Monday, January 26, 2026

Post 64: Regulating Micromobility

 My decision to write an article on this topic was partially a result of a recent event less than six miles from my house.  A 10-year old boy was riding an e-scooter on a moderately busy street when he decided to cross mid-block from one side to the other.  He was struck by a car whose driver did not anticipate his actions and the boy suffered a significant head injury despite the fact that he was wearing a helmet.  His injuries led to his death a few days later.  After a police investigation, the driver of the car was found innocent of any wrong-doing.

It turns out that the micromobility world (e-bikes and e-scooters) has a dark side.  The growing popularity of electric bikes and scooters is being accompanied by a growing concern about their safety and their impact on other forms of transportation.  Unfortunately, hard data is hard to come by but anecdotal evidence is piling up.  Doctors at Penn State Health Children’s Hospital, for example, treated more kids injured in micromobility related accidents in the first 10 months of 2025 than in the three previous years combined. [1]  Social media posts showing riders weaving in and out of traffic, doing “wheelies” at high speed, or ignoring stop lights and traffic signs are commonplace.  Such behavior puts both pedestrians and vehicular drivers on edge and undoubtedly contributes to accidents both trivial and serious.


The result is that city halls across the country are being flooded with complaints asking city leaders and police departments to take action.  Some of those actions have been well-reasoned responses while others have been knee-jerk over-reactions.  Micromobility laws already varied fairly widely on a state-by-state basis, but with new local regulations layered on top, the result is threatening to become an indecipherable mish-mash.  My goal with this post is to suggest ways that micromobility can coexist with other forms of urban transportation and to suggest a general framework within which logical regulations could be developed if needed.


I approach this subject as an owner and regular user of both an e-bike and an e-scooter (although I have come to prefer my e-bike).  I also drive a car on an almost daily basis, and I take mass transit on an occasional basis.  I do have a bias, however.  I firmly believe that cities function most effectively when a wide variety of transportation options are available, so I am not going to argue that cars or bikes or buses should be predominant.  Cities need to figure out how to be multi-modal.


The problems posed by micromobility devices are not really new.  The same problems have existed for years with traditional bikes and, more recently, skateboards.  But for some reason, adding an electric motor has made the issues significantly worse.  I’m going to focus on e-bikes and e-scooters but much of what I suggest applies to traditional (or analog) forms of personal transportation as well.


Understanding Transportation Scale


Much of the problem stems from the fact that we squeeze a variety of transportation modes into a generic street design with limited space.  While there are streets with clearly separated pedestrian sidewalks, bike lanes and traffic lanes, they are relatively rare.  Some streets don’t even have sidewalks, which means that everything happens on the street pavement in some form of transportation free-for-all.  To make matters worse, streets can also be used as parking areas and, occasionally, playgrounds.


Here is rough description of the differences in speed and scale (using weight as a proxy for size) between common transportation users on an urban street:


  • A mother pushing a stroller:  2-3 mph, 130 - 180 lbs

  • An adult walking for exercise: 3-4 mph, 120 - 200 lbs

  • A 10-year old riding a traditional bike:  6-10 mph, 80 - 110 lbs

  • A 12-year old on an e-scooter:  8-15 mph, 90 - 120 lbs

  • A 15-year old riding an e-bike:  12-25 mph, 160 - 180 lbs

  • An adult commuting on a traditional bike:  12-20 mph, 180 - 220 lbs

  • An adult on an advanced e-scooter:  15-25 mph, 200 - 250 lbs

  • An adult on an advanced e-bike:  15-30 mph, 210-260 lbs

  • An adult(s) in a car:  25-45 mph, 3,000 - 4,000 lbs


There are two points I’m trying to make with this list.  The first is that we routinely put transportation users of vastly different scale and speed in very close proximity to one another.  This requires that we trust the other users to act in predictable ways that roughly follow an agreed upon set of “rules of the road” so that we are not constantly running into one another.  Most of these rules are codified as traffic laws, but many are simply expectations about what others are likely to do.  The second point is that simply adding a battery and electric motor to a bike or kick scooter suddenly ups their speed by 50 percent or more, and makes them so convenient to use that their popularity has exploded.  This is particularly true among pre-teens and teenagers who can’t drive.  E-bikes and e-scooters have provided not only increased mobility, but also independence from parents (and parental oversight).


