Council discusses e-bikes and e-scooters rules; solicitor urges caution pending state action

Brookhaven Borough Solicitor Jay briefed council Oct. 6 on the borough's current authority to regulate electric scooters and electric bicycles and urged caution in adopting local ordinances before the General Assembly finalizes pending legislation.

Jay told council that under current Commonwealth law “electric scooters cannot be legally operated on public roads or sidewalks in the borough. They are only allowed to be operated on private property, such as driveways or backyards.” He explained that the Commonwealth allows electric bikes to be operated on public streets but constrains sidewalk use to pedal-powered operation: “No electric assist is permitted on sidewalks. Equally important, all electric bikes must yield to pedestrians when operating on sidewalks.”

A council member raised a recent Havertown ordinance that requires helmets for younger riders and threatened parent fines; the council member asked whether Brookhaven could adopt similar restrictions in advance of state action. Jay said a local helmet ordinance for e-scooters could create the misleading impression that the borough was authorizing their use on public property, and recommended deferring new local rules until the Pennsylvania General Assembly completes its work. “My sense is the prudent thing may be to defer any action until we see precisely what comes out of the Pennsylvania General Assembly,” he said.

Jay said he would consult with the police chief about stepped-up enforcement of existing rules for e-bike age limits and unsafe operation and return to council with options after the legislature acts or if short-term enforcement changes are deemed necessary.

Ending: Council took no immediate regulatory action on e-bikes or e-scooters during the meeting; staff and the solicitor will monitor state legislation and report back.