DICKINSON — A portion of 30th Avenue West was closed Saturday afternoon just west of Dickinson Middle School while authorities said they were investigating a “serious crash involving a scooter.”

Late that evening, North Dakota Highway Patrol (NDHP) announced that a juvenile had died at the scene of the accident after her scooter had struck a light pole between 18th Street West and 19th Street West, According to NDHP, she had veered right while traveling southbound, and the scooter overturned.

For reference, the area of 18th Street West and 19th Street West described by law enforcement is south of the traffic light near Dickinson Middle School on 21st Street West, while still north of 15th Street West road that accesses Cornerstone Bank off 20th Avenue West.

According to NDHP, the driver of the scooter – a juvenile – was wearing a helmet at the time of the accident.

The scooter, according to the statement, was a 2021 Honda WW150.

The area of the accident is posted with a speed limit of 35 miles per hour. 30th Avenue West is a four lane road.

A scooter or a motorcycle?

NDHP described the vehicle – a 2021 Honda WW150 – in Saturday’s accident as “a scooter”, a description that begs explanation. Insurance Auto Auctions, Inc. (IAAI) has four separate Honda WW150s listed in stock, and all four are described as follows:

• Vehicle: Motorcycle
• Body Style: Scooter
• Engine: 157 cc

Further complicating the matter, most sources describe Honda WW150s as the same vehicle as the Honda PCX150.

Scooters are not allowed on city streets in Dickinson, according to Section 58-391 of city code. Motorcycles, however, must operate on streets.

The most recent information from the City of Dickinson on the definition of similar vehicles was posted just days ago by the Dickinson Police Department (DPD). The statement, which sparked heated discussion across social media and to which DPD even responded publicly, stemmed from a recent update to city municipal code Section 58-1 which aimed to clarify the definition of e-bike.

There is no explicit definition for scooter in the glossary at the top of of the

newly-updated format of Section 58-1 attached to the video from DPD

. Multiple references in Section 58, however, define how scooters can be operated. Further on in Chapter 58, however, Section 58-390 which can be found in the city’s online Municode database defines a “motorized scooter” as a “a self-propelled device which has a motor or engine, a deck on which a person may ride and at least two wheels in contact with the ground and which is not otherwise defined in N.D.C.C. § 39-01-01(47), as amended, as a motor vehicle,” even though the definition is not listed in the glossary.

Dickinson Press file photo

The word “scooter” does not appear in Chapter 39 of North Dakota Century Code.

However, North Dakota Department of Transportation (NDDOT) clearly states alongside licensing requirements that “a maximum piston or rotor displacement of 49.98 cc (3.05 cubic inches enabling a speed not to exceed 30 mph on a level surface” is one of the qualifying factors of “a motorized bicycle/scooter.”

RubyAnn Stiegelmeier / The Dickinson Press

A motorcycle, according to NDDOT alongside licensing requirements, has “a minimum piston or rotor displacement of 49.99 cc or greater enabling a speed greater than 30 mph.”

A Honda WW150, according to the specifications listed on the IAAI website, has a 157 cc engine, and most online sources agree that a Honda WW150 has a top speed of 60-75 miles per hour.

Section 58-1 of Dickinson city code, as found in the newly-updated version posted by DPD, also says that “motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, regardless of the engine components (electric, gas, etc.), but excluding implements of husbandry. The term “motorcycle” does not include an electric bicycle as defined.”

Dickinson Press file photo

So, was the juvenile driving a motorcycle or a scooter?

“The definitions at the state level are a little different than ones we use locally,” said Lt. Mike Hanel of the Dickinson Police Department (DPD) in a conversation with the Press.

What does the City of Dickinson have to say?

The Press reached out to city administrator Dustin Dassinger to clarify whether the city views a Honda WW150 as a motorcycle based on municipal code. Dassinger forwarded the question to the chief of police in lieu of answering, and no response was received from Chief Cianni at the time of reporting. However, Lt. Mike Hanel responded to the question, sharing more information from DPD’s point of view.

Dickinson Police Department said that the Honda WW150 is “most definitely considered a motorcycle,” based on the engine combustion.

“We will most likely have to address this in our next round of ordinance reviews,” Hanel added.

People with further questions should reach out to Dickinson Police Department, he said.

“We want to make sure that the public doesn’t have any lingering questions about what constitutes an e-bike or a motorcycle,” Hanel said.

Toy vehicles and scooters are “on the horizon” for the city to address in upcoming ordinance changes, according to Hanel. Deputy Chief Hanson is spearheading those efforts, according to Hanel, and no specific timeline is in place for the changes, but “it’s something we want to address sooner rather than later.”

Do teens need a motorcycle license to operate one?

