during weekday rush hours, and fewer rides overall on weekends. Ridership data from 2020 and 2021 showed a shift away from rush hour use, and increased trips throughout the day. Changing travel patterns, work-from-home and hybrid work policies, a general increase in shared micromobility use, and a shift towards a wider range of trip purposes all likely affected this travel pattern shift.

Shared micromobility has become an integral part of many cities’ transportation systems, and has become a part of the day-to-day lives of millions of people. Continued ridership number increases, despite the disruption of the pandemic, shows shared micromobility’s value as an essential part of our transportation systems.

III. REGULATING MICROMOBILITY

Micromobility devices, such as electric scooters, bicycles, and skateboards, have become increasingly popular modes of transportation in urban areas. However, their use also poses significant challenges for public safety and regulation. This section aims to provide an overview of the roles of federal law in product and safety standards and state traffic laws and vehicle codes in governing the operation of micromobility devices on streets, trails, and bikeways. It also examines the benefits and drawbacks of different approaches to regulating micromobility devices and offer some recommendations for accepted practices to mitigate risk.

A. Federal Regulatory Role

Micromobility is a term that refers to any small, low-speed, human or electric-powered transportation device, such as bicycles, scooters, e-bikes, e-scooters, and other similar vehicles. Micromobility devices can be owned individually or shared by users through private companies that operate fleets of devices in designated service areas. Shared micromobility systems are intended for short trips, often as a way to connect to other modes of transportation, such as transit.

Federal regulations are still evolving for different types of micromobility devices. According to the Federal Highway Administration (FHWA), micromobility devices are considered “vulnerable road users” that are more at risk of serious injury or death if they are involved in a traffic crash, similar to pedestrians.⁵⁷ Federal transportation legislation provides funding for federal-aid projects that can be used to construct or improve sidewalks and on-street bike lanes, which may benefit micromobility users, depending on local regulations.

On the federal level, micromobility devices are at the intersection of the Consumer Product Safety Commission (CPSC) and the National Highway Traffic Safety Administration (NHTSA). The manufacturers of the vehicles may be subject to federal regulation by one of these two agencies depending on the specific features and on-road capabilities. If the device qualifies as a “motor vehicle” under 49 U.S.C. 30102, then it would fall under the purview of the NHTSA vehicle safety standards. If not, then the device is a “consumer product” that falls within the CPSC’s jurisdiction.

Most of the regulation of micromobility operations and use occurs at the local level, where cities and jurisdictions can issue permits to private companies that operate shared micromobility fleets. Permits allow cities to enforce rules such as vehicle caps, operating speed limits, data-sharing requirements, and equitable device access. Cities may also impose restrictions on where micromobility devices can be parked or ridden, such as prohibiting e-scooter use on sidewalks or requiring designated parking zones. These regulations aim to balance the needs and safety of different road users and to manage the impacts of micromobility on the public right-of-way.

1. National Highway Traffic Safety Administration (NHTSA)

Powered micromobility devices are generally not considered motor vehicles subject to NHTSA regulatory requirements. The NHTSA is a federal agency that is responsible for ensuring the safety of motor vehicles and road users in the United States. The NHTSA regulates motor vehicle standards, conducts crash tests, investigates defects and recalls, enforces safety laws, and promotes traffic safety education and awareness.

Under 49 U.S.C. Chapter 301, NHTSA has authority to establish safety standards for “motor vehicles.” NHTSA is authorized to issue Federal Motor Vehicle Safety Standards (FMVSSs) that set performance requirements for new motor vehicles and items of motor vehicle equipment.⁵⁸

The definition of a motor vehicle provided in 49 U.S.C. 30102 is “a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, but does not include a vehicle operated only on a rail line.” In a 2005 draft notice of interpretation addressing low-speed two- and three-wheeled vehicles, NHTSA set forth its considerations for determining whether those vehicles meet the statutory definition of “motor vehicle.”⁵⁹ NHTSA’s jurisdictional analysis focuses on a product’s on-road capabilities. Specifically, in the draft notice of interpretation, NHTSA concluded that a two- or three-wheeled vehicle would not be a “motor vehicle” if:

• The vehicle is incapable of a top speed of 20 mph or greater (without a governor), regardless of on-road capabilities; or
• The vehicle is capable of a top speed greater than 20 mph (32 km/h) but it is manufactured primarily for off-road use (e.g., dirt bikes and motocross bikes).

