FAYETTEVILLE -- Scooter drivers will be required to insure their vehicles if a proposal making its way through the City Council becomes law.
The proposed ordinance, sponsored by Alan Long, Ward 4 alderman, would require drivers of "motorized bicycles" to carry liability insurance. Motorized bicycles are defined as "bicycles with an automatic transmission and a gasoline-powered motor which doesn't displace in excess of 50 cubic centimeters (50 cc)."
At A Glance
State Law
State law defines “motorized bicycles” as bicycles “with an automatic transmission and a motor which does not displace in excess of 50 cubic centimeters (50 cc).” All scooters are required to have a headlight, tail-light, hand or foot brake, turn signals, a horn and muffler. Drivers must wear eye protection and a helmet (if under 21).
Drivers don’t have to be licensed or carry insurance. If they don’t have a driver’s license, they’re required by state law to obtain a “motorized bicycle certificate” from a local revenue office. Drivers must be at least 14 to obtain a certificate. Drivers who have had their driver’s license suspended are prohibited from operating scooters.
Sources: Arkansas Highway and Transportation Department and Arkansas Department of Finance and Administration
Scooter drivers don't have to be licensed or insured under state law.
Long said in a City Council meeting this week his proposal isn't so much about protecting scooter drivers. It's to prevent other drivers from having to file a claim on their insurance if they're in a wreck caused by someone on a scooter.
"If a moped were to pull out in front of a family of four driving a large vehicle, that vehicle could go into the ditch. It could hit another car going into oncoming traffic," Long said. "It could create a situation ... where there's a tremendous financial strain on a person."
"It's not that a scooter in and of itself is going to do a lot of damage," he added. "I don't think that a Vespa is going to take out a Buick. But, at the same time, it's operating on a public street and can cause a major liability to other drivers."
Aldermen Sarah Marsh and Mark Kinion said they understood the intent of Long's proposal but thought the issue would be better addressed on the state level. Marsh and Kinion said they don't want to create a situation where scooter drivers in Springdale or Farmington face different traffic laws when they enter Fayetteville.
Alderwoman Adella Gray disagreed.
"I personally feel like this is not so much to ask," Gray said Tuesday. "I would hope that the whole region would see the need to have this. It's not like it's a huge expenditure."
According to Alex Baldwin, a State Farm Insurance agent, it costs about $5 or $10 per month to insure a scooter driver with liability coverage. Baldwin said a policy would be more expensive if a driver opts for personal injury coverage, because, as with motorcycles, injuries tend to be more severe when scooter drivers are in collisions.
Baldwin said his agency insures plenty of scooters. He said a driver's license is required to buy insurance.
Fayetteville Police Sgt. Craig Stout said often the only recourse for someone involved in an accident with an uninsured scooter driver is to file a lawsuit in small claims court.
For Baldwin, it's a "good financial trade-off" to pay $10 per month for insurance rather than risk paying hundreds or even thousands of dollars for someone else's repairs.
Police officers routinely face other problems with unlicensed, uninsured scooter drivers, Mike Reynolds, Fayetteville's deputy police chief, said in an Oct. 13 email to A.J. Gary, chief of police in Conway, home of the University of Central Arkansas.
Reynolds said it's difficult for officers to discern if scooters are under 50 cc and, thus, exempt from licensing and insurance requirements.
He said it can also be difficult to identify the true owners of stolen scooters, because the vehicles aren't registered with the state.
"I anticipate this ordinance will ... address some of our local problems associated with uninsured accidents," Reynolds said. "However, we really don't have a local avenue to fix the registered owner issue."
A scooter drivers' penalty for failing to present insurance if pulled over or involved in a wreck would be the same under Long's proposal as any violation of a city ordinance. Violations could result in fines of up to $500. Long said Tuesday he was willing to limit fines to a maximum of $50, but no other aldermen supported amending his proposal.
Mike Lyman, manager of MopedU, a scooter dealer at 418 College Ave., said he didn't have a problem with Long's proposal.
"I pay $75 a year for my (scooter)," Lyman said. "It's a small price to pay to be covered."
Aldermen left the proposed ordinance on its first reading Tuesday and referred it to the council's Ordinance Review Committee. Ordinances must be read three times before a final vote.
NW News on 12/20/2014