Waterford Council says they have no powers in relation to e-scooters.
Electric scooters have become more popular in recent years with the Road Safety Authority urging parents not to buy them for their children this Christmas.
Minister for Transport Eamon Ryan says he hopes to have legalisation for their use in place by next year.
Fianna Fail's Eamon Quinlan says there have been several near misses in Waterford.
"People are making complaints that they are being used in the Michael Street, Apple Market and John Roberts Square areas.
"They can get up to 25km, they're silent, they make no noise. There have been complaints that there's been near misses."
Fergus Galvin is Director of Service with responsibility for roads.
"They have all the same requirements, everything from design standards, to taxation and insurance that any other motor vehicle such as a motorbike or car would have.
"If they are being used in any public place, that's footpaths, roadways or cycle paths, they must conform to the normal road traffic regulations."
That's not currently possible here, although new legislation is being prepared.
Fergus Galvin added that it's currently a matter for Gardai.
"If one of these is being driven on a public road, public footpath or other public places a garda has the right to stop and look for compliance with the road traffic regulations."
