Understanding New Jersey’s Laws on Electric Scooters
The ensuing legislation is fairly straightforward. As utilized in the law "electric scooter" was defined as: "(1) a bicycle with two wheels that has: (a) fully operable pedals; (b) handlebars; and (c) a maximum speed of no more than 20 miles per hour on level ground and is solely powered by an electric motor that engages only when the rider is also pedaling, which may be engaged at any time; or (2) a bicycle with two wheels that has: (a) handlebars; (b) a seat or saddle for the rider; (c) fully operable pedals; and (d) a maximum speed of no more than 25 miles per hour on level ground and has an electric motor that may be engaged at any time which powers the bicycle without pedaling . " The law further provides that, "a person 15 years or older may operate an electric scooter"; it may be only operated on roadways. The law prohibits scooters from "sidewalks, school grounds, or school property unless permission has been granted from the entity in control of the ground or school property;" motorists are prohibited from driving "within 10 feet of an electric scooter while overtaking or passing that vehicle;" and "no person shall ride an electric scooter while wearing a headset, earphones, or any other similar device" not designed to assist in communication.
Where to Ride E-Scooters in New Jersey
The permitted riding locations of electric scooters in New Jersey depend on the specific device that the individual is using. In general, there are four main types of areas where riders are permitted or prohibited from operating a device: bike paths, roadways, sidewalks, and public spaces. Certain riders also have requirements to follow.
All visitors traveling through Town Center must obey the speed limit of 25 mph while operating bicycles or scooters on the sidewalk, path, or roadway. Bicycle Zone: motorized scooters are permitted to use the same lanes as bicycles (e.g. on the existing bicycle lanes). Roadway Zone: motorscooters (except E-scooters) are permitted to share the same roadway with motor vehicles. However, riders must follow all vehicular laws. Sidewalks: motorized scooters are permitted to operate a scooter on the sidewalk if usage does not impede pedestrian travel. Public Space: motorized scooters are permitted to operate in public places unless they block pedestrian traffic or vehicular traffic.
You Need to Wear These When You Ride an E-Scooter
The safety of the rider and public is paramount when operating an electric scooter. As a traffic law, any violation that puts the rider or public at risk can lead to injury and liability. Determining liability tends to be difficult in electric scooter crashes because the vehicles are so new. Other drivers may not expect to see a battery-powered scooter on the road and could act in a negligent manner as a result. While this is not an excuse for negligence, courts may allocate partial responsibility to electric scooter riders that fail to observe basic safety laws and recommendations.
These risks underscore how important it is for riders to take seriously their personal safety. According to the National Highway Traffic Safety Administration (NHTSA), helmets are the best way for e-scooter riders to minimize their risk of head trauma in the event of an accident. The NHTSA estimates that 38 percent of all fatal motor vehicle accidents involve head injuries. This number is likely higher for electric scooters because of the inherent instability of the vehicle and the resulting lack of balance and control. Helmet usage has been shown to reduce the risk of serious head injuries by as much as 85 percent. The New Jersey Department of Health recommends that parents require all e-scooter riders in their care to wear a helmet. Children must use a Department of Transportation certified helmet when riding any type of scooter, bicycle, or skateboard. It is also wise to carefully select a helmet with good visibility colors and materials, some of the most common of these include:
The New Jersey Department of Transportation also recommends that all e-scooters have front and rear lights if they are being operated at night. Nighttime riders should wear reflective safety vests to increase their visibility. These measures are important because electric scooters are difficult for other drivers to see in dark or poorly lit conditions. The NHTSA warns that 29 percent of e-scooters are used at night. Electric scooter riders should also be on the lookout for potholes and other road obstructions to avoid an accident. In the unfortunate event of an injury, many e-scooter companies offer limited liability coverage for accidents. This can help injured riders pay for what insurance does not cover.
Getting a License and Registering Your E-Scooter
In New Jersey, operating an electric scooter does not necessarily require a specific license or recent registration, but licensing and registration requirements may still apply in other municipalities.
In 2020, New Jersey enacted legislation permitting municipalities to regulate the use of electric scooters, including determining whether a license is required. As each municipality adopts its own rules for electric scooter use, New Jersey residents should consult their local ordinances.
New Jersey law defines regulation for the first time with regard to electric scooters. The state law has simply made licensing, registration and insurance optional for electric scooters. This means that unless a municipality has required licensing and/or registration, none is needed to operate an electric scooter lawfully in New Jersey. In general, e-scooters are not subject to either driver’s licensing or registration requirements.
