is designed to travel on not more than three wheels in contact with the ground;
has handlebars and a floorboard that a rider uses to stand on the device during operation;
has a motor that can power the device with or without human propulsion at a speed not more than thirty miles per hour on a paved level surface;
is not an [electric personal assistive mobility device]; and
is not for the exclusive use of persons with physical disabilities.
Under [the vehicle code] an E-SCOOTER is equivalent to a bicycle and is not a motor vehicle.
A [local authority] may require registration and regulate operation of E-SCOOTERS.
DRAFT MUNICIPAL LEGISLATION
DEFINITIONS
“DOCKLESS MOBILITY SYSTEM (DMS)” means DOCKLESS MOBILITY UNITS and the physical and digital infrastructure that enables their use.
“DOCKLESS MOBILITY UNIT (DMU)” means a bicycle, electric bicycle, [electric personal assistive mobility device], E-SCOOTER, or other mobility device that an individual can rent to ride from one location to another location even if the location has no physical infrastructure for rental or return.
“E-SCOOTER” means a device that:
weighs less than eighty pounds;
is designed to travel on not more than three wheels in contact with the ground;
has handlebars and a floorboard that a rider uses to stand on the device during operation;
has a motor that can power the device with or without human propulsion at a speed not more than thirty miles per hour on a paved level surface; and
is not an [electric personal assistive mobility device] or **.
“DOCKLESS MOBILITY PROVIDER” means a person that owns or furnishes a DOCKLESS MOBILITY SYSTEM.
“DOCKLESS MOBILITY PROVIDER PERFORMANCE BOND” means a bond to cover costs incurred by the [MUNICIPALITY] in removing, impounding, storing, disposing of, and otherwise managing a DOCKLESS MOBILITY UNIT that is unauthorized, nonoperational, unsafe, improperly parked, or otherwise subject to removal.
“DOCKLESS MOBILITY PROVIDER PERMIT” means an [annual] authorization by the [MUNICIPALITY] for a DOCKLESS MOBILITY SYSTEM under the terms of the authorization.
“DOCKLESS MOBILITY USER” means an individual who rides or is in actual physical control of a DOCKLESS MOBILITY UNIT that is rented.
“E-SCOOTER USER” means an individual who rides or is in actual physical control of an E-SCOOTER, regardless of whether the E-SCOOTER is part of a DOCKLESS MOBILITY SYSTEM.
DOCKLESS MOBILITY PROVIDER PERMIT
A DOCKLESS MOBILITY PROVIDER must have a DOCKLESS MOBILITY PROVIDER PERMIT
To apply for a DOCKLESS MOBILITY PROVIDER PERMIT a person must:
submit the information specified by the [MUNICIPALITY];
represent under penalty of perjury that the information submitted is truthful; and
pay a nonrefundable application fee of [$500].
The [MUNICIPALITY] may in its sole discretion issue, deny, modify, renew, suspend, or revoke a DOCKLESS MOBILITY PROVIDER PERMIT.
A DOCKLESS MOBILITY PROVIDER PERMIT authorizes a DOCKLESS MOBILITY SYSTEM to exist under the conditions specified by the [MUNICIPALITY].
A DOCKLESS MOBILITY PROVIDER must register each DOCKLESS MOBILITY UNIT with the [MUNICIPALITY] on an [annual] basis.
To register a DOCKLESS MOBILITY UNIT, a DOCKLESS MOBILITY PROVIDER must:
Submit the information specified by the [MUNICIPALITY];
Pay a registration fee of [$20] per UNIT [for the first [100] UNITS, [$30] per UNIT for the next [400] UNITS, [$40] per UNIT for the next [500] UNITS, [$50] per UNIT for the next [1000] UNITS, and [$100] per UNIT for each UNIT thereafter]; and
Maintain a DOCKLESS MOBILITY PROVIDER PERFORMANCE BOND in an amount no less than [$100] per DOCKLESS MOBILITY UNIT.
[A DOCKLESS MOBILITY PROVIDER must maintain no fewer than [50] and no more than [5000] functional DOCKLESS MOBILITY UNITS in the [MUNICIPALITY].]
DOCKLESS MOBILITY SYSTEM
A DOCKLESS MOBILITY PROVIDER must equip and maintain each DOCKLESS MOBILITY UNIT so that the UNIT has a functional:
brake;
front light that emits white light visible from at least [500] feet;
rear reflector;
rear light that emits red light visible from at least [500] feet;
device that enables the UNIT to stand securely upright when parked; and
geolocation and communications system that can report the location of and allow the deactivation of the UNIT at any time.[2]
A DOCKLESS MOBILITY PROVIDER must:
Enable a person to communicate with the DOCKLESS MOBILITY PROVIDER at any time and in a way that does not require the person to be a DOCKLESS MOBILITY USER, to have a specialized digital interface, or to waive a legal right;
Enable the [MUNICIPALITY] to communicate directly at any time with an individual agent of the DOCKLESS MOBILITY PROVIDER who is available and authorized by the DOCKLESS MOBILITY PROVIDER to remove a DOCKLESS MOBILITY UNIT and to respond to other emergency requests;
Enable a DOCKLESS MOBILITY USER to ride a DOCKLESS MOBILITY UNIT only if the UNIT is in a safe condition; and
Repair or remove a DOCKLESS MOBILITY UNIT within [two hours] of a communication or indication that the UNIT is unsafe or nonfunctional.
