Can a Mississippi city allow electric stand-up scooters on its public streets and sidewalks?

Plain-English summary

Ocean Springs's city attorney described a typical motor-assisted stand-up scooter (Bird, Lime, Spin-style): a flat base with a wheel at each end, a vertical handle with throttle and brake controls, no seat. The city wanted to know whether such scooters could be operated on public roads or sidewalks in Mississippi.

The AG's answer: there is no general Mississippi law authorizing operation of motor-assisted stand-up scooters on public roads or sidewalks. The closest statutory hook is the "electric personal assistive mobility device" framework, which has narrow definitions.

Mississippi recognizes two motor-assisted device categories with operating rules:

1. Electric bicycles. § 63-3-103(l) defines an electric bicycle as a bicycle "equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than seven hundred fifty (750) watts" that falls within one of three classes. The pedals and seat are required by definition. Stand-up scooters lack both, so they don't qualify as electric bicycles.

2. Electric personal assistive mobility devices (EPAMDs). § 63-3-103(h) defines an EPAMD as "a self-balancing two-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour." This is the Segway-style definition. The 2004 Hedglin AG opinion clarified that "in order to meet the definition of an electric personal assistive mobility device, a device must be able to stand on its own without the aid of a kickstand or other similar mechanic prop."

Both categories are excluded from "motor vehicle" under § 63-3-103.

If the Ocean Springs scooter actually qualifies as an EPAMD (self-balancing, two tandem wheels, single rider, capped at 15 mph), then § 63-3-208 governs operation:

• (a) On a marked bicycle path
• (b) On any street or road where bicycles are permitted
• (c) On a sidewalk, if the operator yields the right-of-way to pedestrians and gives an audible signal before overtaking and passing

But most stand-up scooters as commonly designed are not self-balancing. They have a kickstand, they fall over without a rider, they're propelled by a motor without active stabilization. So they likely do not qualify as EPAMDs under the AG's reading of the statute.

For scooters that don't fit either category, no general state law authorizes operation on public roads or sidewalks. The city would need local and private legislation. Vicksburg got such a bill (S.B. 2921, 2020 Reg. Sess.) authorizing it to enact local ordinances allowing motor-assisted scooter operation under defined conditions. The Vicksburg bill borrowed the § 63-3-208 language. Ocean Springs would need its own bill to do something similar.

The AG flagged that the EPAMD classification is a factual determination for the city. The city's governing authorities must look at the specific scooter and decide whether it meets the four EPAMD criteria. If it does, § 63-3-208 controls. If it doesn't, the legislative path is the only option.

What this means for you

If you are a Mississippi city attorney evaluating a scooter program

Under this opinion, the threshold question is whether the specific scooter qualifies as an "electric personal assistive mobility device" under § 63-3-103(h). The AG says that is a question of fact for the city's governing authorities, and that to qualify the device must be a two-tandem-wheeled device that is self-balancing, designed to transport only one person, with an electric propulsion system capped at 15 mph. The AG relies on Hedglin (2004) for the point that the device "must be able to stand on its own without the aid of a [kick]stand or other similar mechanic prop." If the city determines the scooter meets that definition, § 63-3-208 controls where it may be operated. If it does not, the AG says there is no general law applicable, and the city would need to pursue local and private legislation, as Vicksburg did with S.B. 2921 (2020).

If you are a Mississippi mayor or city council member considering a micromobility program

Under this opinion, there are two paths. If the device genuinely qualifies as an EPAMD (self-balancing, two tandem wheels, single rider, 15 mph cap), § 63-3-208 already authorizes operation on marked bicycle paths, on streets and roads where bicycles are permitted, and on sidewalks if the operator yields to pedestrians and gives an audible signal before passing. If the device does not qualify, the AG says the only route is local and private legislation; the opinion points to Vicksburg's S.B. 2921 (2020), which borrowed the § 63-3-208 language and applies only to Vicksburg.

If you are a micromobility operator considering Mississippi cities

Under this opinion, whether your scooter can be operated turns on whether it qualifies as an EPAMD under § 63-3-103(h), and the AG notes that a device that needs a kickstand to stand up does not (Hedglin). If it does not qualify and the city has not obtained local and private legislation like Vicksburg's, the AG concludes there is no general law authorizing operation on public roads or sidewalks.

