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