Recently City Hall and the Police Department have received inquiries regarding the legality of motorized skateboards and motorized scooters being used on sidewalks and city streets. Please use the following information as a guide:

City Code 35-144 defines a skateboard as "any short board...to which is attached roller-skate-type wheels upon which a person sits, stands, kneels or lies while the device is in motion." There is no distinction regarding whether the skateboard is motorized or not.

Idaho Code 49-114(9) stated that a motorcycle must have a "seat or saddle for the use of the riders" so a scooter does not meet the definition of a motorcycle. It does, however, meet the definition of a moped because it is under 50cc and is direct drive with a speed of less than 30 mph and there is no requirement for a "seat or saddle" to be a moped. However, neither a motorcycle endorsement nor a helmet would be a requirement regardless of age.

Idaho Code 49-301 states specifically that "no person, except those expressly exempted by the provisions of this chapter, shall drive any motor vehicle upon a highway unless the person has a valid Idaho driver's license."

Idaho Code 49-123(g) defines a vehicle as every "vehicle which is self-propelled...except vehicles moved solely by human power and motorized wheelchairs".

By state law, this would require the operator of a motorized skateboard or motorized scooter to have a valid license if they are being operated on a street.

A motorized skateboard does not fit the definitions for a motorcycle because it has four wheels and even if it did, it would be under 50cc so the operator would not need a motorcycle endorsement nor would they be required to wear a helmet, regardless of age.

City Code 35-143 specifically prohibits skateboard riding on all of the sidewalks in the downtown area west of 9th Street. It also prohibits the riding of skateboards in several public areas such as Brakenbury Square, on all sections of streets that have a downhill grade and on bridges.

Idaho Code 49-428(a) refers to the display of license plates on a motor vehicle. There is no specific exemption listed for motorized skateboards like there is for mopeds. Since motorized skateboards do meet the definition of a motor vehicle and are not specifically exempt, they need to be registered and have properly displayed license plates. Motorized scooters do meet the definition of a moped which is exempt so they do not need to be registered.

Idaho Code 49-1428 states that "it shall be unlawful for any person to operate a motor vehicle upon highways without a valid policy of liability insurance in effect." Again, motorized skateboards are not specifically exempt so they do need to have valid liability insurance is they are operated on the roadway. Motorized scooters also are not exempt and they would need to be insured.

Additionally, since motorized skateboards and motorized scooters are motor vehicles by definition, they cannot be driven on the sidewalk in any other manner than a car can be driven on the sidewalk, i.e. to cross the sidewalk at alley, parking lot and driveway entrances.