Micromobility commission issues recommendations to better regulate and expand use to Massachusetts Legislature

The Massachusetts Department of Transportation (MassDOT) has filed the Special Commission on Micromobility Final Report with the Massachusetts Legislature, a report examining the current state of and local regulations for micromobility. The commission was established by the legislature as part of the economic development bill, the Mass Leads Act.

The commission included leadership from MassDOT, the Executive Office of Public Safety and Security (EOPSS), Department of Conservation and Recreation (DCR), members of the legislature, municipal leadership and law enforcement, representatives of the electric bicycle and scooter industries and mobility advocates. 

“Micromobility device use has grown and offers alternative transit solutions. Given the multitude of manufacturers and the differing capabilities and functionality that they all offer, I applaud Gov. [Maura] Healey for her guidance of this micromobility commission, and I want to thank the legislature for their support through the Mass Leads Act,” said Interim MassDOT Secretary and Massachusetts Bay Transportation Authority General Manager Phil Eng. “I want to thank the commission, whose membership included the Executive Office of Public Safety and Security, Department of Conservation and Recreation, local leaders and law enforcement officials, transit advocates and academic experts for a road map of recommendations that strives to clarify legal classification, ensure safety, and establish driver’s education requirements. Their efforts build upon our efforts to strengthen safety across all mode to deliver that well balanced transportation network that the public deserves and expects. We are optimistic that these recommendations will lead to a safe and well-regulated adoption of micromobility devices in the Commonwealth.”

The report also serves to aid in the development of recommendations to expand the use of micromobility solutions use to help achieve shared goals for increasing mobility options, emission reductions and economic vitality.

“Safety is our number one priority at MassDOT, and the recommendations of the Special Commission on Micromobility will ensure that future growth of micromobility devices focuses on safety for all road users,” said MassDOT Undersecretary and State Highway Administrator Jonathan Gulliver. “Through close cooperation with our Highway Safety team, the Special Commission on Micromobility recommends amendment to state law to include all types of micromobility incidents in MassDOT crash statistics, an improvement which would give our planners and project designers essential data to make decisions on safety and operational improvements.” 

The commission’s report was filed with the legislature, with the following recommendations:

• Legislative and regulatory changes: The legislature should add the necessary legal definitions to Massachusetts General Law and update all existing relevant definitions or remove those that are no longer relevant.
• Speed-based classification schema: The Commission recommends that the legislature adopt a methodology to classify micromobility devices; define requirements for operating a device based on its classification; place restrictions on where a given device can be operated; define what standards a device should be manufactured to; and devise a way to identify an individual device.
• Micro ID: The legislature should establish a time-limited working group with funding to design a statewide Micro ID Decal pilot. This will convene a multi-agency working group to develop a light-touch micromobility identification framework using a tamper-evident decal that links to a record confirming device tier, basic safety compliance, and limited, opt-in personally identifiable information for authorized parties.
• Police training: The Massachusetts State Police Academy and the Massachusetts Police Training Committee should develop and deliver training for law enforcement officers, consistent with new and current micromobility laws, regulations and guidelines.
• Crash Report and vulnerable user data: The legislature should amend state law to enable the inclusion within MassDOT’s crash data system of micromobility-involved crashes that don't also involve an operated motor vehicle.
• Default maximum speed on paths: The legislature should establish a default maximum speed of 20 MPH on shared use paths, applicable statewide, unless otherwise posted. Path-operating entities retain the authority to lower the limit based on context-specific factors such as user volume, path width, crossings, geometry, adjacent land uses. 
• Education campaign: Law enforcement and state and local stakeholders, such as Safe Routes to Schools, should collaborate with relevant community partners, such as local bike shops, to develop and deliver an educational campaign to inform micromobility users about laws, regulations, local ordinances, & safety practices. 
• Recommendation 8: Automated Enforcement: The legislature should authorize automated enforcement on infractions that impact vulnerable users, such as speeding, the improper use of bus and bike lanes, and red light running.
• Model municipal traffic control ordinance: MassDOT should include model micromobility traffic control regulations and prohibitions on obstructing bicycle lanes in its Sample Regulation for a Standard Municipal Traffic Code.  
• Design guidance: MassDOT and DCR should develop context-sensitive design guidance for state and municipal trails and shared-use paths that establishes recommended design parameters: addressing the separation of pedestrian and wheeled modes, design speed, signage, and emerging-micromobility, incorporating variations appropriate to urban, suburban, and rural contexts. 
• Micromobility integration: The MBTA and other RTAs should adopt and implement a micromobility integration plan.
• Funding for upgrades: The legislature should increase appropriations for existing state programs, particularly the Complete Streets Funding Program and the Shared Streets & Spaces Program, to further assist municipalities in expanding their networks and transitioning from interim infrastructure treatments.
• Expand bikeshare: The legislature should establish a reliable and sustainable funding mechanism to support publicly owned, docked micromobility share systems. A combination of formula-based operating support and competitive grants for system expansion should be explored.
• Fund more e-bike subsidies: The legislature should fund, and MassCEC should expand, the statewide e-bike rebate program.
• Commercial use micromobility study: The legislature should allocate funds for MassDOT to commission a study from an academic partner to understand how micromobility is used in commercial settings, particularly in the package delivery and food delivery industries.
• Presumed liability study: MassDOT should work with an academic partner to study the hierarchy of responsibility in a crash and the potential effects of introducing a “Presumed Liability” law.

MassDOT notes that the Special Commission on Micromobility’s recommendations will be used going forward as a resource for future legislation, regulations and program development to support safety and encourage growth and expansion of micromobility.