ISSUE

Motorized Skateboards / play vehicles had risen to a high level of complaints received by the Phoenix Police Department and other branches of City Government. Safety concerns arose about the equipment being operated, where it was operated and who was operating it. Information concerning operation of motorized skateboards and other play vehicles that were given to consumers was false. Even after publicizing information about the legal and illegal operation of these types of vehicles, most people chose to ignore the rules and a decision was made to ban the operation of these vehicles on Phoenix right-of-ways.

BACKGROUND

In 1999, Phoenix City Council approved an ordinance concerning the operation of Motorized Skateboards. A.R.S., Title 28-627 D, does not prevent a local authority from adopting ordinances that regulate or prohibit the operation of motorized skateboards, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized skateboards. A.R.S. 28.101 32. (a) (ii) defines motorized skateboard as a self-propelled device that has a motor, a deck on which a person may ride, and at least two tandem wheels in contact with the ground.

The original ordinance (PCC 36.64), allowed a person, 14 years and older to operate a motorized skateboard:

• on City streets with a posted speed of 25 MPH or less
• not on sidewalks
• not during darkness
• only with notarized permission from parent (guardian)
• helmet (under 18) and eye protection required
• no passengers
• cannot be modified
• must obey all traffic laws
• several other rules concerning operation.

The original ordinance allowed what was perceived as a fun “toy” for people to use in their residential areas only and was never intended for use as a motor vehicle.

As time passed, retailers started selling numerous variations of this product, as well as devices to alter performance. Motorized skateboards were perceived as children’s playthings when in fact they are deadly vehicles with several inherent factors contributing to their danger. They are traveling at high speeds, have inadequate braking, have high center of gravity with small wheels and short wheel base, and steering problems which can easily cause over-steering in turns. Additionally, the ordinance allowed a 14 year old to operate a motor vehicle on the streets without any prior experience, training or licensing and without even a requirement of a brake light. Most of the fatal collisions involved operators between 11 and 16 years of age.

Beginning in 2002, City Council began looking at the original ordinance after receiving an increase in calls from residents about noise and operation of motorized skateboards. In 2003 and 2004, the Phoenix Police Department started seeing an increase in the number of calls regarding motorized skateboards and other type of “play vehicles” that were being sold to the public. Most of the complaints were about noise, but many were about illegal operation. In 2003, the Traffic Complaint Hotline, 911 Operators, and Crime Stop Operators received 8,103 calls for service regarding motorized skateboards/play vehicles. This was a 5percent increase over 2002. In 2004, more than 12,000 calls were received, a nearly 50percent increase. Early in 2004, motorized skateboard/play vehicle complaints were equal to speeding as the number one complaint received on the hotline.

The Police Department started seeing an increase in violations as well as alterations by manufacturers to increase the power which had the effect of making them faster and more complex. Web sites were showing actual motorized skateboards that operate on nitro and advertised speeds of up to 55 MPH. When contacting violators, most were saying the retailers were informing them that motorized skateboards and other “play vehicles” were allowed to operate anywhere because they were under 50cc. This was an absolute false statement and was verified by officers who approached retailers in an undercover capacity to purchase a motorized skateboard or play vehicle. Changes in the design of motorized skateboards and “play vehicles” were happening on a daily basis. People were manufacturing their own contraption as a form of transportation. The Police Department also started seeing an increase in violators operating these vehicles when their license was suspended as well as an increase in impaired drivers (some juveniles). All of these factors caused the Phoenix City Council to reconsider the existing Ordinance.

DECISION TO BAN

The overall increase in complaints, coupled with the increase in traffic collisions, led to a major safety concern for residents, motorists and law enforcement officials in Phoenix . Due to ever-changing designs, it is very difficult to adopt rules and regulations to cover all the play vehicles being sold or those that are being considered for production. State law prohibits local authorities from mandating licensing and registration requirements for motorized skateboards. Children were able to purchase motorized skateboards with little or no information provided by the retailer regarding the legality of their use and allowed to drive on City streets with absolutely no training or licensing. Although accurate stats on injuries surrounding motorized skateboards/play vehicles are somewhat lacking due to reporting difficulties, recent news items show an increase in traffic collisions involving motorized skateboards. The Consumer Product Safety Council reported more than 40,000 people were taken to hospital emergency rooms in the United States in 2003 because of injuries from riding scooters. Most of the injuries were to children under 15.

Phoenix is not the first City in Arizona to ban of motorized skateboards/play vehicles from operation on public right-of-ways. Tucson adopted a ban in May of 2004 and has seen a tremendous decrease in complaints and actual violations in the City limits. Many cities throughout the United States have adopted similar bans on operations for one simple reason, safety.

Lastly, the ban in actuality only covered motorized skateboards and other self-propelled devices that are not covered under State law. Many of the so called “play vehicles” (pocket rockets, go carts, mini-motorcycles, electric cars, etc.) were already banned by State law because they met the definition of a motor vehicle or motorcycle. Many people were concerned that the ban would include 3-wheel electric motorized wheelchairs and electric personal assisted mobility devices (ARS 28.101.20); that is absolutely false. The ban includes a notice requirement to consumers from retailers that lets them know about the operation of motorized skateboards and play vehicles. Retailers who do not abide by the Ordinance face severe penalties in Court.

Information was obtained from A.R.S. Title 28 with reference to definitions of motor vehicles, motorized skateboards, motorcycles (which include motor-driven cycles). Arizona Motor Vehicle Division follows guidelines set forth by Federal Motor Vehicle Standards in registering and licensing motor vehicles. Motorized skateboards and most play vehicles do not meet this criterion and will not be issued registration and license plates. Allowing only motor vehicles and other forms of transportation that are authorized by State law to operate on public right-of-ways; will assist in saving lives and making the City streets safer for everyone.