Where Are Enclosed Mobility Scooters Supposed to Operate, on the Road or Sidewalk?

As cars and the costs associated with driving become prohibitively expensive, better mobility solutions are needed to help people travel around the towns and cities in which they live. This becomes especially important for those with long-term disabilities.

Mobility scooters and wheelchairs are examples of assistive devices that can help people regain independence, but a new type of vehicle categorized as “enclosed” mobility scooters is becoming more common.

What Are They?

Picture a microcar like a Smart car or Toyota IQ, but even smaller and powered by an electric motor. Most carry one passenger, but some models can fit up to four. The cabin is a miniature facsimile of a regular car with a steering wheel, while others have hand controls similar to what you’d find on a scooter. You can get them with remote entry, power windows, a Bluetooth stereo, heat and air conditioning, and most have headlights, brake lights, and turn signals.

Is it a Medical Device?

Traditional mobility scooters approved by Ontario’s Assistive Devices Program (ADP) are small, low-speed devices with three to four wheels and have no enclosure.  These so-called new “enclosed mobility scooters” aren’t approved by the ADP and aren’t considered medical devices. The ADP program provides funding to help those with long-term disabilities buy mobility devices that include wheelchairs, wheeled walkers, and power scooters.

ADP-approved scooters typically top out at 12 km/h, making them safer for use around pedestrians. Enclosed mobility scooters are much faster, with some capable of travelling up to 32 km/h or higher, and they can be easily modified to go even faster.

Can You Operate One on the Sidewalk?

Scooters and wheelchairs covered under the ADP program are legally allowed to be operated on the sidewalk and are given the same rights as pedestrians, while the enclosed versions are not. These mini cars have a much larger footprint than a wheelchair or mobility scooter and take up most of the width of a standard sidewalk.

Retired Toronto police officer and traffic safety consultant Sean Shapiro says that suggesting an enclosed mobility scooter is a medical device is an illegitimate and improper thing to do and that retailers are misleading customers.

“In the city of Toronto, if you’re over the age of 14, you can’t ride a bicycle on the sidewalk,” says Shapiro. “If you can’t ride a bicycle on the sidewalk, how can you operate one of these and remove the priority that pedestrians have?”

Can You Drive an Enclosed Mobility Scooter on the Road?

Once again, the answer is no, but it’s advisable to look up laws for your specific municipality. Ontario classifies these as motor vehicles and they are subject to all the same laws as a regular car. Only e-bikes, bicycles, and specially licensed low-speed vehicles (LSV) have the legal right to be on the road.

Bicycles are powered by our muscles and aren’t considered motor vehicles, and neither are e-bikes as long as they have pedals and don’t exceed a maximum assisted speed of 32 km/h.

Nearly all these mini cars have electric motors that are 1,500 watts or higher, and none of them meet the weight requirements to be considered an e-bike, meaning they can only legally be used on private property. It’s simply too dangerous to use them elsewhere: they’re too fast for sidewalks, which is dangerous for pedestrians, and they’re too slow to use on roads alongside regular cars, which can be dangerous for the user and other motorists.

“If a driver of one of these mini cars is operating one under a suspended or disqualified license, they are still eligible for all the criminal charges for driving without a license,” says Shapiro.

The problem is that many retailers sell these as mobility scooters and state that no license or insurance is required to drive one.

More Mobility Solutions Are Needed, but This Isn’t It

Driving is an expensive privilege when the cost of the vehicle, insurance, fuel and maintenance are tallied, and not everyone can afford it. Everyone deserves to be able to get around regardless of financial status or physical ability, but that still doesn’t give people the right to illegally pilot a vehicle on the road or sidewalk.

Until these mini cars are recognized by the Ministry of Transportation and regulated for use on public roads, sidewalks, or bike paths, there are other solutions like ADP-approved mobility devices, which include power scooters.

Regulation and Education Are Required

Shapiro says that there’s a lack of public awareness about these new scooters, e-motorcycles, and enclosed mobility scooters that are flooding the Canadian market.

“We’re getting products that are being imported from China and other countries and sold by retailers that couldn’t care less if you’re complying with the law,” says Shapiro. “The public doesn’t really understand what they are, and many police officers don’t understand what they are either.”

There needs to be more training for police officers and education for the public about these devices, and Canada should regulate them. Ideally, this needs to be done before there’s a collision and someone gets hurt because of one.