Michael D. Kelly, ESQ 
Electric scooters, also called e-scooters, are two- or three-wheeled vehicles powered by motors, usually made for traveling short distances in a standing position. In Massachusetts law, there is no specific statute dedicated to e-scooters. They are regulated through motorized scooter legislation in the state.
Interested in riding an e-scooter? You need to know the rules that apply to scooter riders. Below we share whether a valid driver’s license or learner’s permit is required, the e-scooters’ speed limits, helmet regulations, and where you can ride.
Do Massachusetts Electric Scooter Laws Treat E-Scooters as “Motorized Scooters”?
In Massachusetts, there is currently no dedicated law for e-scooters. Generally, they are considered “motorized scooters.”
According to Mass. Gen. Laws c. 90, § 1, a motorized scooter is a device with two or three wheels and handlebars, made for standing on or sitting on. It’s powered by an electric or gas-powered motor that can move the device independently of human propulsion. This definition doesn’t include motorcycles, electric bicycles, motorized bicycles (mopeds), or three-wheeled motorized wheelchairs.
Motorized Scooters vs. Motorized Bicycles vs. Mopeds in Massachusetts
Before we proceed with e-scooter laws, let’s first discuss the distinctions between a motorized scooter and a motorized bicycle. Both of these are referred to as “motorized” vehicles, which can cause confusion in understanding what rules govern them.
A motorized bicycle is either a pedal bicycle with a helper motor or a non-pedal two-wheeled vehicle with a motor. It can also be referred to as a moped. To fit the state law definition, such a bike needs to have an automatic transmission and a cylinder capacity of 50 cc or less. It must not be designed for high-speed travel — the maximum speed is limited to 30 miles per hour. But it’s still faster than the legal limit for e-scooters, which is 20 miles per hour.
Because mopeds move more quickly and mix more with car traffic, they need to be registered at the RMV. Generally, you can use them on most public roads. However, mopeds are typically not permitted on off-street bike paths.
Do You Need to Register Your E-Scooter?
No, the Massachusetts Registry of Motor Vehicles (RMV) doesn’t require you to register motorized scooters. This is because they are not considered motor vehicles. So, there is no need for a title, registration sticker, or license plate.
However, even if registration isn’t needed, there are still traffic regulations and safety standards that apply to e-scooter usage. These determine where you can ride, helmet requirements, licensing rules, and more.
Do Scooter Riders Need a License or Learner’s Permit?
In order to ride electric scooters legally in Massachusetts, riders need to be at least 16 years old. The state traffic laws also require that you have a valid driver’s license or a learner’s permit. The same rules apply to mopeds.
Speed Limits and Basic Operating Rules
In Massachusetts, electric scooters are limited to a maximum speed of 20 miles per hour, according to Section 1E of the Mass. Gen. Laws c. 90. The law also states that scooter riders must always stick to the right side of the road, even if they’re passing a moving vehicle. Additionally, e-scooter riders are required to follow traffic rules that apply to other motor vehicles on public ways.
Can You Ride on Public Ways, Bike Lanes, or State Highways?
In Massachusetts, the law usually permits electric scooters to be used on public roads. The riders can use these roadways, but they must always stick to the right side of the road.
Restricted areas include the limited-access or express state highways that have signs prohibiting bicycles or scooters. It is generally allowed for motorized scooters to use bicycle lanes, but local regulations might be applicable.
Get a Free Case Evaluation
Helmet Rules and Approved Safety Helmet Requirements
Anyone who is using a motorized scooter needs to wear an approved safety helmet. Those riding should ensure they select helmets that meet US DOT standards and wear approved safety helmets at all times. If you ride without one and get into an accident, it might make the injury case timeline longer due to more complex liability issues.
Night Riding, Passengers, and Required Signals
Massachusetts law also defines specific limits for when you can use motorized scooters. According to state law, you can’t ride electric scooters after sunset or before sunrise.
There are also additional safety measures. It’s not permitted to carry passengers, and the scooter must have functional stop and turn signals. This is because electric scooter riders should be able to signal turns and stops to motor vehicles or pedestrians without taking their hands off the handlebars, which helps keep balance.
Local Ordinances and City Rules
Although the law of Massachusetts provides the basic rules for motorized scooters, cities can introduce their own practical instructions and limitations.
For instance, the City of Boston prohibits the use of scooters on sidewalks and defines the places where you can ride and park electric scooters and similar vehicles. These could be bike racks, certain types of poles, or clearly marked on-street parking spaces designated for bicycles, motorized scooters, or mopeds.
Other cities in the state, such as Malden, Salem, or Wakefield, mostly follow state traffic laws but also provide local guidance for residents. It’s recommended that you check the regulations in a specific area before riding, as they may be different in some municipalities and can be changed.
Electric Scooter Accident Risks and Safety Basics
E-scooters are a convenient means of transport for short distances, but there are still some safety aspects to take into account. Unlike drivers of motor vehicles who have seat belts, airbags, and a protective frame around them, those riding on electric scooters lack any protection.
According to a report published by the U.S. Consumer Product Safety Commission, e-scooter accidents that occurred from 2017 to 2022 mainly happened due to:
- Transporting objects while riding (32%)
- Dark conditions or bad visibility (23%)
- Distractions caused by cell phones or music (11%).
With these common causes in mind, local authorities have implemented many rider safety rules and operating restrictions, such as helmet requirements and passenger riding prohibition. To avoid serious injury in case of a crash, make sure you wear a helmet, use turn signals, pay attention to the road, and only ride during the daytime.
What to Do After an Electric Scooter Accident in Massachusetts
After an electric scooter accident, it helps to take the following measures immediately:
Visit a medical specialist, even if the injuries appear insignificant. Some scooter injuries may not become visible immediately. Photos of the scooter, any motor vehicles involved, the road situation, traffic signals, and visible injuries can be helpful if you decide to file a claim for damages. Ask for names, contact details, and insurance information of motor vehicle drivers. If there are witnesses, write down their information, too. Saving communications, like messages from insurance companies, can also be important in case of any insurance issues. Different policies may apply depending on the situation.
Legal Help: When It Makes Sense to Talk to a Lawyer
In certain accidents involving electric scooters, legal assistance can be beneficial. Contact a lawyer if your injuries are severe, the responsibility for the e-scooter accident is disputed, or commercial motor vehicles (such as a delivery truck or rideshare automobile) play a part. It’s also reasonable to seek legal help if insurance coverage isn’t clear or if more than one policy could be applicable.
Talking to an e-scooter injury lawyer doesn’t necessarily mean you will file a lawsuit immediately. They can just assist in clarifying your options, understanding the law of Massachusetts, and preventing any mistakes from the beginning.
Our law firm assists scooter riders with determining what steps they should follow after an e-scooter accident. Reach out to us to discuss what actions might be appropriate in your case.
