a lot of authority and a lot of power. Sometimes citation and arrest is not what we should be doing.’”

Originally Published: August 12, 2024 at 8:00 am