Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2244 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 782 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2244
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Anne M. Gobi
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 :Anne M. GobiWorcester and Hampshire 1 of 6
16	16	SENATE DOCKET, NO. 782 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2244
18	18	By Ms. Gobi, a petition (accompanied by bill, Senate, No. 2244) of Anne M. Gobi for legislation
19	19	relative to electric foot scooter operating requirements. Transportation.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to electric foot scooter operating requirements.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2020
29	29	2Official Edition, is hereby amended by adding the following definitions:
30	30	3 “Electric foot scooter”, any device weighing less than 100 pounds, with two or three
31	31	4wheels, handlebars and a floorboard that can be stood upon while riding, which is solely
32	32	5powered by an electric motor and/or human power, and whose maximum speed, with or without
33	33	6human propulsion on a paved level surface, is no more than twenty miles per hour. An electric
34	34	7foot scooter is not a motorized scooter.
35	35	8 “Shared mobility device,” an electric foot scooter, a motorized scooter, or other similar
36	36	9personal transportation device, that is made available to the public by a shared mobility service
37	37	10provider for shared use and transportation in exchange for financial compensation via a digital
38	38	11application or other electronic or digital platform. 2 of 6
39	39	12 “Shared mobility device provider,” a company or other entity that makes shared mobility
40	40	13devices available for shared use and transportation in exchange for financial compensation via a
41	41	14digital application or other electronic or digital platform.
42	42	15 SECTION 2. Section 1 of Chapter 90 of the General Laws, as appearing in the 2020
43	43	16Official Edition, is hereby amended as follows: In line 6 of the definition of “motorized scooter”,
44	44	17adding the words “or an electric foot scooter”.
45	45	18 "Motorized scooter'', any 2 wheeled tandem or 3 wheeled device that has handlebars,
46	46	19designed to be stood or sat upon by the operator, powered by an electric or gas powered motor
47	47	20that is capable of propelling the device with or without human propulsion. The definition of
48	48	21"motorized scooter'' shall not include a motorcycle or motorized bicycle or a 3 wheeled
49	49	22motorized wheelchair or an electric foot scooter.
50	50	23 In line 14 of the definition of “motor vehicles”, adding the words “or electric foot
51	51	24scooters” following “bicycles”.
52	52	25 "Motor vehicles'', all vehicles constructed and designed for propulsion by power other
53	53	26than muscular power including such vehicles when pulled or towed by another motor vehicle,
54	54	27except railroad and railway cars, vehicles operated by the system known as trolley motor or
55	55	28trackless trolley under chapter one hundred and sixty-three or section ten of chapter five hundred
56	56	29and forty-four of the acts of nineteen hundred and forty-seven, vehicles running only upon rails
57	57	30or tracks, vehicles used for other purposes than the transportation of property and incapable of
58	58	31being driven at a speed exceeding twelve miles per hour and which are used exclusively for the
59	59	32building, repair and maintenance of highways or designed especially for use elsewhere than on
60	60	33the travelled part of ways, wheelchairs owned and operated by invalids and vehicles which are 3 of 6
61	61	34operated or guided by a person on foot; provided, however, that the exception for trackless
62	62	35trolleys provided herein shall not apply to sections seventeen, twenty-one, twenty-four, twenty-
63	63	36four I, twenty-five and twenty-six. The definition of "Motor vehicles'' shall not include
64	64	37motorized bicycles or electric foot scooters. In doubtful cases, the registrar may determine
65	65	38whether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it
66	66	39should be so classified, he may require that it be registered under this chapter, but such
67	67	40determination shall not be admissible as evidence in any action at law arising out of the use or
68	68	41operation of such vehicle previous to such determination.
69	69	42 SECTION 3. Chapter 90 of the General Laws, is hereby amended by inserting after
70	70	43Section 1I the following section:-
71	71	44 Section 1J. An electric foot scooter shall not be operated upon any way, as defined in
72	72	45section one within the commonwealth, at a speed in excess of twenty miles per hour.
73	73	46 An electric foot scooter may be operated where bicycles are permitted to travel, and a
74	74	47person operating an electric foot scooter shall have the right to use all public ways in the
75	75	48commonwealth except limited access or express state highways where signs specifically
76	76	49prohibiting electric foot scooters or bicycles have been posted. An electric foot scooter may be
77	77	50parked on a sidewalk in a manner not impeding the normal flow of pedestrian traffic.
