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Pilot Motorized Scooter Program

(Executive Guidelines for Implementation)

Current Status: Per Florida State Attorney General Advisory Legal Opinion (AGO 2003-44)
motorized scooters are not legal to operate on public roads, because they cannot be licensed and
registered as motor vehicles, and are specifically restricted from being operated on sidewalks per
Florida Statutes Section 316.003(21)). Florida Statute 316.008(7)(a) provides for municipalities to
enact local ordinances to allow use of motorized scooters on sidewalks with restriction that such
devices cannot be operated at speeds exceeding 15 miles per hour.

Recommendation – Develop a Request for Application (RFA) for Pilot Motorized Scooter Shared
Active Transportation Companies (Companies) to provide service within City limits by: a) amending
the appropriate City Codes; and, b) requiring (Companies) to enter into a Memorandum of
Understanding (MOU) Agreement for Personal Mobility Vehicle Pilot Program with an Operations and
Maintenance Plan.
• Companies to provide service on sidewalks and multi-use paths only within City limits.
• Companies vehicles will have Global Position System (GPS) and Inertia Navigation System
(INS) technology for speed reduction control, vehicle disablement and dead-reckoning
technique to supply accurate less than 3 feet positioning during the absence of GPS signals in
urban canyons for recommended sidewalk speeds of 5 – 8 mph.

Involved Departments – Transportation and Stormwater Services, Planning and Developments,


Legal Department, Tampa Police Department, Parks and Recreation Neighborhood
Empowerment, Intergovernmental Relations and Purchasing Department

Recommended Code Revisions


• Chapter 25 – Transportation; Division 1 – General Provisions; Administrative Authority;
Definitions; Sec. 25-4. – Definitions. Revise language to better define Motorized Scooter,
Shared Mobility Device, Shared Active Transportation Program, Shared Active Transportation
Company (Company), Shared Active Transportation and Small Vehicles.
• Chapter 25 –173 Reserved Operation of a Shared Mobility Device Program – Penalties
and Impoundment Add language to allow use of motorized scooters on sidewalks, -
including violations and penalties for failure to meet MOU requirements.
• Recommend to complete final code revisions before next Legislative Session.

Pilot Program MOU *


• Allow three (3) motorized scooter company to enter in MOU for the pilot program.
• Twelve (12) months duration with option for additional extensions in six-month increments.
• Establish the geographical areas for deployment (reference map).
• Establish maximum number of motorized scooters allowed within specified geographical
areas.
o Downtown Area = 300 o North of Downtown = 300
o West of Downton = 300 o Expansion Area = 600
o East of Downtown = 300
o Total = 1800 scooters in 12 square mile area.
• Establish liability insurance and indemnification requirements.
• Require compliance with local, state and federal laws (e.g. passing, yielding, helmet
laws.
Pilot Program for Motorized Scooter Shared Active Transportation September 2018
Executive Guidelines For Implementation

• Parking considerations
o Establish user restrictions for motorized scooter parking/staging.
o Company will identify and mark motorized scooter parking corrals in the public
right-of-way within specified geographical areas.
 Downtown Area = 30 corrals
 West of Downton = 30 corrals
 East of Downtown = 30 corrals
 North of Downtown = 30 corrals
 Expansion Area = 60 corrals
 Total = 180 corrals with density of 10 scooters per corral.
o City will retain the right to limit and restrict scooter parking locations and times,
such as, The Riverwalk, 7th Avenue, Bayshore Boulevard, Tampa International
Airport and Port Tampa Bay property.
o Companies to implement measures that incentivize positive parking behavior
(e.g. demerit/credit system).
o Companies to provide scooter bounty - have users correct offending scooters for
a credit.
o Companies to provide contact information located on each scooter to allow for
the reporting of an unsafe or illegal parked scooter.
• Open Data and Reporting - Require monthly reporting upon request by the City for the
following:
o Aggregated system usage - Number of scooters in service, total unique users,
total miles ridden, total number of rentals, average rental duration,
o Monthly summary of scooter distribution and GPS-based natural movement in
heat map format and any other data needed for right-of-way protection and
planning.
• MOU applications to be reviewed by various department’s including Legal, P&D and
TSS. Permit parking locations are to be issued under the P&D Right-of-Way Mgmt, etc.

Enforcement
• Under Chapter 25-173 Operation of Shared Mobility Device Program – Penalties and
Impoundment - Civil citations may be issued by Code Enforcement and TPD for failure
to meet motorized scooter requirements.
• MOU revocation for non-compliance.

Tentative Process Timing


• Prepare Ordinance revisions (Sep 17 – November 4, 2018)
• SIRE Deadline – November 5, 2018
• First Reading (Ordinance Revisions) (November 15, 2018)
• SIRE Deadline (December 10, 2018)
• Second Reading (Ordinance Revisions) and Fee Resolution (December 20, 2018)
• Effective Date (January 1, 2019)
• Begin Procurement Process (RFA) (January 2, 2019).