NHTSA interpretation deems the vehicle’s speed “largely determinative” of whether it is a motor vehicle. This is because, NHTSA explained:

A speed capability of 20 mph or greater makes it much more likely that a vehicle could be operated in normal moving traffic and would

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⁵⁷ See FED. HIGHWAY ADMIN., MICROMOBILITY: EMERGENCE OF NEW TRANSPORTATION MODES, https://rosap.ntl.bts.gov/view/dot/54137/dot_54137_DS1.pdf?.

⁵⁸ See 49 U.S.C. Ch. 301.

⁵⁹ 70 FR 34810; see also NHTSA Interpretation 08-002289as (Jan. 16, 2009), www.nhtsa.gov/interpretations/08-002289as.

be used on the public roadways. The lowest posted maximum speeds for public roads are typically 20 mph or 25 mph. Vehicles with a lower speed capability would have difficulty operating in normal moving traffic and thus would be less likely to be used on public roadways.

For NHTSA’s purposes, the method to determine speed is based on ISO 7116, “Road Vehicles—Measurement Method for the Maximum Speed of Mopeds.” In addition, the vehicle cannot use a speed limiting device, or speed governor, to mechanically limit the maximum speed the vehicle can travel.

For vehicles that are capable of speeds greater than 20 mph, NHTSA considers whether the vehicle’s physical features are such that it is an “on-road” or “off-road” vehicle, specifically whether the vehicle has a VIN, mirrors, turn signal lamps, side marker lamps, and stop lamps (on-road equipment). If the vehicle lacks these features, then the vehicle should be considered an “off-road” vehicle because it was not intended for on-road use.

Even though NHTSA did not make the draft interpretation final, the agency continues to follow its guidance in interpretations and in FAQs. NHTSA guidance advises that the following micromobility products are not considered “motor vehicles”:⁶⁰

• scooters lacking seats that are operated in a stand-up mode;
• scooters that are incapable of a top speed of 20 mph or greater; and
• electric bicycles with operable pedals, and an electric motor of 750 watts or less, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.

As such, manufacturers of these devices do not have to comply with FMVSSs.

2. U.S. Consumer Product Safety Commission

The U.S. Consumer Product Safety Commission (CPSC) is the federal agency responsible for regulating the safety of consumer products, including micromobility devices that are not under the jurisdiction of NHTSA, to protect the public from unreasonable risks of injury or death from such products. The CPSC collaborates with other organizations, such as standards organizations, manufacturers, businesses, and governments, to ensure the safety of consumers.

Under 15 U.S.C. § 2052(a)(5), “consumer products” are products for use in or around residences or schools, in recreation, or otherwise. By definition, consumer products do not include “motor vehicles.”⁶¹ With respect to micromobility devices, the CPSC’s jurisdiction picks up where the NHTSA’s jurisdiction over motor vehicles leaves off. According to a CPSC report:⁶²

CPSC has jurisdiction over consumer products, which include micromobility products that the National Highway Traffic Safety Administration (NHTSA) does not consider to be a ‘motor vehicle’ under its jurisdiction. NHTSA guidance advises that the following micromobility products are not considered ‘motor vehicles:’ (1) scooters lacking seats that are operated in a stand-up mode; (2) scooters that are incapable of a top speed of 20 mph or greater; and (3) electric bicycles with operable pedals, and an electric motor of 750 watts or less, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph. Accordingly, these micromobility products fall within CPSC’s jurisdiction.

In addition, CPSC has statutory jurisdiction over low-speed bicycles, which are defined as a “two- or three-wheeled vehicle with fully operable pedals and electric motor of less than 750 watts (1 HP), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.”⁶³ Pedal-assisted micromobility devices that are incapable of continued self-propulsion fall within CPSC’s jurisdiction even if the devices can exceed 20 miles per hour.⁶⁴ E-bikes and pedal-assist bikes that fall under the CPSC definition must meet bicycle product and safety standards for bicycles in private use (16 C.F.R. Part 1512).

