ARE THEY LEGAL OR WHAT?

The Manheim Township Police Department oftentimes receives questions and / or complaints regarding the use of motor scooters upon the roadways and sidewalks of the jurisdictions we serve.  This post addresses these complaints and attempts to answer the majority of questions asked.  Motor scooters are motor vehicles manufactured under various models and configurations.  Typically, a motor scooter is a two tandem-wheeled (one in front of the other) vehicle that is powered by a gasoline engine or an electric motor and may or may not have a seat or saddle for the driver.  Motor scooters include small motor cycles, mini-bikes, “pocket bikes” and “pocket rockets” as well as motorized standing scooters.  Unregistered, uninspected, and non-insured motor scooters used upon the roadways and sidewalks are illegal and their use by not properly licensed drivers is clearly and inherently dangerous.  The applicability of several laws and regulations are discussed below.

Registration – Section 1301(a) of the Vehicle Code: To be lawfully driven on a highway, a motor scooter is required to be registered.  A motor scooter is both a “vehicle” and a “motor vehicle” and does not qualify for any of the exemptions to registration.  Therefore, a motor scooter must be registered to be legally operated on the roadways of the Commonwealth.

Inspection – Section 4703(a) of the Vehicle Code: A motor scooter is required to comply with the equipment standards and inspection requirements for motor vehicles must be inspected and display a currently valid certificate of inspection.  Unfortunately, many motor scooters lack the most basic safety features which are designed to protect the rider from serious personal injury or even fatality.  Motor scooters are constructed without a chassis and expose the rider to the risk of an immediate, unprotected impact with other motor vehicles and pedestrians.  Motor scooters also do not provide the benefit of safety equipment such as fenders, turn signals, a muffler, lights, or tires suitable for highway usage.  Additionally, many motor scooters have poor visibility due to the lack of proper safety equipment and their small size.

Insurance – Section 1786(f) of the Vehicle Code: If a motor scooter is driven on a roadway, it must be insured.  Because a motor scooter is a vehicle of a type required to be registered under Section 1301, it is required to be covered by financial responsibility (insurance) if it is driven upon a roadway.

Licensing – Section 1501(a) of the Vehicle Code: Any person who drivers a motor scooter upon the roadway or public property must possess a valid driver’s license.  As previously noted, a motor scooter is a motor vehicle and the exemptions from licensing do not apply to persons driving motor scooters.  Therefore, in order to drive a motor scooter on a roadway or public property, any operator of a motor scooter must possess a valid driver’s license.  Many motor scooters are ridden on the roads by minors or others who lack driver’s licenses.  Such operation is prohibited by the Vehicle Code.

Sidewalks – Section 3703(a) of the Vehicle Code: Oftentimes motor scooters are operated upon a sidewalk.  The vehicle code prohibits any person from driving any vehicle, unless human powered, upon a sidewalk or sidewalk area.  Clearly, this prohibited act applies to motor scooters.

It should be noted that electric vehicles and gasoline-powered vehicles have the same registration, inspection, insurance, and driver licensing requirements.  It has also been suggested that motor scooters are not regulated because their engines or motors are less than five brake horsepower.  This is not correct.  There is no such exemption from regulation for vehicles merely because they are powered by a less than five horsepower engine or motor.

Despite the above, there are motor scooters which are manufactured for lawful roadway use.  These motor scooters have a certification label upon them certifying that the motor scooter meets Federal Motor Vehicle Safety Standards.  These vehicles will have a 17 digit VIN affixed by the manufacturer and are sold / traded using a title.  These motor scooters conform to federal and state vehicle equipment requirements and standards, and when properly registered, inspected, and insured, may be operated upon a roadway by licensed drivers.

MEDIA POST CONTACT: Lieutenant Michael T. Piacentino, W: 717-569-6401 Ext: 1583, C: 717-340-2130, piacentinom@manheimtownshippolice.org