Although an e-bike can go significantly faster than a traditional bike, it doesn’t become more visible to other drivers, the judgement and decision-making of the rider doesn’t suddenly improve, and the maneuverability of the bike actually declines because of its greater speed and weight.  Combine that reality with the fact that most kids under 15 years of age have no clue about the rules of the road, and this is a recipe for accidents on a routine basis.


Not All Micromobility Devices Are the Same


Regulations generally begin by defining the thing being regulated.  Unfortunately, the first problem facing anyone trying to develop reasonable regulations is that the generic terms “e-bike” or “e-scooter” cover a wide variety of vehicles.  Consequently, requirements that treat all e-bikes or e-scooters the same run the risk of being overly broad or even nonsensical.  There is a classification system for e-bikes – although I don’t think it is all that useful – but there is no equivalent system for e-scooters.


Car and Driver magazine recently tested eight e-scooters from popular manufacturers looking for the “best” e-scooter for 2026. [2]  Included in the test was the Segway Ninebot E2 Plus which has a top speed of 15 miles per hour, a range of 10 miles, and a weight of 34 pounds.  The E2 Plus can be purchased from WalMart for roughly $320.  Also in the test was another scooter from Segway, the SuperScooter GT2 which has a top speed of 41 miles per hour, a range of 26 miles and a weight of 117 pounds.  The SuperScooter can only be purchased from Segway, and it comes at a price of approximately $2,700.  Although on the surface they look similar, the operational characteristics are so different that they are going to appeal to a very different customer base and be used in very different ways.  As a result, regulations that treat them the same – not to mention the dozens of other scooters that fall on the spectrum in between these two – are unlikely to make much sense.

Segway E2 Plus
Range: 10 miles; Speed 15 mph



In theory, the 3-class system developed by PeopleForBikes (an advocacy group) in conjunction with the bicycle industry should make things better with respect to e-bikes.  It does, for example, make it easier to distinguish e-bikes from state licensed vehicles such as mopeds and motorcycles.  Beyond that, however, I am sceptical of its value.  The system, in a nutshell, works like this:



  • Class 1:  pedal-assist only (no throttle), max assisted speed = 20 mph

  • Class 2:  pedal-assist and/or throttle, max assisted speed = 20 mph

  • Class 3:  pedal-assist only, max assisted speed = 28 mph


This system sounds at least moderately useful if the goal is to limit speed (e.g. no class 3 bikes) or if the goal is to limit throttle-based bikes (e.g. no class 2 bikes).  Unfortunately, there are three significant problems.  First, there is a lot of rule-bending when it comes to class 3 e-bikes.  Many bikes are sold as class 2 e-bikes with a throttle that is software-limited to a maximum assisted speed of 20 miles per hour.  They are specifically designed, however, to be “switchable” to class 3 simply by changing a system setting and the internet abounds with tutorials on how to bypass the throttle limits so that the bike can reach 28 miles per hour (or more) without any pedaling involved.  To make matters worse, some manufacturers simply ignore the class rules altogether and sell throttle equipped bikes that can top 30 miles per hour without any modifications.

Bandit X-Trail Pro
Dual Motors; Top speed 42 mph



Second, many e-bike owners are unclear on exactly what class of bike they own partly because of the whole “switchable” design thing and partly because many bike shops don’t tell buyers about the classification system.  I found out that my e-bike was class 1 only because the bike had an identifying sticker and I took the time to look up what it meant online.  The result is that regulations based on e-bike classes are likely to confuse many e-bike owners.