The CPSC has issued several requirements for bicycles, including:

• Bicycles must have a permanent label with the name and address of the manufacturer or importer, the model number, and the date of manufacture.
• Bicycles must have brakes that can stop the bicycle within a certain distance on a dry, level, clean pavement.
• Bicycles must have reflectors on the front, rear, pedals, and sides that are visible from various angles and distances in low-light conditions.
• Bicycles must have a guard or other device to prevent the rider’s clothing or body from being caught in the chain or spokes.
• Bicycles must have handlebars that are securely attached and do not have sharp edges or protrusions that could injure the rider.
• Bicycles must have seats that are adjustable and securely fastened to the frame.
• Bicycles must have tires that are properly inflated and free from cuts, cracks, or bulges.⁶⁵

In 2022, the CPSC issued a letter to manufacturers, retailers, importers, and distributors of micromobility devices, urging them to comply with established applicable UL safety standards (ANSI/CAN/UL 2272 – Standard for Electrical Systems for Personal E-Mobility Devices, dated February 26, 2019, and ANSI/CAN/UL 2849 – Standard for Safety for Electrical Systems for eBikes, dated June 17, 2022, and standards they incorporate by reference) or face possible enforcement action.⁶⁶ According to the CPSC, failure to adhere to the voluntary UL safety standards

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⁶⁰ See NHTSA Interpretation 08-002289as (Jan. 16, 2009); Nat’l Highway Traffic and Safety Admin., Importation and Certification FAQs – Part II Group 2: Motorcycles and Scooters.

⁶¹ 15 U.S.C. § 2052(a)(5)(C).

⁶² See U.S. CONSUMER PRODUCT SAFETY COMM’N, SAFETY CONCERNS ASSOCIATED WITH MICROMOBILITY PRODUCTS (Apr. 8, 2020), www.cpsc.gov/s3fs-public/Report-on-Micromobility-Products_FINALto-Commission.pdf?THHIorYXAZ.KiZnobh1o7.7.lN9nNCLo.

⁶³ See 15 U.S.C. 2085, 16 CFR § 1512.2(a)(2).

⁶⁴ See supra note 62 at 6.

⁶⁵ See 16 C.F.R. Part 1512.

⁶⁶ U.S. Consumer Product Safety Comm’n letter to manufacturers, importers, distributors, and retailers of micromobility devices for consumer use (Dec. 19, 2022), www.cpsc.gov/s3fs-public/Important%20

may pose an unreasonable risk to consumers of fire and serious injury or death, while compliance “significantly reduces the risk of injuries and deaths from micromobility device fires.”⁶⁷ UL is an independent safety science organization that develops and tests standards for various products. UL 2849 is the standard for electric bicycles, scooters, skateboards, and hoverboards. It covers electrical, mechanical, environmental, and fire safety aspects of these devices.

B. State and Local Regulations

Scooters, bikes, and skateboards pose significant challenges for public safety, infrastructure, and environmental sustainability. As a result, state and local governments have been developing and implementing various regulations to address these issues. Their use and regulation are subject to different laws depending on the state and locality.

State laws will govern whether any use of micromobility devices is permitted within the state and may establish whether and to what extent counties and municipalities may regulate such devices, including shared systems. For example, some states may classify micromobility devices as bicycles and allow them to use bicycle infrastructure, while others may require registration, licensing, or insurance for certain types of devices. Some states may also delegate authority to local governments to enact their own rules and regulations for micromobility devices, such as speed limits, parking restrictions, or operating hours.

Within local government, departments of transportation (DOTs) are often tasked with regulating micromobility operations within the jurisdiction. From engaging in rulemaking to crafting laws to ensure riders’ safety to managing publicly shared networks, DOTs are largely in control. Transit agencies, on the other hand, often lack the power to regulate micromobility in the same way as DOTs. Transit agencies generally have to operate within established regulatory frameworks. This requires coordination with DOTs and other regulatory agencies and partnerships with private operators to offer micromobility as a public transportation service.⁶⁸

This section provides an overview of the current state of shared-use micromobility regulation in the United States, focusing on the key topics of licensing, service quality, data sharing, enforcement, maintenance, and redistribution of vehicles, and addressing issues such as parking, clutter, and vandalism. It also analyzes the benefits and drawbacks of different regulatory approaches.

