Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Jackie Speier, District 1
Supervisor Ray Mueller, District 3
Subject: Introduction of an ordinance Related to “Electric Conveyance Devices”
RECOMMENDATION:
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Introduction of an ordinance amending Chapter 7.80 of the San Mateo County Ordinance Code to add provisions related to “Electric Conveyance Devices” and waive the reading of the ordinance in its entirety.
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BACKGROUND:
The increased popularity and affordability of Electric Conveyance Devices (“E-Conveyances”), including e-bikes, e-motorcycles, and similar vehicles, has resulted in more accidents due to unsafe operation including excessive speed, excessive power, and violations of law. Deaths from accidents are increasing, and the weight of these conveyances results in injuries more severe than those from manual pedal bicycles. The most vulnerable group involved in E-Conveyance accidents are school-aged youth, with data showing that 10-15 year olds can have a 5-times higher crash rate than other age groups. The County has received many requests from cities in San Mateo County for a model ordinance to address safety concerns and enforce violations.
California Vehicle Code Section 312.5 defines “Electric Bicycles” with a three-class system depending on product features and speeds. Other electric motor devices that are regulated by the Vehicle Code include “Electric Skateboards” (referred to in Vehicle Code Section 313.5 as “Electrically Motorized Board[s]”), Motorized Bicycles (Vehicle Code Section 406), and Motorized Scooters (Vehicle Code Section 407.5). In some cases, devices appear to be Electric Bicycles, but, because they don’t fit the State law definition of an “Electric Bicycle” or any other vehicle authorized to use public roads, their use is unlawful in public places.
DISCUSSION:
Existing State law contains a number of provisions related to electric bicycles and similar devices, and the proposed ordinance affirms the County’s commitment to enforcing those laws. In addition, the ordinance proposes new local rules to address gaps in State law, to include regulation of unsafe operation of Electric Conveyance Devices. The proposed ordinance provides for enforcement of local regulations, including administrative fines, youth diversion, and impoundment.
The Proposed Ordinance Highlights Existing State Law
The proposed ordinance identifies existing California Vehicle Code requirements for E-Conveyances and clarifies that the Sheriff’s Office enforces these State laws, including, but not limited to the following:
• Electric Bicycles are subject to the “rules of the road” and must obey all traffic laws, including riding with the flow of traffic, yielding to vehicles and pedestrians in the right-of-way or bicycle lane when required by law, and riding on the right-hand edge of the roadway except in specified circumstances;
• Electric Bicycles must have lights and reflectors and adequate brakes;
• All operators or riders under the age of 18 must wear a legally sufficient helmet;
• Electric Bicycles must be operated at a safe speed, without engaging in speed contests or an exhibition of speed, and cannot be operated with willful or wanton disregard for the safety of people or property; and
• Operation of electrically powered motor vehicles on public roads requires DMV registration and plates, unless the vehicle is exempt from that requirement under State law (i.e., the vehicle fits the State law definition of an Electric Bicycle, Electric Scooter, Electric Skateboard, etc.).
The Proposed Ordinance Sets Forth Local Regulations to Address Gaps in State Law
The proposed ordinance sets forth new local regulations for “E-Conveyances,” defined to include all legal Electric Bicycles, Electric Skateboards, Motorized Bicycles, and Motorized Scooters, in these specific areas:
• First, the proposed ordinance prohibits operating any E-Conveyance in an unsafe manner, such as a manner that is a danger to the operator, a passenger, other motorists, other riders, pedestrians, or property under the existing circumstances. Examples include carrying a passenger when the E-Conveyance is not designed to carry passengers, carrying an item that prevents full control or visibility or interferes with operation, and operation that poses a danger of serious bodily injury or death, such as acrobatics, tricks, wheelies, or stunts.
• Second, the proposed ordinance prohibits riding E-Conveyances on sidewalks except when entering or exiting a driveway.
• Third, the proposed ordinance would prohibit parking an E-Conveyance where it blocks a sidewalk or pedestrian path, or on any public property where bicycle parking is prohibited.
• Fourth, the proposed ordinance prohibits tampering with the manufacturer serial number or other unique identifier affixed to the frame of the device.
• Fifth, the proposed ordinance uses the term “Unregistered E-Conveyance” to describe devices that cannot, under State law, be registered and which are not presently exempt from registration. An example is a device capable of being set to perform in excess of 750 watts and capable of operating in excess of 28 miles per hour. Such a device is not lawful on public roads. The ordinance recognizes that State law prohibits operating these devices in public, but nonetheless prohibits operating them in an unsafe manner or on sidewalks, or parking such devices improperly, to provide an additional enforcement tool.
Enforcement Provisions for Local Regulations
Violations of the new local regulations would be punishable either as an infraction or an administrative fines in the amounts of $100 (first violation), $200 (second violation within one year of the first violation), and $500 (third and additional violations within one year of the first violation), for both youths and adults, with a right to appeal and reduce the fine for hardship. For unsafe operation violations, minors may be eligible for diversion, which would eliminate the fine upon completion of the diversion option. The County Executive’s Office is investigating options to establish a diversion program. The ordinance would further authorize the Sheriff’s Office to impound the minor’s E-Conveyance or Unregistered E-Conveyance. The proposed ordinance also identifies the various provisions of State law that impose liability on parents for violations of licensing requirements, endangering a child, and for certain willful misconduct of a minor that results in injury or death or injury to property.
The County Attorney’s Office has reviewed and approved this ordinance as to form.
COMMUNITY IMPACT:
This ordinance seeks to protect the health, safety, and welfare of San Mateo County residents, and particularly youth, from the harms of illegal or unsafe use of E-Conveyances.
FISCAL IMPACT:
There is no direct fiscal impact to the County associated with adoption of the ordinance. However, enforcement by the County will likely result in future costs in an amount currently unknown.