Third, aside from the existence of a throttle or not, most law enforcement personnel have no way to field verify what class a particular bike is in.  Many class 1 and class 3 bikes are virtually indistinguishable from each other, and switchable designs can make class 2 bikes operate in ways that are legal in some situations and then clearly illegal when police officers aren’t looking.


Bans Are Not The Answer


Some communities – mostly small, suburban cities – have banned electric bikes and scooters entirely.  This is a ridiculous decision to make, in my opinion.  Imagine banning cars in 1910 because they were startling the horses.  The micromobility genie is out of the bottle and bans are a lazy approach to the problem that labels a city as being backward in their transportation policies.  Any new technology is disruptive, but the better approach is to develop ways to adapt and integrate the new technology, not ban it.


Several studies have shown that the spread of micromobility options has a variety of benefits:  less traffic congestion, less air pollution, less land lost to parking lots, less money spent on transportation costs, and less time stuck in traffic jams. [3]  Most importantly, however, is that micromobility has dramatically improved transportation options for the segments of the population that cannot afford a car or are unable to drive.  E-bikes and e-scooters are far faster than walking, offer more flexibility than traditional transit services, and are far less expensive than taxis or Ubers.


A Better Regulatory Framework


A smarter approach to micromobility regulation is to focus more on the behavior of the rider and less on the physical vehicle.  This is consistent with how other traffic regulations are enforced.  The traffic laws don’t vary for minivans versus sports cars, they focus on whether the driver is speeding or running red lights.  Similarly, cities should focus on the behaviors they find dangerous or threatening and craft ordinances that make those behaviors illegal.


There are, however, some regulations that could apply to all electric bikes and scooters which I feel should be considered at the state level.  For example, should there be a minimum age requirement for using either e-bikes or e-scooters in the public right-of-way (roadways and public sidewalks)?  In my opinion, the answer is “yes” and the minimum age should be at least 13 or 14 years of age.  Should helmets be required?  Again, my opinion is “yes”, at least until the age of 16 or 18.  I would also support some type of rider registration if it can be done online with minimal cost.  The value of this step is to require riders to verify their age and their familiarity with at least the basic rules of the road.  It would give law enforcement personnel some field-accessible data about the rider and it would prevent the “I didn’t know” excuse if riders broke traffic laws.  Finally, the state should clearly define what is an e-bike and what should be treated as a licensed moped or motorcycle.  In my mind, anything with an assisted speed over 28 miles per hour does not belong in the e-bike category.


Having just outlined a role for state-level regulations, I want to point out the need not to go overboard.  New Jersey, for example, recently rushed a bill into law that is being called the “most restrictive e-bike law in the country.” [4]  It requires that all e-bike riders be at least 15 years of age, with some form of drivers license, and that all e-bikes be registered with the state.  In addition, class 2 and 3 e-bikes must be insured.  These requirements are a significant burden on the people who are most dependent on e-bikes for transportation and do relatively little to actually improve safety.  In my mind, this is just a way to disincentivize e-bike usage.


Before any local regulations are crafted to go on top of state regulations, cities need to think about their transportation priorities, including their commitment to building streets that are safe for multiple modes of travel.  For example, it is my opinion that enabling safe and convenient walking should be considered sacrosanct in virtually every city.  Too many cities (or at least portions of cities) have been designed to make walking subservient to the automobile.  Major progress has been made in remedying that situation by improving crosswalks and sidewalks, and slowing down vehicular traffic in key locations.  I would hate to see that progress upended by allowing e-bikes and e-scooters to terrify pedestrians.


At the same time, micromobility options have become such a crucial transportation option that cities need to make sure they can be used to access the entire community.  This may be difficult to do safely in some areas where we have built our roadway infrastructure to be so auto dominated that biking and scooter options are almost nonexistent.  In those situations, cities need to devote a portion of their capital improvements budget to building bike lanes, or at least shared bike/pedestrian pathways.


