SB 5751 — Concerning motorized foot scooters.

S-2401.2SUBSTITUTES-0762.2SENATE SENATE BILL 5751State of Washington66th Legislature2019 Regular SessionBySenateSessionBySenators Transportation (originally sponsored by Senators Liias, Rivers, and Palumbo)READPalumboAN FIRST TIME 03/01/19.AN ACT Relating to motorized foot scooters;

amending RCW 46.04.336, 46.04.670, 46.61.710, and 46.61.710;46.20.500;

RCW 46.04.336 and 2009 c 275 s 3 are each amended to read as follows:"Motorized foot scooter" means a device with ((nono more than))than two ((ten-inch((ten-inch))twelve-inch or smaller diameter))ordiameter three wheels that has handlebars, ((isis designed to))ato floorboard that can be stood upon ((byby the operator))whileoperator, riding, and is powered by an internal combustion engine or electric motor that ((isis capable of propelling the device with or without human propulsion at a speed no more))has a maximum speed of no more than twenty miles per hour on level ground.For purposes of this section, a motor-driven cycle, a moped, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.Sec.

Operation of a motorized foot scooter or class 3 electric-assisted bicycle on a sidewalk is unlawful, unless there is no alternative for a motorized foot scooter or a class 3 electric-assisted bicycle to travel over a sidewalk as part of a bicycle or pedestrian path.(4) Removal of any muffling device or pollution control device from a moped is unlawful.(5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles.(6) Electric-assisted bicycles and motorized foot scooters may have access to highways of the state to the same extent as bicycles, subject to RCW 46.61.160, and may be parked to the same extent as bicycles.(7) Subject to subsection (10) of this section, class 1 and class 2 electric-assisted bicycles and motorized foot scooters may be operated on a shared-use path or any part of a highway designated for the use of bicycles, but local jurisdictions or state agencies may restrict or otherwise limit the access of electric-assisted bicycles and motorized foot scooters, and local jurisdictions or state agencies may regulate the use of class 1 and class 2 electric-assisted bicycles and motorized foot scooters on facilities and properties under their jurisdiction and control.control, subject to section 5 of this act.

Municipalities shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic;(c) A state agency or local government may regulate the operation of an EPAMD within the boundaries of any area used for recreation, open space, habitat, trails, or conservation purposes.NEWpurposes.Sec. SECTION.  Sec.

ARCW new46.20.500 sectionand is2018 addedc to60 chapters 46.614 RCWare each amended to read as follows:(1) ANo localperson authority may regulatedrive theeither operationa oftwo-wheeled motorizedor foota scootersthree-wheeled andmotorcycle, sharedor scootersa withinmotor-driven itscycle jurisdictionunless including,such butperson nothas limiteda to,valid by:(a)driver's Requiringlicense scooterspecially shareendorsed operatorsby the director to payenable fees;(b)the Requiringholder scooterto sharedrive operatorssuch tovehicles.(2) indemnifyHowever, thea localperson authoritysixteen foryears claims,of demands,age costsor includingolder, reasonableholding attorneys'a fees,valid losses,driver's orlicense damages,of broughtany againstclass issued by the localstate authorityof andthe arisingperson's outresidence, ofmay anyoperate negligenta act,moped error,without omission,taking orany willfulspecial misconductexamination byfor the scooteroperation shareof operatora ormoped.(3) itsNo officersdriver's and/orlicense employees;is required for operation of an electric-assisted bicycle.

exceptPersons tounder thesixteen extentyears that the claims, demands, costs, losses, or damages, arise out of theage localmay authority'snot negligence;(c)operate Requiring that shared scooters be staged in a mannerclass compliant3 withelectric-assisted thebicycle.(4) AmericansNo withdriver's disabilitieslicense act,is required to ensureoperate clearan passageelectric ofpersonal pedestrianassistive trafficmobility ondevice sidewalks;(d) Adopting and assessing penalties for moving or parkinga violationspower involvingwheelchair.(5) sharedNo scootersdriver's tolicense theis personrequired responsible for such violation, which shall not exceed penalties assessed to ridersoperate of bicycles.(2) For the purposes of this section:(a) "Scooter share operator" means a personmotorized offeringfoot sharedscooter. scooters for hire.

AllMotorized scooterfoot sharescooters operatorsmay mustnot carrybe theoperated followingat insuranceany coverage:(i)time Commercialfrom generala liabilityhalf insurancehour coverageafter withsunset to a limithalf ofhour atbefore leastsunrise onewithout millionreflectors dollarsof fora eachtype occurrenceapproved andby fivethe millionstate dollarspatrol. aggregate;

and(ii)Persons Automobileunder liabilitysixteen insuranceyears coverage with a combined single limit of atage leastmay onenot millionoperate dollars.(b)a "Scooter share program" means the offering of shared scooters for hire.(c) "Shared scooter" means any motorized foot scooterscooter. offered for hire.

