It’s a Bird, It’s a Scooter, It’s an Overnight Sensation . . . But Is It Legal?

(Author's note: The last section of this post was added after its initial publication.) Electric scooters have recently appeared overnight in cities across North Carolina. The scooters, most of which are owned by the Bird Rides company, have been deposited without advance announcement in downtown areas. Would-be riders download an app that allows them to scan a code on the scooter that unlocks it. The scooter can then be ridden for $1 start-up charge plus 15 cents per minute. The app instructs users to ride in bike lanes where available and to avoid pedestrians on the sidewalk. It also states that traffic regulations prohibit riding on sidewalks, in public parking structures, without a helmet, and without a valid driver’s license. Is all of that correct? And can these scooters lawfully be operated on North Carolina streets? What sort of conveyance is a Bird scooter? Electric scooters are vehicles under North Carolina law. See G.S. 20-4.01(49) (defining “vehicle”). They are devices by which a person may be transported upon a highway and they are not moved exclusively by human power or used exclusively on fixed rails or tracks. And they do not appear to meet either of the exceptions to this general definition. The first exception applies to a device “designed for and intended to be used as a means of transportation for a person with a mobility impairment, or who uses the device for mobility enhancement.” Unlike motorized wheelchairs, stand-on electric scooters do not appear to be designed for the mobility-impaired. As [...]