Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3410 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 741 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3410
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Angelo J. Puppolo, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to electric foot scooter operating requirements.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo J. Puppolo, Jr.12th Hampden1/17/2023Bud L. Williams11th Hampden1/25/2023 1 of 6
16	16	HOUSE DOCKET, NO. 741 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3410
18	18	By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 3410) of
19	19	Angelo J. Puppolo, Jr. and Bud L. Williams relative to electric foot scooter operating
20	20	requirements. Transportation.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to electric foot scooter operating requirements.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016
30	30	2General Edition, is hereby amended by adding the following definitions:
31	31	3 “Electric foot scooter”, any device weighing less than 100 pounds, with two or three
32	32	4wheels, handlebars and a floorboard that can be stood upon while riding, which is solely
33	33	5powered by an electric motor and/or human power, and whose maximum speed, with or without
34	34	6human propulsion on a paved level surface, is no more than twenty miles per hour. An electric
35	35	7foot scooter is not a motorized scooter.
36	36	8 “Shared mobility device,” an electric foot scooter, a motorized scooter, or other similar
37	37	9personal transportation device, that is made available to the public by a shared mobility service
38	38	10provider for shared use and transportation in exchange for financial compensation via a digital
39	39	11application or other electronic or digital platform. 2 of 6
40	40	12 “Shared mobility device provider,” a company or other entity that makes shared mobility
41	41	13devices available for shared use and transportation in exchange for financial compensation via a
42	42	14digital application or other electronic or digital platform.
43	43	15 SECTION 2. Section 1 of Chapter 90 of the General Laws, as appearing in the 2016
44	44	16General Edition, is hereby amended as follows:
45	45	17 In line 6 of the definition of “motorized scooter”, adding the words “or an electric foot
46	46	18scooter”.
47	47	19 "Motorized scooter'', any 2 wheeled tandem or 3 wheeled device that has handlebars,
48	48	20designed to be stood or sat upon by the operator, powered by an electric or gas powered motor
49	49	21that is capable of propelling the device with or without human propulsion. The definition of
50	50	22"motorized scooter'' shall not include a motorcycle or motorized bicycle or a 3 wheeled
51	51	23motorized wheelchair or an electric foot scooter.
52	52	24 In line 14 of the definition of “motor vehicles”, adding the words “or electric foot
53	53	25scooters” following “bicycles”.
54	54	26 "Motor vehicles'', all vehicles constructed and designed for propulsion by power other
55	55	27than muscular power including such vehicles when pulled or towed by another motor vehicle,
56	56	28except railroad and railway cars, vehicles operated by the system known as trolley motor or
57	57	29trackless trolley under chapter one hundred and sixty-three or section ten of chapter five hundred
58	58	30and forty-four of the acts of nineteen hundred and forty-seven, vehicles running only upon rails
59	59	31or tracks, vehicles used for other purposes than the transportation of property and incapable of
60	60	32being driven at a speed exceeding twelve miles per hour and which are used exclusively for the
61	61	33building, repair and maintenance of highways or designed especially for use elsewhere than on 3 of 6
62	62	34the travelled part of ways, wheelchairs owned and operated by invalids and vehicles which are
63	63	35operated or guided by a person on foot; provided, however, that the exception for trackless
64	64	36trolleys provided herein shall not apply to sections seventeen, twenty-one, twenty-four, twenty-
65	65	37four I, twenty-five and twenty-six. The definition of "Motor vehicles'' shall not include
66	66	38motorized bicycles or electric foot scooters. In doubtful cases, the registrar may determine
67	67	39whether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it
68	68	40should be so classified, he may require that it be registered under this chapter, but such
69	69	41determination shall not be admissible as evidence in any action at law arising out of the use or
70	70	42operation of such vehicle previous to such determination.
71	71	43 SECTION 3. Chapter 90 of the General Laws, is hereby amended by inserting after
72	72	44Section 1I the following section:-
73	73	45 Section 1J. An electric foot scooter shall not be operated upon any way, as defined in
74	74	46section one within the commonwealth, at a speed in excess of twenty miles per hour.
75	75	47 An electric foot scooter may be operated where bicycles are permitted to travel, and a
76	76	48person operating an electric foot scooter shall have the right to use all public ways in the
77	77	49commonwealth except limited access or express state highways where signs specifically
78	78	50prohibiting electric foot scooters or bicycles have been posted. An electric foot scooter may be
79	79	51parked on a sidewalk in a manner not impeding the normal flow of pedestrian traffic.
