FHWA plays a leading role within USDOT in conducting and funding micromobility research, sharing information and research, convening stakeholders, and coordinating across USDOT Operating Administrations through its quarterly Micromobility Information Exchange meetings. FHWA also regulates some aspects of micromobility, for example:
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23 U.S.C. 217(j)(2) defines electric bicycle as a bicycle: (i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts; (ii) that can safely share a bicycle transportation facility with other users of such facility; and (iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle.
23 U.S.C. 217(h) limits most micromobility devices (other than e-bikes where State or local regulations permit) from using sidewalks and nonmotorized shared use paths and trails
23 U.S.C. 206(a) prohibits e-bikes and other electric devices (except for wheelchairs) from using nonmotorized trails funded under the Recreational Trails Program because motorized recreation is defined as "off-road recreation using any motor-powered vehicle, except for a motorized wheelchair".
Other Federal Agency Roles
Federal government agencies within and outside of USDOT have unique roles in regulating the safety and operation of micromobility, and in creating and sharing resources for stakeholders.
FHWA encourages safe, connected, multimodal transportation networks for all users, including micromobility users, through research, funding, and resource development related to bicycle and pedestrian planning, Complete Streets, curbside management, mobility hubs, and FHWA's Proven Safety Countermeasures.
The Federal Transit Administration (FTA) links micromobility to transit by encouraging the co-location of micromobility device parking and bike-shares/scooter-shares at transit stops and stations as well as encouraging the integration of bike-share/scooter-share payment systems with transit payment systems. FTA also provides guidance and best practices for allowing bicycles on board transit vehicles.
The Office of the Secretary (OST) sets high-level policy and includes the Office of the Assistant Secretary for Research and Technology (OST-R) which facilitates the transformation of our transportation system across all modes through research and policy development. OST-R oversees the research (including micromobility research) of program offices like the Intelligent Transportation Systems Joint Program Office (ITS JPO) and the Bureau of Transportation Statistics (BTS).
ITS JPO is an office under OST-R that collaborates across modal administrations to coordinate and plan the USDOT's multimodal intelligent transportation systems (ITS) technology research program. This program works toward improving transportation safety, mobility, and efficiency as well as toward enhancing economic productivity. Among other micromobility research projects, ITS JPO co-leads the Mobility on Demand (MOD) Research Program with FTA. The MOD Research Program is a user-centric, mode-neutral research initiative that envisions a safe, reliable, and carefree mobility ecosystem that supports complete trips for all, both personalized mobility and goods delivery.
BTS, under the auspices of the OST-R, collects, analyzes, and publishes information about our transportation system, including micromobility. Among other publications, BTS has developed an interactive map of bikeshare and e-scooter systems in the US across time and other tools that track changes in prevalence between docked and dockless bikeshare and e-scooter systems.
The Pipeline and Hazardous Materials Safety Administration (PHMSA) is responsible for developing and enforcing regulations for the safe, reliable, and environmentally sound transportation of hazardous materials – including lithium batteries, which are often found in electric bicycles and scooters – under USDOT's Hazardous Materials Regulations.
The Consumer Product Safety Commission (CPSC), an independent Federal agency, protects the public from unreasonable risks of injury or death associated with the use of consumer products under the agency's jurisdiction, including micromobility devices. CPSC considers mechanical, electrical (including battery failures/fires), and human factor hazards when considering micromobility devices. Since 2020, CPSC has released annual reports examining the safety of micromobility devices such as e-scooters, e-bikes, and self-balancing scooters.
Role of State Governments
State agencies are responsible for regulating and managing some general aspects of micromobility within their jurisdictions. For example, States are frequently responsible for:
Defining maximum speed for different classes of device
Defining operating space (i.e., where micromobility devices are allowed to ride)
The minimum age required to ride on micromobility devices
Helmet requirements
License and registration requirements for operating micromobility devices on public roads
Device characteristics
Motor cessation requirements for e-bikes
Role of Local Governments
Local governments play a critical role in regulating the specific programmatic and operational characteristics of micromobility systems. For example, local governments are responsible for:
Permitting operators (govern operation rules)
Regulating the fleet size deployed in the local market
Establishing and enforcing device parking rules
Instituting removal and relocation procedures for improperly parked devices
Regulating rebalancing and fleet redistribution standards
Establishing a clear and transparent fee structure