The ideal solution.  In a perfect world, there would be separate sidewalks for pedestrians, traffic lanes for automobiles and trucks, and bicycle lanes for all types of bikes and e-scooters.  Traditional bikes, e-bikes and e-scooters are all relatively close in size and speed – close enough that they should be able to coexist in well designed bike lanes.  Pedestrians are clearly slower, and motor vehicles are clearly much larger and often significantly faster.  Unfortunately, we don’t live in a perfect world so streets with all three types of facilities are relatively rare.  Where bike lanes do exist, bikes and scooters should be required to use them except when turning movements require that they use a lane of traffic – and when the bike lanes are reasonably maintained.  A bike lane that is littered with branches, broken glass and trash is not really a functional bike lane.  Cities need to not just build bike lanes, but maintain them as well.


No sidewalks.  My opinion is that e-bikes and e-scooters do not belong on sidewalks, period.  This is not a universally shared position, but it goes back to my opinion that the pedestrian realm should be sacrosanct.  Most residential sidewalks are too narrow to safely accommodate pedestrians along with e-bikes or e-scooters, and most commercial sidewalks are too crowded with pedestrians to make it safe there either.  I’m not crazy about bikes and scooters on shared bike/hike trails to be honest, but at least those paths are generally much wider than a typical sidewalk and pedestrians know that they should expect to be passed by riders going at a faster speed.  Still, a speed limit of 10 to 12 miles per hour and a requirement to give an audible warning before passing (either a bell or a verbal “on your left”) should be enforced.


My first experience on an e-scooter was in downtown Dallas probably 10 years ago when I signed up for a scooter sharing service while attending a conference.  The experience was exhilarating, but downtown Dallas was not a particularly friendly environment for either bikes or scooters.  I split my time between riding on the sidewalks – where I felt I was a threat to pedestrians – and riding in the street in a lane of traffic where I felt I was an impediment to traffic flow.  In retrospect, I probably should have stayed in the street but I’m sure I would have eventually gotten some crap from drivers unhappy with my 15 mile-per-hour speed.


This is the problem with moving a young teenager on an e-scooter or e-bike from the sidewalk to the street.  They will be easily intimidated by motorists not wanting to share the road which is likely to lead to them riding in the gutter and having cars zoom past just inches away.  On a side street, it is much easier to move toward the curb for a brief time to allow a car to pass, but on busier streets that can be a fatal mistake.  E-bike and e-scooter riders need to learn when taking an entire lane of traffic is the right thing to do.  The lesson here, of course, is that parents need to review with their children the safest routes to take to reach their normal destinations, and the streets that should be avoided at all costs.  In fact, it would not be unreasonable in my opinion to prohibit bikes and scooters on streets with high traffic volumes unless riders can maintain a pace of 20 to 25 miles per hour.


Stop signs and stop lights.  As a life-long bike rider (both analog and electric), I have to admit that I have cruised through countless stop signs without fully stopping.  I do, however, slow down and look carefully both ways before proceeding.  And if there is cross-traffic, I do stop completely until it has cleared.  What I am describing is illegal in the Kansas City area, but legal in roughly 20 states that have adopted “Idaho stop” or “stop-as-yield” laws for bicycles.  The other 30 states need to get on board with this trend.


This recommendation really has nothing to do with e-bikes or e-scooters in particular.  In fact, traditional bike riders would probably benefit the most.  This behavior, however, is often cited as proof that e-bike riders are just lawless idiots.  The reality is that most cities go crazy installing stop signs more or less randomly throughout neighborhoods as a way to slow down vehicular traffic on side streets.  This approach is needed because the streets have been so badly designed that drivers routinely go faster than they should.  Stop signs are so common in many cities that even cars don’t come to a full stop.  Bike riders pay the price for this poor design, particularly when they choose side streets as a safer alternative to riding on major streets clogged with cars.  If cities want to shift e-bike and e-scooter traffic to routes with fewer cars, then allowing them to treat a stop sign as a yield sign is a must.


