At their Oct. 14 meeting, Prosper Town Council members received a presentation about ongoing safety concerns regarding juvenile usage of e-bicycles and e-motorcycles around town.
Council members are planning to decide on updates to the town’s ordinances surrounding these vehicles at their next meeting, with officials hoping to have new ordinances in place prior to the holiday season.
What you need to know
According to town documents, the Prosper Police Department has seen an increase in reports made about riders, specifically young adults, “operating unsafely, disobeying traffic laws, damaging public and private property and in some cases harassing pedestrians.”
Police Chief Doug Kowalski said e-motorcycles have been the main problem despite having more e-bicycles in town.
“Twenty percent of the vehicles out there are motorcycles, but they’re creating 80% of the problem,” Kowalski said.
Kowalski showed council members videos of improper e-bike and e-motorcycle usage and examples of young juveniles riding on main roads as well as one rider evading police officers at a shopping center.
“It’s all fun and games until somebody gets hurt,” Kowalski said. “One of these children is going to get hurt or they’re going to hurt a pedestrian.”
How we got here
Prosper adopted a town ordinance in April classifying e-bikes as motor vehicles, which are prohibited from operating off the pavement or main-traveled portion of public roadways. Under state law, e-motorcycles are classified as motor vehicles and e-bikes are not.
Additionally, officials also prohibited e-bikes in specific park zones in July, including playgrounds, athletic fields and certain trail areas.
Violations of both town ordinances are classified as Class C misdemeanors, according to town documents.
Breaking it down
Kowalski said part of the problem comes from a misunderstanding of e-motorcycles versus e-bicycles and their different classifications.
The department, in partnership with the town and Prosper ISD, are planning to start a public education campaign highlighting the difference between the kinds of vehicles and what laws they must comply with.
E-motorcycles:
- Classified as motor vehicles under state law
- Requires a Class M driver’s license—minimum age 16—registration and insurance
- Three classifications but treated the same as standard bicycles
- Does not require a license, registration or insurance
- Must comply with bicycle traffic laws and local ordinances
What it means
Kowalski said the department has been enforcing improper electric vehicle usage through issuing citations for unlicensed and uninsured vehicle operation as well as riding without a helmet or in prohibited areas.
The department has impounded uninsured vehicles as well, Kowalski said.
With the new ordinance, Kowalski said they plan to issue citations to parents if they are allowing unlicensed juveniles to operate e-motorcycles and e-bicycles as they are classified as motor vehicles in the town of Prosper.
Penalties for the proposed ordinance cannot be higher than $500, and the proposed regulations include:
- First offense: fined $100, required to take bicycle safety course
- Second offense: fined $200, required to attend a hearing before a municipal court judge
- Third offense: fined $500, required to attend a hearing before a municipal court judge
Starting with the second offense, the electric vehicle can be confiscated by the officer and released to the child and parent or guardian.
Kowalski said safety is the primary concern, and there will be no warning period once the new ordinance is in effect.
What they’re saying
Council member Marcus Ray said parents have to have a shared responsibility in making sure children are in compliance with town ordinances.
“I was almost hit by a kid doing a wheelie,” Ray said. “It’s a problem that we need to protect against.”
Council members said the initially proposed fines are likely too low and would prefer a higher starting penalty, such as $250 for the first offense.
“This has been a thorn in my side for a while,” Mayor David Bristol said. “Hopefully they get the message before [parents] buy any more of these.”
What’s next?
The item is planned to go before the Town Council at its Oct. 28 meeting.