78	78	51 An electric foot scooter operator shall be subject to all traffic laws and regulations of the
79	79	52commonwealth, provided that 1) an electric foot scooter operator shall keep to the right side of
80	80	53the road, including when passing a motor vehicle which is moving in the travel lane of the way,
81	81	54unless the electric foot scooter operator is preparing to execute a left turn or when reasonably 4 of 6
82	82	55necessary to avoid hazardous conditions; 2) an electric foot scooter operator shall yield to
83	83	56pedestrian traffic at all times.
84	84	57 An electric foot scooter shall be equipped with a brake, and, when in use at nighttime,
85	85	58with lights visible from the front and the rear.
86	86	59 Every person under age sixteen operating an electric foot scooter shall wear protective
87	87	60headgear conforming with such minimum standards of construction and performance as the
88	88	61registrar may prescribe.
89	89	62 No person operating an electric foot scooter shall permit any other person to ride as a
90	90	63passenger on the electric foot scooter.
91	91	64 A person convicted of a violation of this section shall be punished by a fine of not more
92	92	65than twenty-five dollars for the first offense, not less than twenty-five nor more than fifty dollars
93	93	66for a second offense, and not less than fifty nor more than one hundred dollars for subsequent
94	94	67offenses committed.
95	95	68 Shared mobility device insurance requirements:
96	96	69 (A)The shared mobility service provider must maintain commercial general liability
97	97	70insurance coverage with limits not to exceed one million dollars ($1,000,000) for each
98	98	71occurrence for bodily injury or property damage caused by the shared mobility device, including
99	99	72contractual liability, personal injury, and product liability and completed operations, and not less
100	100	73than two million dollars ($2,000,000) aggregate for all occurrences caused by the shared
101	101	74mobility device during the policy period. The insurance shall not exclude coverage for injuries or
102	102	75damages caused by the shared mobility service provider to the shared mobility device user. 5 of 6
103	103	76 (B) The shared mobility service provider must offer, or make available to the shared
104	104	77mobility device operator to obtain, insurance coverage for personal bodily injury or death
105	105	78suffered by a pedestrian when the injury or death involves, in whole or in part, the negligent
106	106	79conduct of the shared mobility device user, of an amount not to exceed ten thousand dollars
107	107	80($10,000) for each occurrence of personal bodily injury to, or death of, one pedestrian in any one
108	108	81accident. A shared mobility service provider shall not allow an operator to ride a shared mobility
109	109	82device without the coverage described in this subsection.
110	110	83 A shared mobility service provider may partner with an insurer to provide an option to its
111	111	84users via its digital application or other electronic platform where the user may purchase
112	112	85insurance coverage for bodily injury or death suffered by a pedestrian when the injury or death
113	113	86involves, in whole or in part, the negligent conduct of the user of a shared mobility device, of at
114	114	87least ten thousand dollars ($10,000) for each occurrence of bodily injury to, or death of, one
115	115	88pedestrian in any one accident. The shared mobility service provider may fund the cost of
116	116	89providing this coverage itself and pass the cost on in its standard fee to users, or through a
117	117	90separate charge to users.
118	118	91 Nothing in this section shall prohibit a provider from requiring a user to enter into an
119	119	92indemnity contract whereby the user will indemnify the provider for the user’s proportionate
120	120	93share of liability. The indemnity contract shall not require the user to defend or indemnify the
121	121	94provider for the provider’s negligence or willful misconduct. This section shall not be waived or
122	122	95modified by contractual agreement, act, or omission of the parties.
123	123	96 SECTION 4. Said chapter 90 is hereby further amended by inserting after section 1J the
124	124	97following section:- 6 of 6
125	125	98 Section 1K. Within 90 days after this Act is effective, the department shall issue
126	126	99recommendations regarding best practices for the safe operation of electric foot scooters. The
127	127	100recommendations and best practices may: (1) establish vehicle specifications and speed limits;
128	128	101 (2) establish age restrictions; (3) establish guidelines or restrictions on the operation of
129	129	102electric foot scooters on sidewalks; (4) address data sharing and protection requirements for
130	130	103persons or entities offering electric foot scooters for hire and local authorities; (6) address fines
131	131	104to be assessed for violations upon electric foot scooters; and (7) address any other matters related
132	132	105to safe operation of electric foot scooters.