1. Legal Authority to Regulate

The legal status and regulation of micromobility devices vary by state and locality. State laws will govern whether any use of micromobility devices is permitted within the state and may establish whether, and to what extent, counties and municipalities may regulate such devices, including shared systems. Some states have enacted laws that explicitly authorize the use of micromobility devices on public roads, sidewalks, bike lanes, or trails, while others have not addressed the issue or have prohibited their use. Furthermore, some states have granted counties and municipalities the authority to regulate micromobility devices within their jurisdictions, while others have preempted local regulation or imposed statewide standards. Therefore, users and operators of micromobility devices should be aware of the applicable state and local laws and regulations that may affect their rights and responsibilities.

States typically grant counties and municipalities the authority to regulate the use of sidewalks and streets in the public right-of-way (ROW) within their jurisdiction.⁶⁹ The ROW is the land that is reserved for public use, such as streets, sidewalks, bike lanes, pathways, and parking spaces. Many local governments use this authority to regulate shared micromobility systems, which depend on being able to use public streets and sidewalks, including for the installation of docks and charging stations and use of public parking spaces.⁷⁰ Some states give explicit authority to local governments to regulate micromobility operations, shared systems, or both.⁷¹

Cities have the authority to manage and maintain the ROW for the safety, accessibility, and convenience of all users. Because publicly shared bike and scooter networks depend on using public streets and sidewalks to operate, cities use control of the public ROW to regulate the manner in which they may operate on public spaces. Some of the ways that cities use control of the ROW to regulate micromobility are:

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Safety%20Information%20Concerning%20Micromobility%20Devices.pdf.

⁶⁷ Id.

⁶⁸ See Colin Murphy et al., TCRP Research Report 230: Transit and Micromobility, Transportation Research Board, Washington, D.C., 2021, https://doi.org/10.17226/26386.

⁶⁹ See, e.g., CAL. VEH. CODE, § 21960 (“The Department of Transportation and local authorities, by order, ordinance, or resolution, with respect to freeways, expressways, or designated portions thereof under their respective jurisdictions, to which vehicle access is completely or partially controlled, may prohibit or restrict the use of the freeways, expressways, or any portion thereof by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle, motorized bicycle, motorized scooter, or electrically motorized board”); TEX. TRANSP. CODE § 551.352 (“A county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety”); VA. CODE ANN. § 46.2-904 (“The governing body of any county, city, or town may by ordinance prohibit the use of roller skates, skateboards, electric personal delivery devices and/or the riding of bicycles, electric personal assistive mobility devices, motorized skateboards or foot-scooters, motor-driven cycles or electric power-assisted bicycles on designated sidewalks or crosswalks, including those of any church, school, recreational facility, or any business property open to the public where such activity is prohibited”).

⁷⁰ See, e.g.¸ CITY OF GALVESTON, TEX. CODE OF ORDINANCES § 34-230 (requiring a permit to operate an “electronic share system,” which includes bikeshare and scooter share systems, in the city or to make such vehicles available for use on the public rights-of-way).

⁷¹ N.Y. VEH. & TRAF. LAW § 1281(2) (authorizing localities to create regulations, including but not limited to setting a maximum speed that is lower than the statewide requirement, setting helmet and clothing requirements for riding, and opting out entirely of allowing e-scooters to operate in the jurisdiction).

• Establishing permits and fees for micromobility providers to operate in the ROW and requiring them to comply with certain standards and regulations.
• Designating parking zones or docks for micromobility devices in the ROW to avoid clutter and obstruction of pedestrian or vehicular traffic.
• Creating or expanding bike lanes or other infrastructure in the ROW to accommodate micromobility devices and improve their safety and accessibility.
• Implementing art or other aesthetic elements in the ROW to enhance the visibility and attractiveness of micromobility devices and facilities.

