Were two-wheeled electric scooters vehicles under Louisiana traffic law, and could cities regulate them?

Plain-English summary

The Louisiana Municipal Association asked about two-wheeled electric scooters with handbrakes capable of roughly 15 to 22 miles per hour. In Opinion 03-0383, the AG said those scooters were vehicles under Title 32 because they transported people and were neither human-powered nor rail-bound. It also said municipalities could regulate traffic on roads within their statutory authority.

The opinion discussed equipment inspection and licensing requirements for vehicles and possible motor-driven-cycle rules, depending on the scooter's motor. It said sidewalks were intended for people afoot, not scooter traffic.

Currency note

The full issue date is not legible in the available official extract. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Municipal traffic officials

La. R.S. 32:41 allowed local traffic ordinances on roads other than state-maintained highways within a municipality. For state-maintained highways, the opinion required written approval from the Department of Transportation and Development.

Scooter riders

The AG said the described electric scooters met the vehicle definition. If one also met the motor-driven-cycle definition, specific lighting, brake, and eye-protection rules would apply. The opinion noted that many scooters lacked the equipment needed for inspection and that motor-vehicle operators needed a driver's license on public roads.

Common questions

Did the AG treat these scooters as toys outside traffic law?

No. It classified the described electric scooters as vehicles under Title 32.

Could a city regulate scooter traffic on a state-maintained highway?

The opinion said local regulation there required written approval from the transportation department.

Could the scooters use sidewalks?

The AG concluded sidewalks were intended for pedestrians, not scooter traffic.

Background and statutory framework

La. R.S. 32:1 supplied the vehicle, motor-driven-cycle, sidewalk, and pedestrian definitions. La. R.S. 32:53 concerned vehicle equipment and inspection. La. R.S. 32:41 and La. R.S. 32:42 described municipal and parish traffic-rule powers.

Citations and references

• La. R.S. 32:1: vehicle and related definitions.
• La. R.S. 32:53: vehicle equipment.
• La. R.S. 32:41: municipal traffic authority.
• La. R.S. 32:42: parish traffic authority.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0383

Original opinion text

DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
CHARLES C. Fo’n, JR.
ATTORNEY CENERAL

FEB 0 5 004
OPINION NO. 03-0383

Mr. John A. Gallagher, Staff Attorney
Louisiana Municipal Association
700 North 10th Street
P. O. Box 4327
Baton Rouge, LA 70821

Dear Mr. Gallagher:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask if electric scooters with two wheels, handbrakes and are capable of between 15and 22 miles per hour fall within the definition of ’~ehicle" in Title 32 of the Revised Statutes? You also ask if municipalities can regulate the safe and lawful use of these particular scooters in accordance with Title 32 of the Revised Statutes?

The definition of vehicle in Title 32, Section 1 (92) is as follows:

(92) ’~/ehicle" means every device by which persons or things may be transported upon. a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks. A bicycle or a ridden animal shall be a vehicle, and a trailer or semitrailer shall be a separate vehicle.

According to the definition given above, the electric scooters you describe are vehicles and are not exceptions to the definition since they are not human-powered or used exclusively upon stationary rails or tracks.

Another pertinent definition in La. R.S. 32:1 is found in Section 1(39). A "motor driven cycle" which is every motorcycle, including every motor scooter, with a motor of not to exceed five horsepower.

Civd Division Livingston B.ilding 1885 North ~,t Sta-eet. Baton Rouge, I ouisiana 70802 Felephone 225/326-6000 Facsimile: 2Z25/326-6096

Page 2

Mr. John A. Gallagher
OPINION NO. 03-0383
Page - 2 -

Louisiana Revised Statute 32:53 sets’out the requirements for proper equipment that must be on a vehicle before the vehicle can be driven upon the highways of this state. This statute requires all vehicles to be inspected, approved and bear an inspection tag showing the vehicle meets the inspection requirements set out in La. R.S. 32:1301 to 1310. As is readily apparent, many electric scooters do not possess the equipment needed to pass an inspection.

If the vehicle is determined to be a motor driven cycle, specific statutes such as La. R.S. 32:324, which deals with lighting equipment on motor driven cycles, La. R.S. 32:345, which deals with brakes on motor driven cycles, and La. R.S. 32:190.1, which deals with eye protective devices, control.

Additionally, a driver’s license is required for all operators of any motor vehicle before driving or operating any motor vehicle on any public street, road or highway of this state.

Your second question asks if municipalities can regulate the safe and lawful use of these scooters. Please refer to La. R.S. 32:41 which sets out the power of local municipalities. This statute can be summarized by stating that municipalities are given the authority to adopt ordinances regulating traffic on highways other than state maintained highways within their corporate limits. Further, local municipal authorities may adopt ordinances regulating traffic on state maintained highways if they are approved in writing by the Department of Transportation and Development.

Local parish authorities are also given the power to regulate highways other than state maintained highways and public roads within their territorial limits, but outside of the corporate limits of any municipality. (See La. R.S. 32:42).

Many are also asking if these scooters can be legally operated on sidewalks. According to La. R.S. 32:1(66), a =sidewalk" means that portion of a highway between curb lines, or the lateral lines of a highway, and the adjacent property lines, intended for the use of pedestrians.

According to La. R.S. 32:1(48), a pedestrian means any person afoot. Therefore, sidewalks are intended for the use of persons afoot (pedestrians) and not those on vehicles.

Page 3

Mr. John A. Galllagher
OPINION NO. 03-0383
Page - 3 -

In summary, two wheel electric scooters are vehicles which may be regulated by Title 32 and by local municipalities. Additionally, sidewalks are intended for the use of pedestrians and not for scooter traffic.

We trust this sufficiently answers your questions. However, if you should need anything further do not hesitate to contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

Prances J. Pitman(/’
Assistant Attorney General

CCF,Jr./FJPIsc