Mobility scooters in Rhode Island: the 8 mph wheelchair rule

Rhode Island's traffic code speaks to mobility device riders directly and in detail. It defines a "motorized wheelchair," keeps it out of the definition of a motor vehicle, gives its rider the rights and duties of a pedestrian, and even sets lighting rules for riding at night. One detail stands out for anyone shopping for a scooter: the definition depends on top speed.

Here is the text, what it means for choosing and riding a scooter, how Rhode Island weather affects the plan, and where the state's assistive technology partnership fits in.

Title 31 on motorized wheelchairs and their riders

Under R.I. Gen. Laws § 31-1-3(s), "Motorized wheelchair" means "any self-propelled vehicle, designed for, and used by, a person with a disability that is incapable of speed in excess of eight miles per hour (8 m.p.h.)." Subsection (u) then defines "Motor vehicle" as every self-propelled vehicle "except vehicles moved exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection (g) of this section, and motorized wheelchairs." The EPAMD it mentions is a different device: a "self-balancing, non-tandem two-wheeled (2) device" limited to 15 mph (§ 31-1-3(h)).

The speed limit in that definition matters. A scooter whose maker rates it above 8 mph would not seem to fit the words "incapable of speed in excess of eight miles per hour." We cannot tell you how an officer or court would treat such a scooter, but choosing a model with a top speed at or under 8 mph keeps you squarely within the text.

Riders get pedestrian status. Section 31-18-20(a) says: "Every person operating a wheelchair upon a sidewalk or roadway shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian." On bike lanes, trails or paths, under subsection (b), a motorized wheelchair rider has the rights and duties of the driver of a bicycle.

There is a sidewalk rule, too. Section 31-18-20.2 provides: "Where sidewalks with curb-cuts and at least thirty-two (32) inches of unobstructed clear width are provided it shall be unlawful for any user of a manual or motorized wheelchair to wheel along and upon an adjacent roadway." Where a sidewalk lacks curb cuts or is narrower than that, the rule does not apply by its terms.

Night riding on roads has equipment requirements. Under § 31-18-20.1, a wheelchair "operating upon roadways, when in use at nighttime, shall be equipped with: a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500′) feet to the front," and every wheelchair "shall be equipped with a red reflector" visible from 600 feet to the rear. As a pedestrian, the rider is also protected in crosswalks: § 31-18-3(a) tells drivers to "yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk" where signals are not in place or not working.

Scooters at or under 8 mph

All four models below carry maker top speeds under the 8 mph line in § 31-1-3(s), according to their Faith Mobility pages.

• Golden Buzzaround EX 4-Wheel: four wheels and comfort spring suspension, a 5 mph top speed, 350 lb capacity and up to 18 miles on two U1 batteries. It still comes apart, with a heaviest piece of 53 lbs.
• Golden LiteRider 3-Wheel: a full-size portable scooter that breaks into six pieces with no wires to connect, a 39-inch turning radius for tight spaces, and an adjustable LED headlight. Top speed is 5 mph.
• Vive King Neptune: a heavy-duty scooter for riders up to 400 lbs, top speed 4.3 mph, with an oversized floor base, a front headlight and a charging port on the tiller.
• Pride Go Go Elite Traveller 3-wheel: compact, 4 mph, breaking into five pieces and turning in a 33-inch radius, a fit for narrow shops and crowded sidewalks.

A scooter's built-in headlight is a help in the dark, but we cannot confirm that any particular one meets the 500-foot standard in § 31-18-20.1, so check its rating or add lighting and reflectors before riding on roads at night.

Rhode Island weather and the daily ride

NOAA's Rhode Island climate summary gives Providence averages "in July are around 74°F and in January about 29°F." Snowfall runs from 20 inches on Block Island to 40 to 55 inches in the western part of the state, and precipitation averages about 46 inches a year. Hot days at or above 90°F averaged 14 a year in 2015 to 2020, the most of any recent period.

So a Rhode Island rider deals with all four seasons. In winter, snowbanks can block curb cuts, which affects whether § 31-18-20.2 even applies to a given block; plan a route that stays on clear, wide sidewalk. Keep the scooter and its batteries indoors in cold weather. In summer, ride in the cooler hours, and in a heavy rain wait it out rather than crossing flooded pavement.

ATAP: demonstrations, loans and re-use

The Rhode Island Assistive Technology Access Partnership, through the Office of Rehabilitation Services, lists device demonstration, device loan and device re-use among its main initiatives, delivered with partners including the Ocean State Center for Independent Living and TechACCESS of RI. The AT3 Center lists ATAP in Providence with contacts for device loan, demonstration and reutilization. Ask whether a scooter can be tried before you buy.

Shipping a scooter to Rhode Island

Scooters come straight to your door. Faith Mobility ships to the lower 48 states and DC, with free shipping on orders over $500 and $15 shipping under $500, and we cover the sales tax on every order. Most products are processed in 2-5 business days; some brands differ. See shipping to Rhode Island or try the scooter fit check.

Questions about mobility scooters in Rhode Island

Is a mobility scooter a motorized wheelchair in Rhode Island?

R.I. Gen. Laws § 31-1-3(s) defines a motorized wheelchair as any self-propelled vehicle designed for and used by a person with a disability that is incapable of speed above 8 mph. A scooter used that way and limited to 8 mph appears to fit. We cannot say how faster scooters are treated.

Do I have pedestrian rights on a scooter in Rhode Island?

Section 31-18-20(a) says every person operating a wheelchair upon a sidewalk or roadway shall be granted all the rights and be subject to all the duties of a pedestrian. On bike lanes, trails or paths, subsection (b) gives a motorized wheelchair rider the rights and duties of a bicycle driver instead.

Can I ride my scooter in the street in Rhode Island?

Not where a usable sidewalk exists. Section 31-18-20.2 makes it unlawful for a manual or motorized wheelchair user to wheel along an adjacent roadway where sidewalks with curb-cuts and at least 32 inches of unobstructed clear width are provided. Where the sidewalk lacks those features, that rule does not apply by its own terms.

What lights does a scooter need at night in Rhode Island?

For wheelchairs operating upon roadways at nighttime, § 31-18-20.1 requires a front lamp emitting white light visible from at least 500 feet, and every wheelchair must have a red reflector visible from 600 feet to the rear. Check your scooter's lighting against those distances, and add lights or reflectors if needed.

Compare models in the mobility scooter collection, use the fit check, or take the full assessment. Questions? Email us at info@faithmobility.com.

Sources

• R.I. Gen. Laws § 31-1-3, definitions
• R.I. Gen. Laws § 31-18-20, wheelchair users' rights and duties
• R.I. Gen. Laws § 31-18-20.2, sidewalk use
• R.I. Gen. Laws § 31-18-20.1, wheelchair lights and reflectors
• R.I. Gen. Laws § 31-18-3, crosswalks
• NOAA NCEI State Climate Summaries: Rhode Island
• Faith Mobility: Golden Buzzaround EX 4-Wheel
• Faith Mobility: Golden LiteRider 3-Wheel
• Faith Mobility: Vive King Neptune
• Faith Mobility: Pride Go Go Elite Traveller 3-wheel
• RI Office of Rehabilitation Services: ATAP
• AT3 Center: Rhode Island