Some states give explicit authority to local governments to regulate micromobility operations, shared systems, or both. For example, in April 2019, Arizona legalized e-scooters at the state level.⁷² The Arizona statute also empowers cities and municipalities to impose additional restrictions on riders, taking into consideration the environmental benefits and traffic benefits when doing so. In 2021, California enacted a statewide regulatory framework for cities and counties to regulate shared micromobility systems.⁷³ The California law defines terms; requires cities and counties that allow shared micromobility to adopt certain operation, parking, and maintenance rules; and specifies minimum levels of insurance requirements.⁷⁴ Another example is New York, which legalized e-scooter operations in 2020, while reserving the right for cities to regulate or ban e-scooters and shared e-scooter systems in their jurisdictions.⁷⁵ Following the law change, New York City passed an ordinance that legalized e-scooters in the five boroughs, and the city began a pilot program for shared e-scooters.⁷⁶

Typically, cities will require any shared micromobility company that wants to use the public right-of-way to obtain a license from the city or an administrative permit. An alternate approach is to use a pilot program to gather information before adopting final regulations.

2. Key Areas of Local Regulation

Local regulations governing public shared micromobility may differ depending on the local circumstances and objectives. However, the most common of type of local micromobility regulation is market entry restrictions. Local government may require micromobility services to obtain a license or permit or to enter into a contract to operate in their jurisdiction. This allows the city to control the number, type, and location of micromobility devices, collect fees and data from operators, and to impose operating requirements on services.

The most common aspects of local micromobility regulation include the following:

• Safety: Local governments may impose safety requirements and rules for micromobility operators and users, such as speed limits, helmet requirements, battery practices, rider education, and vehicle requirements (e.g., international standards, CPSC consumer regulations, or applicable state standards). These can help prevent crashes, injuries, and fatalities involving micromobility users and other road users. (See section VI of this report for more details.)
• Areas of operation: Local governments may restrict the areas where micromobility devices may operate, such as limiting riders to operating the devices on roadways, sidewalks, and/or bike lanes. Some places may restrict micromobility users from riding on paths in parks or other areas. (See section VI of this report for more details.)
• Parking and docking: Local governments may designate specific areas or zones for micromobility parking or docking, such as sidewalks, bike racks, or parking lots. Some cities may require operators to provide docking stations or designated parking areas for their vehicles, or to use lock-to mechanisms that prevent the vehicles from being left on sidewalks or other public spaces. These regulations can help prevent clutter and obstruction of public spaces to ensure accessibility for pedestrians and other users. (See sections VI and VIII of this report for more details.)
• Service quality: Local governments exercise control to ensure shared micromobility systems provide certain levels or quality of service. These include requirements regarding fleet size (minimum and maximum number of devices); removal/replacement of inoperable, damaged, and/or improperly parked devices; rebalancing/redistributing devices to ensure access and limit overcrowding; equipment and device maintenance; customer service; staffing (e.g., general manager, fleet operations manager); pricing transparency and accuracy. (See section VI of this report for more details.)
• Equity practices: Discounted pricing, low-income programs, cash payment options, service area expansion, and other equity measures may help state or local governments ensure that micromobility is accessible and affordable for all segments of the population. (See sections VII and VIII of this report for more details.)
• Data sharing and privacy: State or local governments may request or require micromobility operators to share data on their operations and users, such as trip origin and destination, duration, distance, mode, and frequency. This helps local governments to monitor and evaluate the impacts and performance of micromobility services and to plan for future transportation needs. However, cities also need to ensure that data sharing respects the privacy and security of micromobility users and operators. (See section VIII of this report for more details.)
• Enforcement: State or local governments may establish penalties (including fines) for failing to comply with established regulations that govern market entry, service quality, safety, and data sharing and privacy. (See section VI of this report for more details.)

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⁷² See, e.g., ARIZ. REV. STAT. § 28-627.

⁷³ See CAL. STATS 2020 CH. 91 § 1 (AB 1286), effective January 1, 2021, codified at CAL. CIV. CODE DIV. 3, Pt. 4, TIT. 10.1.

⁷⁴ Id.

⁷⁵ See N.Y. VEH. & TRAF. LAW § 1281(2).

⁷⁶ N.Y.C. L.L. 74 of 2020 (eff. Jul. 26, 2020; Int. No. 1266-2018).