Can a Mississippi city allow electric stand-up scooters on its public streets and sidewalks?
Plain-English summary
Ocean Springs's city attorney described a typical motor-assisted stand-up scooter (Bird, Lime, Spin-style): a flat base with a wheel at each end, a vertical handle with throttle and brake controls, no seat. The city wanted to know whether such scooters could be operated on public roads or sidewalks in Mississippi.
The AG's answer: there is no general Mississippi law authorizing operation of motor-assisted stand-up scooters on public roads or sidewalks. The closest statutory hook is the "electric personal assistive mobility device" framework, which has narrow definitions.
Mississippi recognizes two motor-assisted device categories with operating rules:
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Electric bicycles. § 63-3-103(l) defines an electric bicycle as a bicycle "equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than seven hundred fifty (750) watts" that falls within one of three classes. The pedals and seat are required by definition. Stand-up scooters lack both, so they don't qualify as electric bicycles.
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Electric personal assistive mobility devices (EPAMDs). § 63-3-103(h) defines an EPAMD as "a self-balancing two-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour." This is the Segway-style definition. The 2004 Hedglin AG opinion clarified that "in order to meet the definition of an electric personal assistive mobility device, a device must be able to stand on its own without the aid of a kickstand or other similar mechanic prop."
Both categories are excluded from "motor vehicle" under § 63-3-103.
If the Ocean Springs scooter actually qualifies as an EPAMD (self-balancing, two tandem wheels, single rider, capped at 15 mph), then § 63-3-208 governs operation:
- (a) On a marked bicycle path
- (b) On any street or road where bicycles are permitted
- (c) On a sidewalk, if the operator yields the right-of-way to pedestrians and gives an audible signal before overtaking and passing
But most stand-up scooters as commonly designed are not self-balancing. They have a kickstand, they fall over without a rider, they're propelled by a motor without active stabilization. So they likely do not qualify as EPAMDs under the AG's reading of the statute.
For scooters that don't fit either category, no general state law authorizes operation on public roads or sidewalks. The city would need local and private legislation. Vicksburg got such a bill (S.B. 2921, 2020 Reg. Sess.) authorizing it to enact local ordinances allowing motor-assisted scooter operation under defined conditions. The Vicksburg bill borrowed the § 63-3-208 language. Ocean Springs would need its own bill to do something similar.
The AG flagged that the EPAMD classification is a factual determination for the city. The city's governing authorities must look at the specific scooter and decide whether it meets the four EPAMD criteria. If it does, § 63-3-208 controls. If it doesn't, the legislative path is the only option.
What this means for you
If you are a Mississippi city attorney evaluating a scooter rental program
The threshold question is whether the proposed scooter qualifies as an EPAMD. Look at four things:
1. Self-balancing. The scooter has to stand on its own without a kickstand. Most kick-start scooters don't.
2. Two tandem wheels. One in front, one in back. Most stand-up scooters fit.
3. Single rider design. Single-passenger only. Most fit.
4. Speed-limited to 15 mph. The motor's electronic governor must enforce this. Many commercial scooters can be set at 15 mph or below.
If all four are met, § 63-3-208 governs operation. The city can adopt local rules within that framework (helmet requirements, age limits, parking rules, etc.).
If even one is not met (and the self-balancing requirement is the usual breaker), there is no state-law authority. Local and private legislation is the only path. That requires getting your local senator and representative to sponsor a bill, getting it through the legislature, and getting the governor's signature. Plan for one to two legislative sessions of work.
If you are a Mississippi mayor or city council member considering a micromobility program
Three options:
1. Limit the program to genuine self-balancing devices that meet the EPAMD definition. Some Segway-style and electric unicycle products may qualify; most kick-start stand-up scooters won't.
2. Pursue local and private legislation. Use Vicksburg's S.B. 2921 (2020) as a template. The bill should authorize specific local ordinance authority and define acceptable equipment standards.
3. Wait for general statewide legislation. Several states have adopted comprehensive micromobility statutes. Mississippi may eventually do the same.
Do not authorize general scooter operation by ordinance alone. Without state-law authority, the ordinance is unenforceable, and operators face uncertainty about liability and insurance.
If you are a micromobility operator (Bird, Lime, Spin, etc.) considering Mississippi cities
Confirm the legal status before deploying. Cities that don't have local and private legislation cannot legally authorize operation if your scooter doesn't qualify as an EPAMD. Vicksburg has the local bill. Other cities may not.
If your scooter is not self-balancing, you face a structural problem in Mississippi cities without local bills. Engage with the city attorney and consider whether your equipment design can be modified to fit the EPAMD definition (which may be impractical given the cost of self-balancing technology in this form factor).
If you are a Mississippi rider considering a personal e-scooter
Check whether your scooter is self-balancing. Most consumer stand-up scooters (Razor, Xiaomi, Segway-Ninebot kick-style models) are not. They have kickstands and fall over without a rider.