If you are a Mississippi rider considering a personal e-scooter

Under this opinion, a stand-up scooter qualifies for the EPAMD operating rules in § 63-3-208 only if it is self-balancing (stands on its own without a kickstand), two-tandem-wheeled, single-rider, and capped at 15 mph. The AG says if a scooter does not meet that definition, there is no general state law authorizing its operation on public roads or sidewalks, and the matter would depend on local and private legislation. The classification is a factual determination for the city's governing authorities.

Common questions

Q: What's the difference between a self-balancing scooter and a regular stand-up scooter for this opinion?
A: The opinion, relying on Hedglin (2004), says an EPAMD "must be able to stand on its own without the aid of a [kick]stand or other similar mechanic prop." A scooter that falls over without a rider or needs a kickstand does not meet the self-balancing element of § 63-3-103(h).

Q: Why isn't a stand-up scooter just an electric bicycle?
A: Because § 63-3-103(l) defines an electric bicycle as one "equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than seven hundred fifty (750) watts." A stand-up scooter with no seat and no pedals does not fit that definition.

Q: If the scooter qualifies as an EPAMD, where can it be operated?
A: Under § 63-3-208, as quoted in the opinion: on a marked bicycle path; on any street or road where bicycles are permitted; and on a sidewalk, if the operator yields the right-of-way to pedestrians and gives an audible signal before overtaking and passing a pedestrian.

Q: What is Vicksburg's S.B. 2921 (2020), and can other cities rely on it?
A: The AG describes it as a local and private bill that authorized Vicksburg to enact local ordinances allowing motor-assisted scooter operation on certain public roads, sidewalks, and bicycle paths. By its language it applies only to Vicksburg, so the opinion says another city like Ocean Springs would need its own local and private legislation.

Q: Who decides whether a particular scooter is an EPAMD?
A: The AG says that is a question of fact for the governing authorities of the city, not something the AG determines by official opinion.

Background and statutory framework

Title 63 of the Mississippi Code governs vehicles and traffic. § 63-3-103 contains definitions for the chapter on rules of the road.

§ 63-3-103(h) defines "electric personal assistive mobility device" as "a self-balancing two-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour."

§ 63-3-103(l) defines "electric bicycle" as a bicycle "equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than seven hundred fifty (750) watts" that falls within one of three classes.

Both EPAMDs and electric bicycles are excluded from the "motor vehicle" definition in § 63-3-103, so they do not require driver's license, registration, or insurance.

§ 63-3-208 governs EPAMD operation:

• (a) On marked bicycle paths
• (b) On streets/roads where bicycles are permitted
• (c) On sidewalks, with right-of-way to pedestrians and audible signal before overtaking

S.B. 2921, 2020 Reg. Sess. (Miss. 2020), authorized Vicksburg to enact local ordinances allowing motor-assisted scooter operation on certain public roads, sidewalks, and bicycle paths. The bill was local and private (not general statewide law) and applies only to Vicksburg.

The AG opinion line: Hedglin (2004) (the EPAMD definition requires actual self-balancing, not propped-up balance); Wilkinson (2023) (no general law on motor-assisted stand-up scooters; EPAMD framework controls if applicable; local and private legislation otherwise).

Citations

• Miss. Code Ann. § 63-3-103 (definitions for vehicle/traffic chapter)
• Miss. Code Ann. § 63-3-103(h) (electric personal assistive mobility device)
• Miss. Code Ann. § 63-3-103(l) (electric bicycle)
• Miss. Code Ann. § 63-3-208 (EPAMD operating areas)
• S.B. 2921, Reg. Sess. (Miss. 2020) (Vicksburg local and private legislation on motor-assisted scooters)
• MS AG Op., Hedglin (Mar. 5, 2004) (EPAMD must stand without kickstand or prop)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/01/R.Wilkinson-January-3-2023-Motor-Assisted-Stand-Up-Scooters.pdf

Original opinion text

January 3, 2023
Robert W. Wilkinson, Esq.
Attorney, City of Ocean Springs
Post Office Box 1618
Pascagoula, Mississippi 39568-1618
Re:

