Florida Estate Planning Lawyer Blog
People who have been to a major Florida city, including Jacksonville, Orlando, Tampa or Miami, will have no doubt noticed the massive influx of electronic scooters, bikes and skateboards. These vehicles are often ridden on sidewalks, to the chagrin of pedestrians, and on the sides of the road, to the chagrin of drivers.
But this begs the question: What are these vehicles and how are they categorized under the law? Are they an extension of the person and thus treated as someone walking on a sidewalk would be? Or are they viewed as motorized vehicles like a moped or motorcycle? This article seeks to answer that question, and more.
BACKGROUND:
The term “scooters” used to refer to Razor scooters and other heavy metal monstrosities that terrorized ankles everywhere. Now, to the newer generations, the term refers to Bird, Lime, Spin, Link, and other single-word companies that have offered rental programs for e-scooters.
Many of these companies seemingly popped up out of nowhere and surprised both citizens and governments alike. At the beginning of the e-scooter craze, many companies just dumped these scooters on city blocks and left it to the municipalities to figure out how to govern. This has caused laws on e-scooters to vary widely across the U.S., and even across Florida.
E-scooters aren’t the only issue. Electronic bikes, or “e-bikes,” have also been on the rise across the globe, and current trends indicate that the growth will not be ending any time soon. With more of these vehicles on the road than ever it is important to plan for possible future accidents, malfunctions, or other possible liability-causing events.
LEGAL FRAMEWORK:
Under Florida Statutes, e-scooters and e-bikes do not have to be titled to be operated on Florida roads, nor do they have to be registered.[i] The law indicates that the riders of these types of vehicles shall have the same rights, duties and privileges of a bicycle rider, which is also governed under Florida law.[ii]
Despite these vehicles not needing to be registered, there are several restrictions and requirements that govern their use in Florida. First, local governments can pass legislation governing the use of these vehicles on bike paths, trail networks, or other roadways and sidewalks. Additionally, these vehicles require the user to be at least 16 years old and, in some cases, have a valid driver’s license.
While nothing has been published relating to the regulation of electronic skateboards, currently, they are treated the same as skateboards without a motor attached. There is also an argument to be made that, due to the lack of specific reference in the statutes, an electronic skateboard would fall under the below definition of “motor vehicle” detailed in Florida Statute 320.01(1)(a), which would make it far more heavily regulated:
- An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power. . .
Scooters are becoming increasingly popular, especially with the younger generations, but many Personal Injury Protection (PIP) insurance policies do not cover scooter accidents. Because electric scooters do not have to be registered under Florida law, Florida riders are also not required to carry insurance like they are for motor vehicles.
In addition to considering Florida’s laws and regulations governing e-vehicles, it is important to look to your particular city or town’s ordinances as well. Jacksonville, for example, has a chapter of the city’s municipal code dedicated to “Dockless Mobility Programs”. This provision governs any electric bicycles or scooters that are available for rent within the city, but does not include any guidance for electric bicycles or scooters that are owned by the user.[iii]
A strategy that is becoming increasingly popular in Florida is the creation of an irrevocable “Vehicle Trust”. This is a type of trust that helps to remove incidents of ownership from the owner of the vehicle. Depending on the type of vehicle being operated, an accident can result in liability for both the driver/operator of the vehicle as well as the owner. If anyone borrows or uses your vehicle, whether it is a car, bike, scooter, motorcycle or boat, it is worth CONTACTING A FLORIDA ASSET PROTECTION ATTORNEY to determine if this type of trust could help protect you and other assets from liability created by the ownership of a vehicle in Florida.
CONCLUSION:
Motorways and pedestrian areas will only become more clogged as individuals opt to rent or purchase e-vehicles and use them to travel in lieu of automobiles. If you are ever injured in an accident involving a scooter, e-bike or other motorized vehicle, it is important to explore your options and to document the event to the best of your ability.
The best way to protect yourself ahead of a potential crash is to create an asset protection plan, and to include your motorized vehicles of all types. Contact a Florida asset protection lawyer to get started on an asset protection plan today.
[i] https://www.flhsmv.gov/driver-licenses-id-cards/motorcycle-rider-education-endorsements/motorcycle-motor-scooter-moped-and-motorized-scooter/
[ii] Fla. Stat. § 316.2065
[iii] Jacksonville, Florida – Code of Ordinances – Chapter 235 – DOCKLESS MOBILITY PROGRAMS