A Look at Arizona Scooter Regulations
If you haven’t seen scooters buzzing around the streets of Phoenix and Tucson, you might want to get out more often. Scooters are on the fast track in the valley and it looks like they are here to stay. Before diving into local laws that may restrict or affect usage, let’s first take a look at the state-wide laws for scooters. A good place to start is Arizona Revised Statute ("A.R.S.") § 28-603.
A.R.S. § 28-603(4) establishes that electric scooters are "devices solely for human propulsion, whether electric or powered by human input…" The statute makes it clear that scooters fall into the same category as other "bicycles" peppering our valley roadways and trails. All scooter operators are "subject to all the duties applicable to the driver of a vehicle by law," unless otherwise stated in Title 28 of the Arizona Revised Statutes or rules adopted by the Arizona Department of Transportation . A.R.S. § 28-603(6). The Arizona Department of Transportation ("ADOT") has not adopted any scooter-related rules, leaving operators to look elsewhere for guidance. Nevertheless, state law does provide that if a person is operating a scooter on a sidewalk or crosswalk, the person must yield to all pedestrians. A.R.S. § 28-915(A). In addition, operators are prohibited from using electric scooters on sidewalks in business districts. A.R.S. § 28-8176(B). But what about local laws? That’s the good news for scooter lovers. Local governments, including municipalities and counties, do not have the power to set restrictions on scooters. A.R.S. § 28-641(B)(3). So, in theory, you should not find any restrictions specific to scooters in Phoenix, Scottsdale, or Tucson, as local governments do not have that power.
Licensure and Registration for Scooter Operators
Scooters, like other motorized vehicles, require a combination of licensing and registration for legal operation on Arizona’s roadways. While scooters enjoy a few exemptions under state law, these rules ensure that owners are both equipped and educated about the responsibilities associated with operating a motorized vehicle.
To operate a scooter in the state of Arizona, scooter riders must obtain a Class M learner’s permit or standard driver’s license. A Class M license is specifically intended for operating motorcycles. It allows the holder to lawfully operate all two- and three-wheel motorized vehicles within Arizona. While there is no unique classification for operation of scooters, most licensed motorcyclists have no issues operating scooters. Obtaining a Class M license requires passing a knowledge test and a driving skills test to prove safe operation of a motorcycle or scooter.
Once in possession of an appropriate license or permit, motor vehicle owners must register their scooters and carry an active, valid certificate of title. Certificates of title are issued by Arizona’s Motor Vehicle Division (MVD) and must be kept current to be eligible for legal operation. The registration process takes place in person at designated MVD offices, or through select authorized third-party vendors. Special registration is required for the following types of scooters:
Scooter owners should take care to pay the appropriate fees for registration and titling. All fees are outlined in the Arizona Department of Transportation’s Title & Registration Fee Table. A valid license will be required at the time of registration. Although a road test is not required for licensing and registration of scooters, it is important to note that an operator may undergo a road test during the licensing process if they are unable to pass a written test.
Safety Equipment and Helmets
The state of Arizona does have some minimum safety gear requirements for scooter riders. Under Arizona Revised Statutes section 28-943, people under the age of 18 are required to wear a helmet while riding their scooter. If you are 18 or older, wearing a helmet is up to you. Arizona scooter traffic laws do not require drivers of scooters to wear any other specific type of protective gear, such as elbow or knee pads, but obviously such safety gear could be useful in protecting you if you were to fall off or crash your scooter. You should also note, however, that if you choose to operate your scooter without a helmet when you are required to wear one, you can be pulled over and ticketed. And if you have a scooter or moped accident while not wearing a helmet, it could damage your chances of recovering damages for your injuries and losses.
On-Road and Off-Road Restrictions
Scooters are a type of vehicle, which classifies them as motor vehicles with two wheels. Because of this classification, Arizona scooter laws dictate where you can and cannot ride them. The following is a brief overview of the types of surfaces a scooter can legally ride and those that it cannot.
Roadways
Roadways are open to scooters, although there are restrictions. If the posted speed limit is over 25 miles per hour, a scooter must always remain within the right-hand lane of traffic. If there is a bike lane present, a scooter must remain in the bike lane, unless the lane unexpectedly ends, and only if it can move safely into the flow of motor traffic.
Bike Lanes
Scooters are permitted to operate in bike lanes, but they do have restrictions. They cannot be operated in a bike lane if it is adjacent to a one-way street. On a divided one-way roadway, scooters are not permitted in a bike lane on the left side of the roadway.
Sidewalks
If you did not obtain a bicycle license, you cannot legally operate your scooter on the sidewalk. However, electronic scooters with specific safety features may, in some cases, be legally permitted to operate on the sidewalk. These restrictions mechanisms include reflector lights of brightness and size as specified by Arizona law and are designed to be triggered by the rider.
Speed Limits and Safety Considerations
Scooter Riders are expected to travel no more than 15 miles per hour and yield to anyone crossing the roadway. It is important for scooter riders to understand that Arizona law prohibits them from trying to pass or overtake a vehicle that is in the process of making a right turn. Those who do so are likely going to come into contact with the right margin of the roadway or the passenger-side door of the motor vehicle. Arizona has several safety guidelines for scooter users:
It is against the law to ride a scooter unless all wheels are on the roadway. Scooters are not permitted to be ridden along the shoulder of a roadway. Riders must cross roadways at 90-degree angles , even if this means doing so where there is no marked crosswalk. When riding through parking lots to cut across roadways, scooter riders are encouraged to yield to all directions of vehicle and pedestrian traffic.
Scooter Violation Penalties and Fines
If you are caught breaking the many laws and rules that govern riding a motorized scooter in Arizona, you could face a wide array of penalties and fines. The type of offense and severity of the penalty will depend on the particular law you break, but even seemingly minor violations can bring about unwanted consequences that cost you money and time. A word of caution: the police have the right to stop you and issue a ticket for any slight infraction of scooter rules, so always be courteous and respectful if you get pulled over. Of course, failing to wear a helmet or protective eyewear could constitute a minor infraction. You might be fined for riding with a child under the age of five who is not securely strapped to your scooter. If you are stopped by an officer while riding three people across your scooter seat, you risk being fined if the officer believes you are taking the safety of your passengers too lightly. More serious violations include hitting a car while driving on the wrong side of the street or operating a scooter without a driver’s license. Any violation that endangers the safety of others could be considered reckless driving. For scooter riders, this is often seen in the form of driving under the influence. Another serious offense is fraudulently using someone else’s license, which is a Class 5 felony in Arizona. In addition to the penalties above, the state has the authority to order that your driving privileges be suspended. A suspended license will make it virtually impossible to reach work or take care of necessary errands. It also makes it a crime to try to drive a standard motor vehicle while your license is suspended.
Important Amendments and Changes to Arizona Scooter Laws
Recently, legislators in Maricopa County have adopted new rules that apply only to scooters, marking a shift from treating scooters under the same laws as bikes. The legislation is known as the "Maricopa County Ordinance 1." The ordinance increased the fine for violation of an Arizona scooter law to $250 from the previous $50 fine. This may only be the start of change for scooter riders in Arizona . Certain areas of the country have outlawed riding scooters in an attempt to manage the growth of shared scooters. California, for example, has outlawed scooter riding at night and mandated the use of helmets. Although not enforced, it is arguingly safer to wear a helmet while riding a scooter, especially when the rider is inexperienced or riding in a busy area.