If yours is not an EPAMD, the legal status of operating on public roads and sidewalks in Mississippi is unclear. There is no general statute authorizing it. Local ordinances may say something. Private property is generally fine; public roads and sidewalks may not be. Police enforcement varies.
If you ride a self-balancing electric unicycle, hoverboard, or Segway-style device under 15 mph, you have a clearer path under § 63-3-208 (subject to the local conditions: bike paths, bike-permitted streets, sidewalks with pedestrian priority).
If you are a Mississippi legislator interested in updating mobility law
The AG opinion line (Hedglin (2004), Wilkinson (2023)) suggests Mississippi's framework hasn't kept pace with micromobility technology. Consumer stand-up scooters, electric bikes that don't fit § 63-3-103(l)'s narrow definition, electric mopeds, and similar devices fall into gaps. A general statewide statute on micromobility would let cities regulate locally instead of needing individual local bills. The Uniform Law Commission's draft Uniform Micromobility Act and other states' frameworks (CA, TX, FL) are templates worth reviewing.
If you are a police officer in a Mississippi city without a local scooter ordinance
The legal status of stand-up scooters that aren't self-balancing is unclear. Coordinate with the city attorney on enforcement policy. Prosecuting riders without a clear statutory basis is a fraught area. Disorderly conduct, traffic obstruction, or sidewalk-use ordinances may give partial coverage but won't provide a comprehensive framework.
Common questions
Q: What's the difference between a self-balancing scooter and a regular stand-up scooter?
A: A self-balancing scooter actively maintains its upright position using gyroscopic sensors and motor control (Segway, hoverboard, electric unicycle). A regular stand-up scooter is mechanically stable only when moving with a rider, and falls over without one (Razor, Xiaomi, Spin/Bird/Lime kick-style scooters).
Q: Does this rule apply to electric bicycles?
A: Electric bicycles have their own definition under § 63-3-103(l) and operate under bicycle rules. They must have fully operable pedals, a saddle, and a motor under 750 watts. Stand-up scooters don't qualify as electric bicycles because they lack pedals and a saddle.
Q: What about gas-powered scooters?
A: Different question. Gas-powered scooters with engines may be classified as motor vehicles or motorcycles depending on engine size, requiring registration, license, and insurance. Consult specific advice if relevant.
Q: Can a city ban scooters on its sidewalks under existing nuisance authority?
A: Probably yes. Cities have general authority under § 21-19-1 and § 21-19-15 to regulate sidewalk use for safety. But authorizing scooters requires affirmative state-law authority, not just the absence of a prohibition.
Q: What is Vicksburg's local bill (S.B. 2921, 2020) and can other cities use it?
A: S.B. 2921 was a local and private bill specifically authorizing Vicksburg to enact local scooter ordinances. By its language, it applies only to Vicksburg. Other cities would need their own local bills.
Q: Does this opinion apply to e-bikes that don't have pedals?
A: An "e-bike" without pedals isn't an electric bicycle under § 63-3-103(l). It might be a moped or motorcycle depending on configuration, or it might fall into the same gap as motor-assisted stand-up scooters. Consult specific advice based on the equipment.
Q: If the scooter is for personal mobility (medical disability assistance), does that change anything?
A: § 63-3-103(h) covers "personal assistive mobility devices" that meet the EPAMD criteria. ADA accommodations may also affect what cities and businesses must allow. Get specific advice if disability accommodation is the use case.
Q: Can the Mississippi Department of Transportation or another state agency authorize scooters by regulation?
A: Probably not for this purpose. State agencies act under statutory authority. Without legislative authorization for scooter operation, agency rulemaking can't fill the gap.
Background and statutory framework
Title 63 of the Mississippi Code governs vehicles and traffic. § 63-3-103 contains definitions for the chapter on rules of the road.
§ 63-3-103(h) defines "electric personal assistive mobility device" as "a self-balancing two-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour."
§ 63-3-103(l) defines "electric bicycle" as a bicycle "equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than seven hundred fifty (750) watts," falling within one of three classes (the standard PeopleForBikes class system).
Both EPAMDs and electric bicycles are excluded from the "motor vehicle" definition in § 63-3-103, so they do not require driver's license, registration, or insurance.
§ 63-3-208 governs EPAMD operation:
- (a) On marked bicycle paths
- (b) On streets/roads where bicycles are permitted
- (c) On sidewalks, with right-of-way to pedestrians and audible signal before overtaking
S.B. 2921, 2020 Reg. Sess. (Miss. 2020), authorized Vicksburg to enact local ordinances allowing motor-assisted scooter operation on certain public roads, sidewalks, and bicycle paths. The bill was local and private (not general statewide law) and applies only to Vicksburg.
The AG opinion line: Hedglin (2004) (the EPAMD definition requires actual self-balancing, not propped-up balance); Wilkinson (2023) (no general law on motor-assisted stand-up scooters; EPAMD framework controls if applicable; local and private legislation otherwise).
