Wiktor Wise
Electric scooters, or e-scooters, have become a popular mode of transportation in cities across New Mexico. However, the state currently lacks a universal law defining electric scooters, leading to some confusion regarding their classification and regulations. While some cities have implemented their own e-scooter laws, the absence of a statewide definition has resulted in varying interpretations and enforcement approaches. This situation has prompted legislative efforts, such as House Bill 282, which aims to address safety concerns and establish a clear definition and consistent regulations for electric scooters in New Mexico.
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What You'll Learn
Electric scooters and the law in New Mexico
Electric scooters have become an increasingly popular mode of transportation in cities across New Mexico. However, their popularity has also raised safety concerns, particularly regarding their classification and regulation. While New Mexico currently lacks a universal law defining electric scooters, they are generally considered vehicles under the municipal code and are subject to traffic laws, including driving while intoxicated (DWI) regulations.
In 2020, New Mexico Representative Nathan Small sponsored House Bill 282, which aimed to add electric scooters to the motor vehicle code and allow individual cities to decide on their specific regulations. The bill proposed defining an "electric foot scooter" as a device weighing less than 100 pounds, with two or three wheels, handlebars, and a floorboard that can be stood upon while riding. It would be solely powered by an electric motor capable of propelling the scooter with or without human propulsion at a speed of no more than 20 miles per hour on a paved level surface.
The bill also addressed safety questions and rules for electric scooter riders. For example, people would be allowed to park their scooters on sidewalks as long as they do not block pedestrian passage. Additionally, scooter riders would still need to yield to pedestrians. By including electric scooters in the motor vehicle code, Representative Small hoped to ensure that scooter riders follow the same state laws as bicycles. This would enable better safety protocols and clearer rules for scooter riders in New Mexico.
Currently, in cities like Albuquerque, riding an electric scooter under the influence of drugs or alcohol is illegal, and individuals can be arrested and charged with DWI. The penalties for DWI can include jail or prison time, fines, community service, mandatory drug or alcohol programs, and driver's license suspension. Accidents caused by intoxicated e-scooter riders will be treated like typical car accidents, with the at-fault party held financially responsible under the state's tort-based insurance law.
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Safety concerns and proposed legislation
The popularity of rentable electric scooters, or e-scooters, has led to some confusion for operators in New Mexico, as their use falls in a grey area between a motorized vehicle and a recreational device. While New Mexico currently does not have a universal law defining an electric scooter, House Bill 282 has been proposed to address this issue and establish safety protocols.
The bill's sponsor, Rep. Nathan Small, D-Las Cruces, aims to include electric scooters in the motor vehicle code, allowing individual cities to decide on their specific regulations. This would ensure that electric scooter riders follow similar state laws as those for bicycles. Rep. Small emphasizes the need to establish clear rules for electric scooters to promote safety and avoid accidents.
The bill proposes defining an "electric foot scooter" as a device weighing less than 100 pounds, with two or three wheels, handlebars, and a floorboard for standing. These scooters would be powered solely by an electric motor capable of propelling the device with or without human assistance at a maximum speed of 20 miles per hour on a paved level surface.
The proposed legislation also addresses parking concerns, suggesting that while people could park scooters on sidewalks, they must not obstruct pedestrian traffic. Additionally, the bill emphasizes the importance of yielding to pedestrians and following existing DWI regulations for electric scooter operators.
By granting cities the authority to regulate electric scooters, the bill aims to balance their benefits with necessary safety precautions, ensuring that New Mexico embraces this new mode of transportation while prioritizing the well-being of its residents and visitors.
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Electric scooters and intoxication laws
Electric scooters are a relatively new mode of transportation that has gained popularity in large metropolitan areas. Due to their increasing popularity, lawmakers in New Mexico are considering adding them to the motor vehicle code, allowing cities to decide how to regulate their use. This move aims to ensure that electric scooter riders follow the same state laws as bicycles, including yielding to pedestrians.
While the legislation surrounding electric scooters in New Mexico is still being determined, it is important to address the risks associated with their use, particularly when it comes to intoxication. Intoxication, including alcohol, marijuana, and/or other illicit drug use, has been identified as a significant risk factor for severe craniomaxillofacial injuries in electric scooter accidents.
Studies have shown that intoxication can inhibit or depress protective reflexes, leaving the face and head vulnerable in the event of an accident. The National Electronic Injury Surveillance system reported a 222% increase in age-adjusted electric scooter injury incidence and a 365% increase in age-adjusted hospital admissions from 2014 to 2018.
