Scooter: Toy or vehicle? Depends on where it's used

Many say the scooters hit the market without laws tailored to them.
By JOHN W. GOODWIN JR.
VINDICATOR STAFF WRITER
YOUNGSTOWN -- Just after 4 p.m. July 19, Boardman resident Karen Tysek's son was out with friends riding his brand-new, red Freedom Scooter.
The two-wheeled device, resembling a push scooter but powered by a small electric motor, was a present on his birthday two days earlier.
Tysek recalls the $300 scooter as the only thing her son wanted for his birthday. Several of his friends, she said, already had scooters and it seemed safe enough for a 12-year-old child.
The Internet sites that sell scooters advertise them as fun for the entire family regardless of age. Most sites says no license or registration is required to ride the scooters, which go between 15 and 22 mph.
However, Boardman Township police see the scooters as motor vehicles, not toys.
They stopped Tysek's son and cited him for driving without a license and had the scooter hauled away by a towing company, something that cost the Tyseks $95. Tysek has since put the scooter in storage.
Official word
Police Chief Jeffrey Patterson said the issue has been researched by the department and only licensed drivers are permitted to ride the scooters on township roads. The scooters can't be driven on sidewalks because they are considered motor vehicles, he said.
John Wagner, Freedom Scooter sales spokesman, said the scooters are not marketed to any particular age group, but to whoever is permitted to ride them under various state and local laws. He said the company understands those laws will vary from place to place.
Lt. Rick Fambro of the Ohio State Highway Patrol said the scooters should be titled and registered with license plates if they are going to be used on public roads.
Many parents view the scooters as the same as mo-peds, which can be used by riders as young as 14 with the proper registration, licensing and equipment. But legally that's not so.
China Dodley, spokeswoman for the Ohio Department of Public Safety, said the scooters are classified legally as motorcycles.
She said riders must obtain a motorcycle endorsement and register the scooters with license plates for use on public roads.
License plates cannot be obtained without a title and, according to John Guldin, an attorney for the BMV, getting a title for the scooters would mean owners would have to apply to the county clerk of courts with proof of ownership and proof that the scooter meets all safety standards for a motorcycle. Even then, Guldin said, it is not guaranteed a title would be issued.
What's required
Diana Slack, title department supervisor for Mahoning County, said owners need to present a certificate of origin with the complete vehicle description for the scooter and show proof of ownership in order to obtain a title.
Joann Kale, Columbiana County clerk of courts supervisor, said a title would likely be issued if owners present the certificate of origin or have the scooter inspected and show proof of ownership.
Herb Laukhart, chief deputy for the Trumbull County clerk of courts, said owners would need a certificate of origin, inspection and proof of ownership, but at this time, obtaining a title would be "very unlikely." He said the scooters are new and his office would like to contact the state BMV and review any directives pertaining to the scooters before issuing a title.
Guldin said the difficulty, is: "We are dealing with a state statute that was written well before these [scooters] became commonplace vehicles and there is just not a perfect fit at this time."
Guldin said people can still buy the scooters and use them off road or on private property.
Pennsylvania law
Across the border in Pennsylvania, the matter is simple: The Pennsylvania Department of Transportation's Office of Chief Counsel says the scooters are illegal because of registration, inspection, insurance and equipment guidelines.
Here in Ohio, the scooters have hit the market with almost no rules to govern them. But many law enforcement and other officials hope that guidelines tailored specifically to the scooters are developed -- before more 12-year-olds are cited.
jgoodwin@vindy.com