80	80	52 An electric foot scooter operator shall be subject to all traffic laws and regulations of the
81	81	53commonwealth, provided that 1) an electric foot scooter operator shall keep to the right side of
82	82	54the road, including when passing a motor vehicle which is moving in the travel lane of the way,
83	83	55unless the electric foot scooter operator is preparing to execute a left turn or when reasonably 4 of 6
84	84	56necessary to avoid hazardous conditions; 2) an electric foot scooter operator shall yield to
85	85	57pedestrian traffic at all times.
86	86	58 An electric foot scooter shall be equipped with a brake, and, when in use at nighttime,
87	87	59with lights visible from the front and the rear.
88	88	60 Every person under age sixteen operating an electric foot scooter shall wear protective
89	89	61headgear conforming with such minimum standards of construction and performance as the
90	90	62registrar may prescribe.
91	91	63 No person operating an electric foot scooter shall permit any other person to ride as a
92	92	64passenger on the electric foot scooter.
93	93	65 A person convicted of a violation of this section shall be punished by a fine of not more
94	94	66than twenty-five dollars for the first offense, not less than twenty-five nor more than fifty dollars
95	95	67for a second offense, and not less than fifty nor more than one hundred dollars for subsequent
96	96	68offenses committed.
97	97	69 Shared mobility device insurance requirements:
98	98	70 (A)The shared mobility service provider must maintain commercial general liability
99	99	71insurance coverage with limits not to exceed one million dollars ($1,000,000) for each
100	100	72occurrence for bodily injury or property damage caused by the shared mobility device, including
101	101	73contractual liability, personal injury, and product liability and completed operations, and not less
102	102	74than two million dollars ($2,000,000) aggregate for all occurrences caused by the shared
103	103	75mobility device during the policy period. The insurance shall not exclude coverage for injuries or
104	104	76damages caused by the shared mobility service provider to the shared mobility device user. 5 of 6
105	105	77 (B)The shared mobility service provider must offer, or make available to the shared
106	106	78mobility device operator to obtain, insurance coverage for personal bodily injury or death
107	107	79suffered by a pedestrian when the injury or death involves, in whole or in part, the negligent
108	108	80conduct of the shared mobility device user, of an amount not to exceed ten thousand dollars
109	109	81($10,000) for each occurrence of personal bodily injury to, or death of, one pedestrian in any one
110	110	82accident. A shared mobility service provider shall not allow an operator to ride a shared mobility
111	111	83device without the coverage described in this subsection.
112	112	84 A shared mobility service provider may partner with an insurer to provide an option to its
113	113	85users via its digital application or other electronic platform where the user may purchase
114	114	86insurance coverage for bodily injury or death suffered by a pedestrian when the injury or death
115	115	87involves, in whole or in part, the negligent conduct of the user of a shared mobility device, of at
116	116	88least ten thousand dollars ($10,000) for each occurrence of bodily injury to, or death of, one
117	117	89pedestrian in any one accident. The shared mobility service provider may fund the cost of
118	118	90providing this coverage itself and pass the cost on in its standard fee to users, or through a
119	119	91separate charge to users.
120	120	92 Nothing in this section shall prohibit a provider from requiring a user to enter into an
121	121	93indemnity contract whereby the user will indemnify the provider for the user’s proportionate
122	122	94share of liability. The indemnity contract shall not require the user to defend or indemnify the
123	123	95provider for the provider’s negligence or willful misconduct. This section shall not be waived or
124	124	96modified by contractual agreement, act, or omission of the parties.
125	125	97 SECTION 4. Said chapter 90 is hereby further amended by inserting after section 1J the
126	126	98following section:- 6 of 6
127	127	99 Section 1K. Within 90 days after this Act is effective, the department shall issue
128	128	100recommendations regarding best practices for the safe operation of electric foot scooters. The
129	129	101recommendations and best practices may: (1) establish vehicle specifications and speed limits;
130	130	102(2) establish age restrictions; (3) establish guidelines or restrictions on the operation of electric
131	131	103foot scooters on sidewalks; (4) address data sharing and protection requirements for persons or
132	132	104entities offering electric foot scooters for hire and local authorities; (6) address fines to be
133	133	105assessed for violations upon electric foot scooters; and (7) address any other matters related to
134	134	106safe operation of electric foot scooters.