Ten-year-old Duke Ommert died after an electric scooter crash in Leawood last year when a car struck him as he crossed the street mid-block.
Duke’s death, other e-scooter and electric bike injuries (a 300% increase in emergency room visits from 2017 to 2024) and warnings from doctors have led to local authorities passing regulations — but Duke’s parents wanted statewide rules.
The deaths and injuries are rising as electric mobility becomes more common and the vehicles are easily available from online retailers.
But the issue is complicated by some vehicles sold as “e-bikes” actually being much closer to motorcycles and not fitting into established e-bike categories. Industry trade groups warn of that distinction and are trying to highlight the differences between true e-bikes and e-motorcycles.
Statewide action — or lack of
Duke’s parents, Monica and Ryan, requested legislation last Statehouse session to put weight, speed and age limits on e-scooters. The bill never made it to a committee hearing.
Rep. Mari-Lynn Poskin, the Democrat who represents the Ommerts in the Statehouse, said there were “weak whispers of ‘local control’” that defeated the bill.
Wichita Republican Rep. Steve Brunk, who is on the House Transportation Committee, said he doesn’t know why the bill never received a hearing. But he said the way e-scooter and e-bikes are used in rural Kansas might be different from how they’re used in urban areas.
A 2022 Kansas law separated e-bikes into three classes that align with bike industry standards and limits power to 750 watts. Class one and two e-bikes stop providing electrical assistance at 20 miles per hour, and class three stops at 28 miles per hour. The state bans people under 16 from operating class three e-bikes.
Bikes that go beyond that limit are likely considered an electric motorcycle or dirt bike and require a license.
There’s no state-wide helmet, licensing or registration requirement for e-scooters or e-bikes. They’re classified in the same way as regular bicycles.
The law that Duke Ommert’s parents requested, HB 2459 or Duke’s Law, would’ve only allowed kids ages 14 and older to operate an e-scooter.
“What drives legislation is if there is a series of accidents, and somebody says ‘Ah, okay. This is not a random one. This is happening with some frequency so we need to address it,’” Brunk said.
Last week, a 59-year-old e-bike rider died on U.S. Highway 166 in Coffeyville after being hit by a semi.
Ryan and Monica Ommert said they plan on reintroducing the bill for next year’s session.
Local-level control
Last week, a 13-year-old boy was hit by a car while riding his e-scooter to school in Leawood. He was wearing a helmet, and was released from the hospital, the Leawood Police Department said.
A helmet that the city of Leawood required him to wear. Leawood — and at least five other Johnson County cities — passed an ordinance requiring all minors to wear one while operating an electric or motorized bike, scooter or similar devices.
For now, the majority of regulations are left up to local jurisdictions. The types of regulations — and the level of intensity of them — vary from city to city.
There are the helmet regulations for e-scooter and e-bikes, which at least Topeka, Wichita and Lawrence have a version of as well as the Johnson County cities.
There are also speed limit regulations. In Topeka riders shouldn’t go over 15 miles per hour on an e-scooter. In Wichita the limit is 20 miles per hour.
E-scooters aren’t allowed on sidewalks in Wichita. Topeka bans them on some sidewalks, but not all. Lawrence has similar rules.
In Johnson County, the regulations are up to the cities. That leaves some riders breaking the law when they cross invisible city limits.
Johnson County health and safety experts are pushing for a unified approach to regulations across the county. A spokeswoman from the Johnson County Department of Health and Environment said the model policy will be available by the end of the month.
Grace Hills reports on politics for the Kansas News Service.
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