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RFA for RFA Motorized Scooter Dockless-Share-Guide FINAL 09-28-2018
Pilot Program for Motorized Scooter Shared Active Transportation September 2018
Executive Guidelines For Implementation

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Pilot Program for Motorized Scooter Shared Active Transportation September 2018
Executive Guidelines For Implementation

Considerations
• Consider lobbying legislative delegation to draft bill to specifically allow for small vehicles
to be:
o Considered equivalent to bicycle and electric personal assistive mobility devices;
and,
o Allowed to operate on low-speed streets (< = 30 mph) and on bicycle facilities.
• Establish a framework for development of potential RFP and/or right-of-way permit
process for long-term implementation.
• Evaluate cost to City to run program.
• Consider amending City Ordinance Sec. 16-53. - Regulation of vehicles within
parks, ((g) and (i)), to clarify locations where motorized scooters are to be allowed or
prohibited.
• If City will permit motorized scooters to be operated on certain business district
sidewalks, then consider revising City Ordinance Sec. 25-185. – Same — Riding on
sidewalks, which restricts the riding of bicycles on sidewalks within business districts to
be consistent with scooter operations.
• Consider enacting City Ordinance for scooters that is consistent with F.S. 316.2065
Bicycle regulations Parts (9) and (10)
o A person propelling a vehicle by human power upon and along a sidewalk, or
across a roadway upon and along a crosswalk, has all the rights and duties
applicable to a pedestrian under the same circumstances.
o A person propelling a bicycle motorized scooter upon and along a sidewalk, or
across a roadway upon and along a crosswalk, shall yield the right-of-way to any
pedestrian and shall give an audible signal before overtaking and passing such
pedestrian.
• Consider setting a maximum allowable speed for motorized scooters on sidewalks (i.e. –
5 – 8 mph)
• Evaluate infrastructure issues - furniture zones, conditions of pavement and sidewalks,
sidewalk widths.
• Evaluate during the pilot phase, the feasibility and potential for revenue sharing in a
permanent program.
• Evaluating various technology options (i.e. - GPS accuracy with Inertia Navigation
System) during pilot program.
• Evaluate equity considerations, including various vehicle types (i.e. - 2-wheel and 3-
wheel models).
• Continue prioritizing designated corridors and infrastructure improvements to
accommodate for Small Vehicles.
• Continue tracking and monitoring accident data for all vulnerable road users.
• Coordinate on vehicle impoundment process and locations.
• Coordinate with FDOT regarding use on State roads and trails.

Regulations
• Florida Statutes Chapter 316 – State Uniform Traffic Control
o 316.003 Definitions.—
 (4) BICYCLE.
 (42) MOTOR VEHICLE.
 (44) MOTORIZED SCOOTER.
 (99) VEHICLE.
o 316.008 Powers of local authorities.—
 (7)(a) A county or municipality may enact an ordinance to permit, control,
or regulate the operation of vehicles, golf carts, mopeds, motorized
scooters, and electric personal assistive mobility devices on sidewalks or
sidewalk areas when such use is permissible under federal law. The
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Executive Guidelines For Implementation

ordinance must restrict such vehicles or devices to a maximum speed of


15 miles per hour in such areas.
o 316.1995 Driving upon sidewalk or bicycle path.—
o 316.2065 Bicycle Regulations
o 316.2068 Electric personal assistive mobility devices; regulations.
• Florida Statutes Chapter 320 – Motor Vehicle Licenses
o 320.01 Definitions, general.—
 (1) “Motor vehicle” means:
o 320.02 Registration required; application for registration; forms.—
o 320.08 License taxes.—
• Florida Statutes Chapter 322 – Driver Licenses
o 322.01 Definitions.—As used in this chapter:
 (27) “Motor vehicle”
o 322.03 Drivers must be licensed; penalties.—
• City Codes of Ordinances
o TRANSPORTATION Sec. 25-184. - Bicycles—Parking.
o TRANSPORTATION Sec. 25-185. - Same — Riding on sidewalks.
o PARKS AND RECREATION Sec. 16-53. - Regulation of vehicles within parks.(g)
& (i)
• Florida State Attorney General Advisory Legal Opinion (AGO 2003-44) (Sep 25, 2003)
• Americans with Disabilities Act Title III Regulations – Part 36 Nondiscrimination on the
Basis of Disability in Public Accommodations and Commercial Facilities § 36.311
Mobility Devices. (Jan 17, 2017)

References
• Guidelines for the Regulation and Management of Shared Active Transportation (July
2018)
• Santa Monica CA Staff Report 3006 - Establish a Pilot Program for Shared Mobility
Devices
• City of Coral Gables FL – Electric Scooters Ready for a Spin in Coral Gables (Aug 8,
2018)
• USDOJ - ADA Requirements - Wheelchairs, Mobility Aids, and Other Power-Driven
Mobility Devices (Jan 21, 2014)

Media
• Arlington VA – Scooter and Dockless Bikeshare Pilot Program
• Washington Post - “Scooter use is rising in major cities. So are trips to the emergency
room.” (Sep 6, 2018)
• Washington Post Work Blog – “Quiz: Are these writers complaining about modern-day
scooters, or 19th-century velocipedes? (Sep 8, 2018).
• WAMU University, DC – “Dockless No More?” (Aug 30, 2018)
• Curbed – How cities should regulate the scooter surge ( July 11, 2018)
• Governing Magazine - An E-Scooter ‘Scourge’? Not So Fast. (Sep 2018)
• Miami Herald – Coral Gables just became the first city in Florida to allow scooters on its
streets (Aug 6, 2018)
• NPR Podcast - Electric Scooters, Controversy Roll Out In Cities Across the U.S.(Aug 30,
2018)
• CNET – The electric scooter wars continue. Here’s how they work (FAQ) (May 31,
2018)

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