A look into the regulation of e-scooters
We have highlighted some of the most important issues to consider when proposing e-scooter regulation for an area such as a city or state. These issues include service area, permit cost structure, company and unit caps, title and registration, maintenance, data sharing and data privacy. No matter the stance your city takes with respect to E-scooters, addressing these topics and taking a position one way or another is key to having an effective body of E-scooter regulatory law.
Service Area: This article examines the limitations and municipal considerations for creating a dockless mobility geofenced service area. Speed limits and off limit areas via geofencing help provide a safe atmosphere for both the E-scooter users and the public. Additionally, this article includes drafted legal language regarding implementation or regulation of E-scooter service areas.
Permit Cost Structure: This article examines how cities have structured their permit cost schemes, and have used the cost of a permit as both a revenue tool in the sense that this is an easy way for a city to make a profit, but also as a regulatory tool, to limit the overall number of scooters in their city.
Company and Unit Caps: This article touches on two of the ways for municipalities to integrate E-scooters into their city. Further, this article provides examples of E-scooter caps in place in cities around the United States. Lastly, included in this article is suggested legal language for hard capping the number of scooter operators and or E-scooters operating within a city.
Title and Registration:This article addresses an immediate issue facing some states, where existing law is complicating the implementation of E-scooters. Through the example of South Carolina law, this article suggests a reclassification of E-scooters to avoid conflicting with existing state law. Lastly, this article includes drafted legal language regarding potential conflicts with title and registration of E-scooters.
Maintenance: This article serves to provide information regarding the ways E-scooter companies internally regulate maintenance and service standards and how municipalities can externally regulate such standards. Maintenance and service includes the upkeep of E-scooters, involving charging E-scooter batteries, balancing tires, repairing and removing damaged, inoperable, and non-functional units. Regulations are meant to ensure the safety of users, provide an adequate standard of service, prevent overpromising for permits, and regulate environmental effects. This article provides drafted legal language regarding E-scooter maintenance.
Data Privacy: This article provides insight for cities, operators, and users regarding the importance of identifiable user data, how it should be kept safe, and its appropriate uses. Data collection of users and their rides is imperative to a proper implementation system in each city. After a city has successfully implemented E-scooters in its community, however, it must be careful with what data it continues to keep and for how long it is retained. Finally, operators must be aware of instances when certain disclosures of user data may not be disclosed to the public.
See this table for a comprehensive overview of E-scooter Regulations.