Traffic signals, on the other hand, are an entirely different matter.  While stop signs are cheap enough that they can be scattered randomly, traffic signals are expensive pieces of equipment that are only installed when a series of guidelines specified by the Manual on Uniform Traffic Control Devices are met.  This means that if you are riding up to a red light on your e-bike, there is probably a good reason why you should stop.  Yes, there are situations in which the stop light is red but there is no cross-traffic in sight.  But in contrast to stop signs, that is generally the exception not the rule.  My opinion is that all bikes and scooters need to obey traffic signals at all times, and riders who don’t should be ticketed by the police.


A few states have carved out an exception for intersections where the traffic signal sensor is not sufficiently sensitive enough to realize that a bike or scooter rider is waiting for the light to turn green.  In those states, the bike rider is allowed to proceed after coming to a full stop if the cross-traffic has cleared.  I think signal technology has improved to the point where that shouldn’t be a major issue in most cities, but I understand the logic.


Another e-bike/e-scooter behavior that I find problematic is when a rider in traffic takes a full lane when moving, but at a stop light will move to the gutter to loop around cars so they can be first in the queue when the light turns green.  If you are going to take up a lane when riding in traffic (which is generally justified), then abide by that decision when you are stopped at a signal.  If bike riders want to be treated as a legitimate vehicle deserving of space on a public street, then they shouldn’t undermine that position by weaving through cars that are stopped or moving slowly.  Doing so makes them an unpredictable traffic hazard that irks drivers to the point that they push for over-the-top e-bike regulations.


The Bottom Line


There certainly have been problems with e-scooters and e-bikes in many cities across the country but they should be seen as growing pains in a new mode of transportation, not as a fatal flaw.  Regulatory adjustments may well be needed, but they should focus on the behavior of the rider more than the device itself.  Above all, cities should not ban micromobility devices because they have proven their value to a segment of the population that doesn’t have many other options.


Although there is a role for state and local regulations, what is really needed is more education for bike and scooter riders.  The problem is that there is no obvious organization to take on that responsibility.  Schools are the most likely option, but transportation safety is not at the top of their priority list.  There are good resource materials available, but getting kids (and adults) to take the time to understand them is another matter.  I think the State of Oregon, for example, has done a reasonably good job in this regard. [5] 






Notes:


1. “The Medical Minute:  E-bike and e-scooter injuries on the rise in children”; October 2025; Penn State University; https://www.psu.edu/news/hershey/story/medical-minute-e-bike-and-e-scooter-injuries-are-rise-children


2. Katherine Keeler; “Tested:  Best Electric Scooters for 2026”; November 2025; Car and Driver; https://www.caranddriver.com/car-accessories/g62530668/best-electric-scooters-tested/?utm_source=google&utm_medium=cpc&utm_campaign=mgu_ga_cd_md_comm_pmx_hybd_mix_us_18715054781&gad_source=1&gad_campaignid=18707942106&gbraid=0AAAAACfH9WjJxntGezPLolk_36PfUVewh&gclid=CjwKCAiAmp3LBhAkEiwAJM2JUIntMj8FZOo2m__ip3odpBaYoxncEsIok3GChFwW5XcDdEm63oXgxxoChwoQAvD_BwE


3. Yasemin Bayrak, et al.; “The micromobility city:  Measuring the impact of greater bicycle use”; January 2024; McKinsey & Company; https://www.mckinsey.com/features/mckinsey-center-for-future-mobility/our-insights/the-micromobility-city-measuring-the-impact-of-greater-bicycle-use


4. Dr. Ash Lovell, “New Jersey Passes Most Restrictive E-Bike Law in the U.S.”; January 2026; People For Bikes; https://www.peopleforbikes.org/news/new-jersey-most-restrictive-ebike-law


5. “Oregon Bicycling Manual”; 5th Edition; Oregon Department of Transportation; https://www.oregon.gov/odot/programs/tdd%20documents/oregon-bicyclist-manual.pdf



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