In 2020, only two municipalities in New Jersey have a licensing requirement for electric scooters: Plainfield and Jersey City. Plainfield requires both a license and sticker; Jersey City requires a license, but not a sticker. None of these places requires insurance, and they issue e-scooter licenses at nominal costs. Jersey City charges $14 per year, and Plainfield charges $10. However, obtaining these licenses is required before you can legally operate an electric scooter in either municipality.
In Jersey City, a motorized scooter is defined as:
Any non-pedal powered two-wheeled vehicle with handlebars and a floorboard that is fully contained within the two wheels and that is powered by a motor, which may be a separate propulsion device, is designed to be propelled by a wheeled mechanism such as tracks or belts, or that is powered by human propulsion or a combination of human and electrical or other power sources. The term includes, but is not limited to, electric scooters, electric foot scooters, minibikes, mopeds, play scooters, pocket bikes, electric bicycles, electric personal assistive mobility devices, and self-balancing devices such as the Segway personal transporter, hoverboards, and similar technologies.
Penalties and Fines of Riding an Unauthorized E-Scooter
In New Jersey, as is the case across the nation, enforcement of traffic laws gained renewed teeth when electric scooters surged in popularity on city streets and sidewalks. And with renewed law enforcement attention came bad news for those who equate riding an e-scooter with operating a skateboard or rollerblading. Any assumption from those new to the rules will be a costly one.
Penalties and fines will be assessed for such common violations as riding an e-scooter and driving it against traffic, failing to yield to pedestrians, exceeding the speed limit, ignoring traffic signals and riding on sidewalks . A penalty range of $50-$100 will be assessed for first-time offenders of the above-mentioned traffic violations, which will increase for subsequent offenses to a range of $100-$200. A fine of $100 will also be imposed if an electric scooter is ridden by two or more passengers at a time.
A few additional violations that will set e-scooter riders back include those for: failing to properly register with the Motor Vehicle Commission and affix registration plates to the rear of their scooters. Penalties for first-time violators range from $100-$500 while repeat offenders face fines from $500-$1,000.
Effect of the E-Scooters on Transportation in New Jersey
Electric scooters are viewed as a solution to several issues that NJ faces regarding public transportation. The scooters are hailed as a way to move NJ residents more efficiently and quickly than typical methods, helping to alleviate some of the burden on the expensive transportation system that NJ has developed over years. The scooters are also considered to be a great way to promote safe and responsible driving habits by providing another means of transport for those who cause trouble on the roads.
The public reception of electric scooters has been mixed, but there is an enthusiasm for the concept among people who live in urban centers such as Newark and Jersey City, or who travel to those downtown areas for work. There have been mixed reactions when it comes to the rental companies allowing their products on the roads, with some feeling that it was potentially dangerous to do so, and other groups supporting it due to its overall benefits to the community.
The biggest benefit of scooters to both paying riders and NJ’s transport system overall is simple – a reduction in traffic congestion. NJ, with its high population, has little room for car travel, and even its well-developed train system is starting to reach capacity. People who would have driven cars to work, run errands, or spend time with friends and family can instead turn to scooters for a mode of transport that is appealing, cost-effective, fast, and efficient. With scooters on the road instead of full-sized motor vehicles, there are simply fewer vehicles utilizing the infrastructure, reducing congestion and wear-and-tear on the system.
Scooters are also available at a much lower price than many methods of public transport. The costs of a scooter rental are substantially lower than the costs of using the train, or other services, with the average price being only about 85 cents per trip. Local taxi services may be less expensive, but since they have yet to embrace the gig economy, their high costs for service make people more likely to use scooters than traditional taxis.
Scooters are also considered an overall safe transportation method, especially for curious young drivers. Scooter companies require that all riders sign a liability waiver before using a scooter, ensuring that the risks associated with riding are clearly explained and understood. Riders are also required to be of a minimum age, which is another step in helping make sure that no rider is putting themselves at risk.
What Does the Future Hold for Electric Scooter Laws in New Jersey
As with other areas of the law, the legal and regulatory framework for electric scooter use will likely continue to develop over time. For example, even though the Electric Power Vehicle Act was enacted years ago, it was only amended as recently as 2019 to allow companies like Lime and Bird to, potentially, legally operate electric scooters in New Jersey. We will continue to monitor any developments in the electric scooter space in New Jersey.
It is possible that the New Jersey Legislature could pass additional laws , or make other amendments to the State’s vehicle and traffic statutes, to further regulate the use of electric scooters and similar devices. Perhaps New Jersey courts will decide future cases which provide new guidance on the interpretation of the existing law in this area to help clarify these issues.
Until then, Lime, Bird, and similar companies will have to operate within the bounds of the existing rules.