Citations
- Miss. Code Ann. § 63-3-103 (definitions for vehicle/traffic chapter)
- Miss. Code Ann. § 63-3-103(h) (electric personal assistive mobility device)
- Miss. Code Ann. § 63-3-103(l) (electric bicycle)
- Miss. Code Ann. § 63-3-208 (EPAMD operating areas)
- S.B. 2921, Reg. Sess. (Miss. 2020) (Vicksburg local and private legislation on motor-assisted scooters)
- MS AG Op., Hedglin (Mar. 5, 2004) (EPAMD must stand without kickstand or prop)
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/01/R.Wilkinson-January-3-2023-Motor-Assisted-Stand-Up-Scooters.pdf
Original opinion text
January 3, 2023
Robert W. Wilkinson, Esq.
Attorney, City of Ocean Springs
Post Office Box 1618
Pascagoula, Mississippi 39568-1618
Re:
Motor-Assisted Stand-Up Scooters
Dear Mr. Wilkinson:
The Office of the Attorney General has received your request for an official opinion.
Background
Your request asks about the operation of a motor-assisted stand-up scooter. The scooter has a flat
base area where the rider places his feet. The front of the flat base has a vertical handle that extends
to near waist-height, and at the top are located a throttle and brake controls. The base of the scooter
has a wheel on the front end and another wheel on the back end, and a motor is attached for
propulsion. The scooter does not have a seat.
Questions Presented
1. May a motor-assisted stand-up scooter be operated on a public road?
2. May a motor-assisted stand-up scooter be operated on a public sidewalk?
Brief Response
While we find no general law authorizing the operation of motor-assisted stand-up scooters on
public roads or public sidewalks, if the governing authorities of Ocean Springs determine that such
scooter qualifies as an electric personal assistive mobility device, then Mississippi Code Annotated
Section 63-3-208 mandates where they may be operated.
Applicable Law and Discussion
Currently, there are no general statutes governing the operation of a motor-assisted stand-up
scooter on public roads and sidewalks. While Senate Bill 2921 authorized the city of Vicksburg to
enact local ordinances allowing the use of motor-assisted scooters on certain public roads,
sidewalks, and bicycle paths under certain conditions, the law was created by local and private
legislation and by its language applies only to Vicksburg. S.B. 2921 Reg. Sess. (Miss. 2020).
The general statutes do, however, address the operation of two other motor-assisted devices:
electric bicycles and electric personal assistive mobility devices. An electric bicycle is defined as
a bicycle "equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor
of less than seven hundred fifty (750) watts" that falls within one of three classes. Miss. Code Ann.
§ 63-3-103(l). An electric assistive mobility device is defined as "a self-balancing two-tandem
wheeled device, designed to transport only one (1) person, with an electric propulsion system that
limits the maximum speed of the device to fifteen (15) miles per hour." Miss. Code Ann. § 63-3-103(h). Electric personal assistive mobility devices and electric bicycles are both excluded from
the definition of "motor vehicle" found in Section 63-3-103.
Whether the motor-assisted stand-up scooter that you describe falls within the definition of an
electric personal assistive mobility device is a question of fact to be determined by the governing
authorities of Ocean Springs. In addition to being a "two-tandem wheeled device," in order to be
classified as an electric personal assistive mobility device under Section 63-3-103(h), the motor
scooter you describe must also be self-balancing with an electric propulsion system that goes no
faster than fifteen miles per hour. See MS AG Op., Hedglin at *1 (Mar. 5, 2004) (opining that in
order to meet the definition of an electric personal assistive mobility device, "a device must be
able to stand on its own without the aid of a [kick] stand or other similar mechanic prop. . . .") If
the governing authorities of Ocean Springs determine that the motor-assisted stand-up scooter
about which you ask meets the qualifications of an electric personal assistive mobility device, then
such devices may be operated:
(a) On a marked bicycle path;
(b) On any street or road where bicycles are permitted; or
(c) On a sidewalk, if the person operating the device yields the right-of-way to
pedestrians and gives an audible signal before overtaking and passing a pedestrian.
Miss. Code Ann. § 63-3-208.
It is significant to note that the recently-enacted local and private legislation for Vicksburg uses
the language from Section 63-3-208 in authorizing the city to enact ordinances related to the
operation of motor-assisted stand-up scooters.
In conclusion, if the governing authorities of Ocean Springs determine that the motor-assisted
stand-up scooters in question are in fact electric personal assistive mobility devices, then Section
63-3-208 controls where they may be operated. On the other hand, if such scooters cannot be
classified as electric personal assistive mobility devices, there is no current general law specifically
applicable to motor-assisted stand-up scooters, and like Vicksburg, Ocean Springs would need to
pursue local and private legislation in order to enact ordinances regulating the operation of motor-assisted stand-up scooters.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:
/s/ Misty Monroe
Misty Monroe
Assistant Attorney General