AllMotorized sharedfoot scooters mustmay bearnot be operated at a singlespeed uniquegreater alphanumericthan identificationfifteen visiblemiles fromper hour.(6) A person holding a distancevalid ofdriver's fivelicense feet,may whichoperate shalla notmotorcycle beas obfuscateddefined byunder brandingRCW or46.04.330(2) otherwithout markings,a andmotorcycle whichendorsement.(7) shallA beperson usedoperating throughouta themotorcycle state,with includinga stabilizing conversion kit must have a valid driver's license specially endorsed by localthe authorities,director for a three-wheeled motorcycle to identifyenable the sharedholder scooter.---to ENDoperate ---such a motorcycle.NEW SECTION.  Sec.

5.

A new section is added to chapter 46.61 RCW to read as follows:(1) A local authority may regulate the operation of motorized foot scooters within its jurisdiction by:(a) Restricting the maximum speed a person may operate a motorized foot scooter in pedestrian zones, such as plazas and promenades;(b) Adopting and assessing penalties for moving or parking violations involving motorized foot scooters to the person responsible for the violation, which shall not exceed penalties assessed to riders of bicycles.(2) A local authority may regulate the operation of shared scooters within its jurisdiction by:(a) Requiring scooter share operators to pay fees, provided that the total amount of the fees collected do not exceed the reasonable cost to the local authority of administering scooter share programs;(b) Requiring scooter share operators to indemnify the local authority for claims, demands, costs, including reasonable attorneys' fees, losses, or damages brought against the local authority, and arising out of any negligent act, error, omission, or willful misconduct by the scooter share operator or his or her officers and/or employees, except to the extent the claims, demands, costs, losses, or damages arise out of the local authority's negligence;(c) In the interests of safety and right-of-way management, designating locations where scooter share operators may not stage shared scooters, provided that at least one location is permitted on each side of each city block in commercial zones and business districts;(d) Adopting and assessing penalties for moving or parking violations involving shared scooters to the person responsible for the violation, which shall not exceed penalties assessed to riders of bicycles.(3) A local authority may require scooter share operators, as a condition for operating a scooter share program, to provide to the local authority anonymized fleet and ride activity data for all trips starting or ending within the jurisdiction of the local authority on any vehicle of the scooter share operator or of any person or company controlled by, controlling, or under common control with the scooter share operator, provided that, to ensure individual privacy:(a) The data is provided via an application programming interface, subject to the scooter share operator's license agreement for the interface, in compliance with a national data format specification, such as the mobility data specification;(b) Any data provided is treated as trade secret and proprietary business information, shall not be shared to third parties without the scooter share operator's consent, and is not treated as owned by the local authority;

and(c) Such data shall be considered personally identifiable information, and shall under no circumstances be disclosed pursuant to public records requests received by the local authority without prior aggregation or obfuscation to protect individual privacy.(4) In regulating shared scooters or scooter share programs, a local authority may not impose any unduly restrictive requirement on a scooter share operator, including requiring operation below cost, nor subject riders of shared scooters to requirements more restrictive than those applicable to riders of privately owned motorized foot scooters or bicycles.(5) For the purposes of this section:(a) "Scooter share operator" means a person offering shared scooters for hire.

All scooter share operators must carry the following insurance coverage dedicated exclusively for operation of shared scooters:(i) Commercial general liability insurance coverage with a limit of no less than one million dollars for each occurrence and five million dollars aggregate;(ii) Automobile insurance coverage with a limit of no less than one million dollars for each occurrence and one million dollars aggregate;(iii) Umbrella or excess liability coverage with a limit of no less than five million dollars for each occurrence and five million dollars aggregate;

and(iv) Where the scooter share operator employs persons, workers' compensation coverage no less than required by law;(b) "Scooter share program" means the offering of shared scooters for hire.(c) "Shared scooter" means any motorized foot scooter offered for hire.

All shared scooters must meet the following requirements to be offered for hire:(i) Bear a single unique alphanumeric identification visible from a distance of five feet, which shall not be obfuscated by branding or other markings, and which shall be used throughout the state, including by local authorities, to identify the shared scooter;

and(ii) Have a locking mechanism to enable the user to lock the shared scooter to a stationary physical object such as a bike rack.--- END ---