Motor-Assisted Stand-Up Scooters

Dear Mr. Wilkinson:
The Office of the Attorney General has received your request for an official opinion.
Background
Your request asks about the operation of a motor-assisted stand-up scooter. The scooter has a flat
base area where the rider places his feet. The front of the flat base has a vertical handle that extends
to near waist-height, and at the top are located a throttle and brake controls. The base of the scooter
has a wheel on the front end and another wheel on the back end, and a motor is attached for
propulsion. The scooter does not have a seat.
Questions Presented

1. May a motor-assisted stand-up scooter be operated on a public road?
2. May a motor-assisted stand-up scooter be operated on a public sidewalk?
   Brief Response
   While we find no general law authorizing the operation of motor-assisted stand-up scooters on
   public roads or public sidewalks, if the governing authorities of Ocean Springs determine that such
   scooter qualifies as an electric personal assistive mobility device, then Mississippi Code Annotated
   Section 63-3-208 mandates where they may be operated.
   Applicable Law and Discussion
   Currently, there are no general statutes governing the operation of a motor-assisted stand-up
   scooter on public roads and sidewalks. While Senate Bill 2921 authorized the city of Vicksburg to
   enact local ordinances allowing the use of motor-assisted scooters on certain public roads,
   sidewalks, and bicycle paths under certain conditions, the law was created by local and private
   legislation and by its language applies only to Vicksburg. S.B. 2921 Reg. Sess. (Miss. 2020).
   The general statutes do, however, address the operation of two other motor-assisted devices:
   electric bicycles and electric personal assistive mobility devices. An electric bicycle is defined as
   a bicycle "equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor
   of less than seven hundred fifty (750) watts" that falls within one of three classes. Miss. Code Ann.
   § 63-3-103(l). An electric assistive mobility device is defined as "a self-balancing two-tandem
   wheeled device, designed to transport only one (1) person, with an electric propulsion system that
   limits the maximum speed of the device to fifteen (15) miles per hour." Miss. Code Ann. § 63-3-103(h). Electric personal assistive mobility devices and electric bicycles are both excluded from
   the definition of "motor vehicle" found in Section 63-3-103.
   Whether the motor-assisted stand-up scooter that you describe falls within the definition of an
   electric personal assistive mobility device is a question of fact to be determined by the governing
   authorities of Ocean Springs. In addition to being a "two-tandem wheeled device," in order to be
   classified as an electric personal assistive mobility device under Section 63-3-103(h), the motor
   scooter you describe must also be self-balancing with an electric propulsion system that goes no
   faster than fifteen miles per hour. See MS AG Op., Hedglin at *1 (Mar. 5, 2004) (opining that in
   order to meet the definition of an electric personal assistive mobility device, "a device must be
   able to stand on its own without the aid of a [kick] stand or other similar mechanic prop. . . .") If
   the governing authorities of Ocean Springs determine that the motor-assisted stand-up scooter
   about which you ask meets the qualifications of an electric personal assistive mobility device, then
   such devices may be operated:
   (a) On a marked bicycle path;
   (b) On any street or road where bicycles are permitted; or
   (c) On a sidewalk, if the person operating the device yields the right-of-way to
   pedestrians and gives an audible signal before overtaking and passing a pedestrian.
   Miss. Code Ann. § 63-3-208.
   It is significant to note that the recently-enacted local and private legislation for Vicksburg uses
   the language from Section 63-3-208 in authorizing the city to enact ordinances related to the
   operation of motor-assisted stand-up scooters.
   In conclusion, if the governing authorities of Ocean Springs determine that the motor-assisted
   stand-up scooters in question are in fact electric personal assistive mobility devices, then Section
   63-3-208 controls where they may be operated. On the other hand, if such scooters cannot be
   classified as electric personal assistive mobility devices, there is no current general law specifically
   applicable to motor-assisted stand-up scooters, and like Vicksburg, Ocean Springs would need to
   pursue local and private legislation in order to enact ordinances regulating the operation of motor-assisted stand-up scooters.

If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Misty Monroe
Misty Monroe
Assistant Attorney General