REPORTING
A DOCKLESS MOBILITY PROVIDER must provide to the [MUNICIPALITY]:
A maintenance schedule and log when requested by the [MUNICIPALITY];
A [monthly] report in a form acceptable to the [MUNICIPALITY] that includes:
The total number of trips, total trip time, total miles traveled, mean speed when moving, maximum speed when moving, total functional time, and mean battery life for each DOCKLESS MOBILITY UNIT;
A usage factor for each hour of each day that is to be calculated by dividing the total number of in-use minutes in that hour for all DOCKLESS MOBILITY UNITS by the total number of functional minutes in that hour for all DOCKLESS MOBILITY UNITS;
An explanation of comments received from USERS and other persons regarding the DOCKLESS MOBILITY SYSTEM; and
A description of each crash or other safety-related incident known to the PROVIDER.
The location of a DOCKLESS MOBILITY UNIT when requested by the [MUNICIPALITY]; and
Trip data when requested by the [MUNICIPALITY], but the PROVIDER may anonymize data if it describes the method of anonymization.
A DOCKLESS MOBILITY PROVIDER must notify the [MUNICIPALITY] and DOCKLESS MOBILITY USERS of a known or suspected data security breach.
A DOCKLESS MOBILITY PROVIDER may not sell or share the personally identifiable information of a DOCKLESS MOBILITY USER without the express consent of the DOCKLESS MOBILITY USER unless required by law.
EQUITY
A DOCKLESS MOBILITY PROVIDER may not discriminate on the basis of race, color, national origin, religious belief or affiliation, sex, disability, age, sexual orientation, gender identity, or destination within the service area of the DOCKLESS MOBILITY SYSTEM.
A DOCKLESS MOBILITY PROVIDER must communicate charges for using a DOCKLESS MOBILITY UNIT to the USER prior to, during, and after use.
A DOCKLESS MOBILITY PROVIDER must provide a method for using a DOCKLESS MOBILITY UNIT that does not require access to a smart phone or credit card.
A DOCKLESS MOBILITY PROVIDER must locate at least [10 percent] of DOCKLESS MOBILITY UNITS on a daily average in areas where the median income falls below or at the federal poverty line or where public transportation ends.
RIDING AND PARKING
An E-SCOOTER USER:
[Must be at least [15] years old;]
[Must wear a helmet if traveling more than [5] miles per hour;]
Must not be under the influence of alcohol or another drug such that operation of a motor vehicle would be unlawful under [the state or local vehicle code];
An E-SCOOTER USER:
May not ride the E-SCOOTER on a facility that is closed to E-SCOOTERS;
Must travel less than [5] miles per hour on a sidewalk or pedestrian plaza that is open to E-SCOOTERS;
Must travel less than [15] miles per hour on a shared-use pathway that is open to E-SCOOTERS;
Must yield the right-of-way to, exercise due care to avoid colliding with, and give notice to when overtaking a pedestrian or bicyclist; and
Must, unless otherwise specified, comply with [the state and local vehicle codes] as [they] would apply to the rider of a bicycle.
A DOCKLESS MOBILITY USER:
Must park the DOCKLESS MOBILITY UNIT upright and in a place and manner that minimizes the obstruction of and provides at least [five] feet of clearance for pedestrians;
May not park the DOCKLESS MOBILITY UNIT:
On vegetation;
On any grate, utility hole cover, or access lid;
In a loading zone, driveway, vehicle travel lane, bike lane, or shared-use path;
Where parking of a DOCKLESS MOBILITY UNIT of that type is prohibited;
Where the DOCKLESS MOBILITY UNIT obscures a regulatory or informational sign or traffic control device;
Where the DOCKLESS MOBILITY UNIT obstructs emergency service infrastructure including but not limited to a fire hydrant or an Automated External Defibrillator; or
Where the DOCKLESS MOBILITY UNIT poses a hazard to persons.
A USER of a DOCKLESS MOBILITY UNIT who fails to comply with a rule for riding or parking the UNIT commits a violation and is subject to the penalty specified in [the state or local vehicle code].
A DOCKLESS MOBILITY PROVIDER must take reasonable steps to ensure that a DOCKLESS MOBILITY USER uses the DOCKLESS MOBILITY UNIT in a lawful manner.
If a DOCKLESS MOBILITY UNIT is improperly parked, the DOCKLESS MOBILITY PROVIDER is responsible for the parking violation and for any costs incurred by the [MUNICIPALITY] in ticketing, removing, impounding, storing, disposing of, and otherwise managing the DOCKLESS MOBILITY UNIT.
LIABILITY, INSURANCE, AND INDEMNIFICATION
LIABILITY INSURANCE: A DOCKLESS MOBILITY PROVIDER must maintain a minimum of [$1 million] per occurrence in commercial general liability insurance and must name the [MUNICIPALITY], including its representatives, employees, and elected and appointed officials, and DOCKLESS MOBILITY USERS as additional insureds.[4]
[A DOCKLESS MOBILITY PROVIDER must defend, indemnify, and hold harmless the [MUNICIPALITY], including its representatives, employees, and elected and appointed officials, from and against any and all losses, damages, liabilities, penalties, fines, forfeitures, demands, claims, causes of action, suits, costs, expenses and reasonable attorneys’ fees and judgments arising out of or in any manner related to the DOCKLESS MOBILITY SYSTEM of the DOCKLESS MOBILITY PROVIDER.]