The prevalence of intoxication in electric scooter injuries ranges from 4.8 to 50%, according to various studies. However, it is worth noting that the methods for determining intoxication status vary, including patient-reported, lab-tested, or physician-documented methods.
Currently, there is no specific mention of intoxication laws for electric scooter users in New Mexico. However, as the vehicles may be added to the motor vehicle code, it is likely that existing intoxication laws for drivers of motor vehicles would also apply to electric scooter riders. It is important for users to be aware of the risks associated with operating electric scooters while intoxicated and to follow the same safety protocols as they would for driving a motor vehicle.
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Electric scooter rental companies
Electric scooters are an increasingly popular mode of transport, and this is reflected in the growing electric scooter rental market. The global market is projected to reach a volume of $2,888 million by 2026, with a growing number of users predicted to reach 25.4 million by 2026.
The popularity of electric scooters has inspired new legislation in New Mexico, with state lawmakers wanting to add them to the motor vehicle code and allow cities to decide on their regulation. This includes whether scooters can be ridden on roads or sidewalks, and how they can be parked.
There are several electric scooter rental companies operating in the US and globally. These include:
- Bird: Founded in 2017, this micro-mobility company is based in Santa Monica, California, and operates in over 100 cities across North America, Europe, and the Middle East.
- Lime: Based in San Francisco, Lime is a rental company that runs electric bikes, scooters, mopeds, pedal bikes, and car-sharing services in different cities worldwide. The company was founded in 2017 and has since expanded internationally, including to Madrid, Spain.
- Lime Micromobility: This company offers e-scooter and e-bike rentals, with the price of rides varying per city. To rent a scooter, users must download the Lime app and locate a nearby vehicle on the in-app map.
- MexicoMobility: This company offers mobility scooter and wheelchair rentals in Mexico Beach Destinations.
The growing demand for electric vehicles, coupled with increasing concerns over carbon emissions, is expected to drive the adoption of electric scooters. As a result, the market for electric scooter rental companies is likely to continue expanding.
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Electric scooter users' rights and responsibilities
Electric scooters are a popular mode of transportation in many cities across New Mexico. However, their use has also raised safety concerns, leading to new legislation being proposed. While New Mexico currently lacks a universal law defining electric scooters, they are generally considered vehicles and are subject to traffic laws, including driving while intoxicated (DWI) regulations.
Rights of Electric Scooter Users in New Mexico:
- Right to Operate: Electric scooter users in New Mexico have the right to operate their scooters on roads, sidewalks, or bicycle lanes/paths, depending on local regulations. House Bill 282, if passed, would grant electric scooter riders the same rights as bicycle riders on roadways.
- Parking: Electric scooter riders in New Mexico may have the right to park their scooters on sidewalks, provided they do not obstruct pedestrian traffic.
Responsibilities of Electric Scooter Users in New Mexico:
- Yielding to Pedestrians: Scooter riders are responsible for yielding the right-of-way to pedestrians and must follow local regulations regarding where they can ride to ensure pedestrian safety.
- Compliance with Traffic Laws: Electric scooter users are responsible for following all applicable traffic laws, including DWI regulations. Operating an electric scooter under the influence of drugs or alcohol is illegal in many cities in New Mexico, including Albuquerque, and can result in arrest and DWI charges.
- Speed Limit: Electric scooters typically have a speed limit of 20 miles per hour, and users must ensure they adhere to this limit.
- Age Restrictions: Although not explicitly mentioned, age restrictions may apply for electric scooter rentals, similar to those for driving or operating other motor vehicles.
- Insurance: While not explicitly mentioned, electric scooter users may be required to have insurance coverage, similar to the requirements for other motor vehicles.
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Frequently asked questions
New Mexico currently does not have a universal law defining an electric scooter. However, rentable electric scooters are a popular mode of transportation in cities across New Mexico.
Yes, DWI regulations apply to operators of electric scooters in Albuquerque and many other cities in New Mexico. Scooter riders can be arrested upon suspicion of drunk driving and convicted of DWI.
The booming popularity of electric scooters has raised safety concerns among some New Mexico lawmakers. There are no hard numbers on how many accidents have occurred involving scooters, but the CDC is conducting a study on the dangers of scooters interacting with pedestrians and traffic.
House Bill 282 is a proposed piece of legislation that would add electric scooters to the motor vehicle code and allow cities to decide how they want to regulate them. The bill would also address safety questions and rules for scooter riders, such as parking on sidewalks without blocking pedestrians.
