Mobility Scooters in Wisconsin: pedestrians and e-scooters

Wisconsin's traffic code has a sentence every mobility scooter buyer here should read, because it draws a line between two machines that can look alike in a parking lot: the mobility device built for a person with a disability, and the stand-up "electric scooter."

Which side of that line you are on decides whether the law treats you as a pedestrian. Here is the wording, what it means at curbs and crosswalks, and the scooters we would consider for Wisconsin streets and seasons.

Section 340.01: who is a pedestrian

Wis. Stat. s. 340.01(43) reads: "'Pedestrian' means any person afoot or any person in a wheelchair, either manually or mechanically propelled, or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person, but does not include any person using an electric scooter or an electric personal assistive mobility device."

A seated mobility scooter made for people with disabilities fits the middle of that sentence. The exclusion at the end uses a defined term. Under s. 340.01(15ps), "'Electric scooter' means a device weighing less than 100 pounds that has handlebars and an electric motor, is powered solely by the electric motor and human power, and has a maximum speed of not more than 20 miles per hour on a paved level surface when powered solely by the electric motor."

That definition does not mention seats or disability, and some travel mobility scooters weigh well under 100 pounds. We did not find a Wisconsin source that addresses how a lightweight seated mobility scooter is treated under these two definitions. If your model is in that weight range and the question matters, ask the Wisconsin Department of Transportation or your local police.

Once you are a pedestrian, the crossing and roadway rules follow. Under s. 346.24(1), at a crosswalk without signals or an officer directing traffic, "the operator of a vehicle shall yield the right-of-way to a pedestrian" crossing within a marked or unmarked crosswalk. Subsection (2) bars a pedestrian from suddenly leaving the curb into the path of a vehicle. Off the sidewalk, s. 346.28(1) says a pedestrian traveling along a highway "other than upon a sidewalk shall travel on and along the left side of the highway" and move to the outer edge when meeting a vehicle, if practicable. Subsection (2) requires drivers to "yield the right-of-way to pedestrians" on sidewalks as s. 346.47 requires.

Scooters for Wisconsin streets and storage

• Heavier riders who keep the scooter in a garage: Pride's Maxima 4-wheel carries up to 500 lbs, travels up to 19.5 miles on a charge and does not come apart, so it suits a home with ramp or garage access.
• Lifting into a car: the Feather Power Scooter weighs 37 lbs without batteries, folds, and can be pulled along on its rear tip wheels. It supports up to 265 lbs.
• Stability for daily errands: Golden's LiteRider 4-Wheel comes apart into six pieces with no wires to connect, carries 300 lbs and goes up to 12.5 miles; its heaviest piece is the 52 lb front half.
• Uneven sidewalks: Pride's Go Go Endurance Li is a four-wheel travel scooter with front and rear suspension, a 325 lb capacity and an 8Ah lithium pack Pride describes as airline-safe.

Figures are the makers' as shown on each product page. The Feather (37 lbs) and the Endurance Li (93.5 lbs) are both listed under 100 lbs without batteries, which is why the definitions above are worth a careful read.

Wisconsin seasons for a scooter rider

NOAA's Wisconsin summary describes cold winters in the south and frigid ones in the north, with snowfall from about 30 inches a year in the south to more than 100 inches in the Gogebic Range. Summers bring their own concern: NOAA names extreme heat as "a particular concern for densely populated urban areas such as Milwaukee, where high temperatures and high humidity can cause dangerous conditions." Annual precipitation reached a record 44.6 inches in 2019. For a scooter, that adds up to indoor storage and charging, a plan for snowy sidewalks, and shade and water on hot days.

A few habits help in this climate. Keep the scooter where you can charge it without carrying batteries through the cold, and wipe off slush before it dries on the deck and controls. On days when sidewalks have not been cleared, the left-side rule in s. 346.28 means facing traffic on the road edge, which is worth avoiding after dark. And in a Milwaukee or Madison heat wave, plan shorter trips with a cool place to stop.

Help from WisTech

WisTech, Wisconsin's assistive technology program at the Department of Health Services, lists device loan, device demonstration, device reutilization and exchange, and alternative financing programs. The AT3 Center lists a financial loan program for Wisconsin too. Trying a device before buying can settle comfort and transport questions quickly.

Getting a scooter to Wisconsin

Scooters ship directly to your home. We ship to the lower 48 states and DC, with free shipping on orders over $500 ($15 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 Wisconsin, or let the scooter fit check narrow the choices.

Questions about mobility scooters in Wisconsin

Is a mobility scooter rider a pedestrian under Wisconsin law?

Wisconsin's definition, s. 340.01(43), includes a person in a wheelchair or "other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person." It excludes "any person using an electric scooter." A mobility scooter built for people with disabilities fits the first part; confirm with WisDOT or police if your model is borderline.

What is an "electric scooter" in Wisconsin?

Under s. 340.01(15ps), a device weighing less than 100 pounds with handlebars and an electric motor, powered only by that motor and human power, with a top speed of no more than 20 mph on a paved level surface. The statute does not mention seats or disability, so very light mobility scooters raise a question we could not resolve from state sources.

Do Wisconsin drivers have to yield to me at crosswalks?

Yes, where traffic is not controlled by signals or an officer. s. 346.24(1) requires the operator of a vehicle to yield the right-of-way to a pedestrian crossing within a marked or unmarked crosswalk. Pedestrians must not suddenly leave the curb into the path of a vehicle, under subsection (2).

Which side of the road should I use without a sidewalk?

s. 346.28(1) says a pedestrian traveling along a highway other than on a sidewalk "shall travel on and along the left side of the highway," moving to the outer edge of the traveled portion when meeting a vehicle, if practicable. That means facing oncoming traffic.

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

Sources

• Wis. Stat. s. 340.01(43), pedestrian
• Wis. Stat. s. 340.01(15ps), electric scooter
• Wis. Stat. s. 346.24, crosswalks
• Wis. Stat. s. 346.28, pedestrians on highways and sidewalks
• NOAA NCEI State Climate Summaries: Wisconsin (2022)
• Pride Maxima 4-wheel product page
• Feather Power Scooter product page
• Golden LiteRider 4-Wheel product page
• Pride Go Go Endurance Li product page
• WisTech, Wisconsin Department of Health Services
• AT3 Center: Wisconsin