San Mateo County studies e-conveyance devices, again: Proposed ordinance would largely reiterate state law, give minimal local restrictions on proper device use
A draft ordinance related to electric micromobility devices was discussed by the Board of Supervisors Tuesday at length, in a study session about how the county can approach a growing epidemic of illegal transportation devices that are putting lives at risk.
After an ordinance was initially proposed by supervisors Jackie Speier and Ray Mueller in March, further study was deemed necessary on the topic. For over two hours on Tuesday, professionals, advocates, county employees and supervisors discussed the complex topic that touches upon sustainability, accessibility and public safety at once.
The proposed ordinance clarifies state law, clears up confusion and restates relevant regulations in a “manner that everyone can understand and be aware of,” Speier said Tuesday.
“We want people to be able to ride e-bikes, we want people to be able to walk on sidewalks, we want it to be a safe environment for everybody,” Speier said.
In the county’s ordinance, definitions aim to encompass the entire realm of concern. E-micromobility devices include e-bikes, e-scooters, e-skateboards, motorized bicycles otherwise referred to as e-motos, and motorized scooters otherwise referred to as mopeds.
It also establishes local regulations that build upon state law, including a prohibition of operating any of these devices in an “unsafe manner,” which means posing a danger to the operator or others. This may include use by multiple passengers when the device doesn’t allow for it, or tricks like wheelies.
The e-micromobility devices would also be banned from parking in any way that blocks sidewalks or pedestrian paths.
Whether the devices can be used at all on sidewalks remains up for debate. Whether normal bikes are allowed to be ridden on sidewalks varies between cities, and regulations on e-bikes follow suit.
Some cities restrict bikes on sidewalks altogether, while others allow riders to use sidewalks when the roads are unsafe to travel. Some have even established speed limits when riders are on sidewalks.
Without consistent precedent, county staff will continue analyzing the matter before an ordinance is finalized for adoption consideration.
Dylan, a fourth grader in Pacifica, said he usually rides his regular bicycle to school, but sometimes he rides a low-powered e-bike that goes up to 15 mph. Without bike lanes on city streets, he and other bike riders sometimes go on sidewalks so “we don’t get squashed by cars coming on and off the freeway,” he said during public comment.
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“Please don’t make my route to school more dangerous by forcing kids and parents onto roads without bike lanes,” Dylan said.
Proper infrastructure is one part of the San Mateo County Sheriff’s Office approach to tackling the e-micromobility device problem, Assistant Sheriff Ryan Monaghan said. Education, enforcement and engineering must all be addressed to properly solve the safety issue, he said.
Motor Deputy Christopher Larsen spoke as a subject matter expert about his experiences responding to calls for service related to e-micromobility devices. His priority is always to inform riders, often minors, of the laws and safety risks, and he tries to convey the message to adults and parents as well.
The proposed ordinance includes details of possible enforcement mechanisms, including incremental fines when offenses are made within the same year and the possibility of traffic safety education courses in lieu of the fine. Devices may be impounded for frequent violators.
To Mueller, the ordinance is desperately needed and he looks forward to moving it along at a future meeting.
“We have law enforcement and public health experts calling out for help to address an issue that is frankly past time,” Mueller said.
The time taken to study the topic further was appreciated by other supervisors. Board President Noelia Corzo said she hopes the ordinance doesn’t result in the overpolicing of certain communities over others, and Supervisor Lisa Gauthier wants to make sure students who use alternative modes of transportation to get to school remain able to do so.
“I want to make sure we’re not causing harm while trying to fix something at the same time,” Gauthier said.
As the county continues to refine its ordinance on the matter, legislators are looking at ways to hold manufacturers accountable, protect young riders and continue to promote sustainable transportation methods.
Two bills sponsored by Assemblymember Diane Papan, D-San Mateo, are making their way through the legislature at the moment, and address the issue in different ways from the proposed county ordinance.
One bill would establish a pilot program for San Mateo County that would allow all the county and cities to establish an age restriction on e-bike use, and another more directly addresses the engineered capability and power of e-bikes.
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