Adjacent to the information about a “motorized bicycle/scooter”, NDDOT states that a person as young as 14-15 can obtain a motorcycle permit or a motorcycle license in North Dakota. Plus, according to NDDOT, if the person completes a Basic Rider Course from the Motorcycle Safety Foundation within the prior year, the road test for obtaining a permit or license is waived.

A teen must hold a permit for at least two months prior to obtaining a license.

However, in the portion of Dickinson municipal code cited by DPD in their e-bike ordinance videos, Sec. 58-459 states clearly that “no child under the age of 12 years shall operate a motorized skateboard, motorized scooter or an electric bicycle.”

The gap between the age of 12 listed in Dickinson municipal code and the age of 14 listed in NDDOT licensing regulations raises further questions about the matter.

Can scooters be driven on the roadway, or only sidewalks?

The newly updated Section 58-458 of Dickinson municipal code states the following under the heading ‘prohibited operation’:

“No person shall operate a motorized skateboard, motorized scooter or an electric bicycle:

• (1) On any sidewalk in the City, except for use in crossing such sidewalk by the most direct route to gain access to any public or private road or driveway when operating at a speed 15 miles per hour or more. Any operation under 15 miles per hour is permitted.
• (2) In any City parking structure or City park, except for use on public roadways or designated community paths or trails within such park; (3) On any public property that has been posted or designed by the owner of such property as an area prohibiting skateboards;
• (4) On any public roadway consisting of a total of four or more marked traffic lanes, or having an established speed limit of greater than 25 miles per hour; or
• (5) On any private property of another, or any public property which is not held open to the public for vehicle use, without the written permission of the owner, the person entitled to immediate possession of the property, or the authorized agent of either.”

Dickinson city code also mandates in Sec. 58-460 that “a person operating a motorized skateboard,motorized scooter or electric bicycle on a roadway at less than the normal speed of traffic, at the time and place and under the then existing conditions, shall ride as close as practicable to the right-hand curb or edge of the roadway…”

Dickinson Press file photo

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In response to questions about the Saturday accident, Lt. Hanel clarified that the vehicle the youth was driving on was classified as a motorcycle based on its engine displacement, and that the vehicle was required to operate on the roadway, not the sidewalk.

If she had been driving a scooter, could she have used the sidewalk?

A sidewalk exists on the east side of 30th Avenue West, but there is no sidewalk on the west side of the road, despite homes and businesses – even newly-opened ones – being located west of 30th Avenue West, especially in the busy I-94 business corridor.

A lack of visible crosswalks complicates travel, as well.

RubyAnn Stiegelmeier / The Dickinson Press

There is no crosswalk across 30th Avenue West at 19th Street West, even though a home is located in the immediate area.

Also, it is difficult to ascertain whether crosswalks are present at 15th Street West and West Ridge Drive to allow people to cross from the eastern sidewalk to the businesses and homes in the area west of 30th Avenue West. Yellow padding is in place at the curb in each street’s location, but no striping is visible across 30th Avenue at either street to alert motorists of a crosswalk. At West Ridge Drive in particular, the yellow padding leads – not to a sidewalk – but a grassy gap area without any official marking that it’s even a walkway.

The Press asked Lt. Hanel whether he was aware of any plans to upgrade safety measures in the area of 30th Avenue West and West Ridge Drive.

Hanel did not share any specific information, but directed the Press to the city’s engineering department to ask about any potential plans to upgrade the sidewalks or crosswalks in that portion of 30th Avenue West. The Press reached out to the engineering department but did not receive a response by the time of publication, likely due to the timing of the Memorial Day holiday weekend.

RubyAnn Stiegelmeier / The Dickinson Press

Gray areas and further remaining questions

Dickinson municipal code still leaves several questions unanswered, especially in regards to Saturday’s accident.

When will the city address the discrepancy in the definitions of the term “scooter”?

Many small electric scooters are capable of traveling over the speed of 15 miles per hour, so does requiring scooters traveling above the speed of 15 miles per hour to travel on the roadway improve the safety of Dickinson, or does the regulation push scooter drivers to use the roadway alongside other larger, faster vehicles?

Will the city enact a stipulation in municipal code that youth without a motorcycle license must operate scooters on sidewalks or bike paths only? Since city code allows children as young as 12 to operate scooters, and scooters are required to be on the road if they’re going over 15 miles per hour, how will the city address this?

Why have no sidewalks been built on the west edge of 30th Avenue West, despite extensive business development – including apartment complexes – going on in the area? Why is the sidewalk incomplete at West Ridge Drive? Also, most strikingly, why are there no clearly marked crosswalks for either pedestrians or scooter users across that area of 30th Avenue West?

Most of all, will Section 58-460 of municipal code, which requires scooter drivers to “travel as close as practicable to the right-hand curb” contribute to future incidents, since the juvenile was traveling southbound and then according to NDHP, “veered right, overturned, and struck a light post?”