Where can e-scooters legally be operated?
E-scooters are becoming more prevalent. Especially during summer months, children and teens ride e-scooters on the roadways, sidewalks and pathways.
You have likely read reports of near misses, with users of e-scooters reportedly crossing intersections without looking and pulling out in front of cars in parking lots. And you may also have seen reports of speeding motorists failing to notice e-scooters in crosswalks and almost
hitting them.
Finally, you may have seen debates over whether e-scooters should be allowed on pathways, sidewalks or roadways. While some pathways are marked as “no motorized vehicles permitted”, most parents don’t want their children to ride e-scooters on the roadways. So, where are children legally allowed to use an e-scooter?
Where can an e-scooter legally be operated per Texas law?
- A motor-assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less.
- A motor-assisted scooter may, however, cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.
- A county or municipality may prohibit the operation of a motor-assisted scooter on a street, highway, or sidewalk, if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
- A person may operate a motor-assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk, unless local ordinances provide otherwise.
In summary, e-scooters are only allowed on roads with speed limits of 35 miles per hour or less. However, roadways with higher speed limits can be crossed by e-scooters at crosswalks. And e--scooters are permitted on streets (with a 35 mph or less speed limit) and sidewalks, UNLESS
a
county or city enacts ordinances to the contrary. E-scooters are also allowed on pathways exclusively
for bicycles.
What is The Woodlands’ position on motorized scooters and e-bikes on Pathways?
The Woodlands Township prohibits motorized vehicles of any type on the pathways. The Township takes the position that it owns the pathways, so it can make the rules governing the use of pathways.
“While Texas legislation provides that electric scooters and gas scooters with engines less than 40cc may be ridden on public thoroughfares, this law only extends to counties and municipalities. The pathways in The Woodlands do not fall into this category; they are owned by The Woodlands. Therefore, motorized vehicles are prohibited from using the pathways.”
Can The Woodlands Township enforce its ban of motorized scooters and e-bikes on the pathways?
Residents of the Woodlands often ask whether the Township can enforce its rules on the use of pathways. The Township is a special purpose government district with limited authority and can only establish and enforce rules on property it owns (Township parks, pathways, pools, facilities and recreation centers) in accordance with its enabling legislation. Montgomery County provides law enforcement and traffic regulation, but does not participate in the enforcement of covenants. The Woodlands Township can enforce its covenants by sending notices of violations and even filing suit, but cannot issue traffic tickets.
Will the Woodlands Change its ban on motorized vehicles on the pathways?
In January of 2024, The Woodlands Township considered whether to change its policy on e-bikes and declined to do so:
“….a number of issues surround the possibility of allowing e-bikes on pathways and trails in The Woodlands, such as monitoring speed, filing incident reports and verifying the class of motorized vehicles on the trails. Another issue with allowing e-bikes on trails within The Woodlands is due to the density of trees along pathways with wide variation in terrain and trail width, he said.”
In January of 2024, The Woodlands Township considered whether to change its policy on e-bikes and declined to do so:
“….a number of issues surround the possibility of allowing e-bikes on pathways and trails in The Woodlands, such as monitoring speed, filing incident reports and verifying the class of motorized vehicles on the trails. Another issue with allowing e-bikes on trails within The Woodlands is due to the density of trees along pathways with wide variation in terrain and trail width, he said.”
Regardless of your position on whether e-scooters should be allowed on pathways, it is important that those operating e-scooters wear helmets and be taught to follow safety rules to ensure their safety and the safety of pedestrians.
If you or a family member has been injured on or by an e-bike or e-scooter, the experienced personal injury attorneys at Wham & Rogers can help you.
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Intersections and high center of gravity vehicles are associated with dangerous rollover crashes.
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The information on this website is for general information purposes only. None of the information on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
If you own a vehicle with keyless entry or a "push-to-start" ignition, you need to know about the relay attack.
Intersections and high center of gravity vehicles are associated with dangerous rollover crashes.
Can Parents be Held Liable for Their Child’s Negligence on an E-Bike?
When robot s rule the road, who's responsible for safety?
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