San Jose To Crackdown On Rogue E-scooters

SAN JOSE, CA -- With 24 fatalities recorded this year from vehicle crashes, a pedestrian might argue it's already perilous to walk around the streets of Santa Clara County's largest city without adding another hazard.

They're just not alone. San Jose sidewalks, paths and lanes are filled with walkers, joggers, skateboarders, cyclists, some roller skaters, "One Wheel" enthusiasts and now electric scooters in great numbers. People on the move have gone overboard on the shared-use mobility vehicle, and in some cases, over the handlebars of these e-scooters that look like a cross between a skateboard and bike.

Cities from as far north as Seattle have noticed a surge in activity and even crashes on the sidewalks, with e-scooter riders not realizing where they should be riding -- in a bike lane, not the sidewalks where people on foot want safe haven. One e-scooter rider crashed into a McDonald's sign in South Lake Tahoe.

San Jose's Department of Transportation has moved forward with a permitting program to regulate shared micro-mobility systems such as shared e-scooters. The program will go into effect in February 2019, giving the city regulatory authority over the operations of companies that are granted an operating permit. Lime and Bird currently run operations in San Jose.

The transportation department will be authorized to regulate several aspects of e-scooter companies’ operations, ranging from the number of devices deployed and safety education to parking and access. The new rules will also require companies to prevent their riding customers from using sidewalks.

The issue can mushroom into a problem when it's known there aren't enough officers on the road to patrol the activity. Even if there were, San Jose police officers have tough enough jobs managing violent crime in the increasingly growing metropolis.

"Our regulations will impose some restrictions on where the companies and their riders may park the scooters, and we will also impose a maximum speed of 12 miles per hour for crowded locations like downtown," city transportation department spokesman Colin Heyne told Patch. "Following a request from the mayor and other council members, we are requiring the companies to develop and deploy technology that will prevent the scooters from being operated in a motorized capacity on sidewalks in busy areas."

The memorandum reads: "In addition to complying with standard permit requirements, companies will be required to deploy technology that in designated areas primarily sidewalks with high pedestrian activity like downtown and transit station areas." The city is asking scooters operate at a maximum speed of 5mph -- a casual walking pace. Scooters may only be operated at full speeds within bike lanes and shared lanes referred to as the 'sharrows.'"

“We look forward to the continued evolution of this program, and making certain that this exciting mobility solution is one that is safe for all San Jose residents” Mayor Sam Liccardo said.

E-scooters can be a bane and a blessing, buzzing around town in such a way that's opened a hornet's nest to those trying to share the sidewalks.

Lime calls its riders "juicers," and sometimes they negotiate traffic like they're juiced. The e-scooters traditionally entered the market with no speeds. Now they come with three. Last fall, the company poured $50 million into the venture.

Education of the law appears to be a primary issue. Many riders don't wear helmets, which is what California law requires. Also, the law also requires riders have a valid driver's license, stay clear of the sidewalks and avoid roads with speed limits over 25mph.

City councils statewide have also inquired about how the e-scooter speed would be governed. If there's a substantial crash, cities could be liable -- but the law favors the local governments.

"We need to make sure these devices are being responsibly ridden, parked, and maintained," Acting Director of Transportation John Ristow said. "The permit program gives us the tools to manage the scooter companies who want to operate in San Jose today as well as the micro-mobility companies of tomorrow, who may develop technologies we haven’t even dreamed of yet.”

The city conducted extensive outreach while developing the regulations, with a process that began in last spring. The city department consulted with partnering agencies in the county and region, along with stakeholder organizations. It also observed what other cities have done.

The city received dozens of emails from the public. In June, it hosted a community outreach event that combined a vendor demonstration with a community workshop. With the establishment of a regulated permit program, the city will also launch an outreach and educational campaign. The department will be developing informative tools to clearly communicate the rules of the road to e-scooter riders. Once permits are issued, micro-mobility companies will be required to educate riders on state and local laws as well as the safe use of the devices.

The e-scooter companies may request an application for a permit by emailing micro.mobility@sanjoseca.gov.

--Image via Sue Wood, Patch