Nags Head to give Segways on path a second look

Less than two months after setting time and speed limits, Nags Head commissioners decided Wednesday to reconsider whether Segways should be allowed on the N.C. 12 multi-use path.

Two commissioners expressed concerns about safety, with one suggesting that a business was being accommodated at the expense of other users.

Commissioner Renee Cahoon had asked that the Board of Commissioners reconsider its June decision that allowed Segway tours between 9 a.m. and 3 p.m. and to limit the speed of the personal motorized devices to 6 mph.

Segway of Richmond, which is partnering with Kitty Hawk Kites to conduct guided Segway tours of the historic cottage district, had asked the town for permission to use the multi-use path.

The argument favoring the June decision was that state law considered Segways the same as pedestrians and towns could not ban them altogether, although they could set limits on their use.

Cahoon said Wednesday that she thought the town could legally prohibit Segways on the multi-use path. Expressing concerns about safety, she was the only one of the five commissioners to vote in June against allowing the machines on the path.

On Wednesday, Commissioner Anna Sadler questioned whether the Segways were being operated in the specified time period and within the 6 mph speed limit.

She and Mayor Pro Tem Wayne Gray said the path was not the place for motorized vehicles. Sadler said it is crowded enough with walkers, runners, bicyclists and baby strollers.

“You do what is best for the masses, not what a business entity wants to do,” she said.

Here’s what the law says:

“Use of Device. – An electric personal assistive mobility device may be operated on public highways with posted speeds of 25 miles per hour or less, sidewalks, and bicycle paths. A person operating an electric personal assistive mobility device on a sidewalk, roadway, or bicycle path shall yield the right of way to pedestrians and other human powered devices. A person operating an electric personal assistive mobility device shall have all rights and duties of a pedestrian, including the rights and duties set forth in Part 11 of this Article.

“Municipal Regulation. – For the purpose of assuring the safety of persons using highways and sidewalks, municipalities having jurisdiction over public streets, sidewalks, alleys, bridges, and other ways of public passage may by ordinance regulate the time, place, and manner of the operation of electric personal assistive mobility devices, but shall not prohibit their use.”

Commissioners did not take action but agreed to formally reconsider the issue at their September meeting.

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