Notes from the Task Force’s Friday, May 21, 2019 scooter policy discussion at Dallas City Hall



Attendees: Matthew Ables; Andrew Ittigson; Jack Gryczynski; Vince Perini; Tom Grant; Bud Melton; and John Clarkson; and DART Innovative Services Planner Bakari Height. On behalf of the city were Transportation Department Director Mike Rogers; Executive Manager Towfiq Khan; Assistant Director Brita Andercheck, Ph.D.; and Project Coordinator Jared White.

Mike Rogers thanked GPC for this collaboration, and framed the objective for the morning as sharing some of the city’s experience since the first Dockless Vehicle Permit ordinance was drafted (issued 6/29/2018), and expressing interest in obtaining our input as his department drafts a new ordinance for when the current one expires this November.
City staff laid out the City’s experience with dockless bikes, then scooters over the past year. As use of these vehicles – especially the e-scooters – has exploded in downtown and other parts of the city, along with the beneficial uses have come a host of complaints and concerns. These must be addressed in the new ordinance going forward.
Safety ranks as the number one source of concern. Despite the operators’ advice, e-scooters (which can reach 15 mph) are commonly operated without helmets, and on sidewalks, which is illegal throughout most of downtown.

Motorists; however, complain that scooter users using the streets often ignore basic vehicular rules of signaling and lane use. People are getting hurt using them. Staff shared a graphic and said that Baylor Hospital has begun formally tracking emergency room visits and hospitalizations related to the use of these devices, and report a spike in facial, extremity, and brain trauma by users of e-scooters in particular.

A city streetcar reportedly was hit by a scooter operator recently. Jared White highlighted the inherent physical problems with operating these high center-of-gravity, short-wheelbase devices, especially during nighttime hours. Accident data indicates that younger males, riding at night to have the highest risk of injury.

Enforcement of reasonable safety rules is another issue. It is the city’s position that operators must be the first line of the enforcement of proper use. Dallas Police officers have other priorities to maintain public order. Without the help of dockless operators (Lime, Bird, Ofo, etc.) in enforcing their own rules it doesn’t seem likely that change will occur.

Aesthetics is another concern. The scooters and bikes are often seen haphazardly “parked” (as if abandoned) by users on city streets “This detracts from our citizens’ experience of their city, and trashes its image for visitors,” said Khan.

Staff reported a changing relationship with dockless operators since the ordinance was passed. At first, it was quite contentious with operators refusing to share little, if any of their user data. Operators were recorded making extensive promises during City Council’s consideration of the ordinance, promising to provide vehicles in underserved parts of the city, and keeping unused vehicles properly collected and stored on the streets – and in particular, retrieving broken or abandoned devices.

Despite those promises, the City has received many complaints of vehicles being dumped in parks, lakes and creeks, laying about on sidewalks, blocking access for handicapped citizens and so forth.

Andercheck said the vehicle operators now share more of their data, and are allowing limited API access, which has been useful. But as far as providing better user education about helmets and where to ride, or policing unused vehicles, they have generally not lived up to their side of the agreement while profiting from use of the city’s right-of-ways.

It’s believed that the deeper driver for the dockless industry is the sale of data, not vehicle miles per se. Operators don’t seem to care if they’re renting scooters or bikes or mini-cars. What’s wanted is data and apps being used by personal cellphones.

The City’s aim all along has been to shift the transit paradigm from a dominant, auto-centric one – to include bikes and other micro-mobility options, particularly within the “first mile-last mile” use cases. Mr. Rogers and his staff believe that a mix of transportation modes will best-serve the city and the region in future decades.

The City deliberately took an open approach to dockless in 2018 – by not capping vehicle numbers or operators, and by keeping permit fees low to encourage usage. The new ordinance may need to be provisional as well, given the rate of change in technology and business models, but it must deal adequately with these emergent issues.

According to Khan and Andercheck, Los Angeles currently has the most sophisticated regulatory approach to dockless. They invited us to examine what’s been done there to regulate micro-mobility while applying data in innovative ways to make that city’s entire transportation system more effective.

The meeting, originally scheduled for an hour, ran nearly another hour beyond and engaged everyone in an informative and spirited conversation.

The department said it recognizes that having engagement and support of GDPC will be helpful in gaining Council approval on what may be a politically charged issue when it comes up again this Fall.

They have invited us into the drafting process for the new ordinance, and shared background documents to get us started.

Andercheck agreed to meet with our full Task Force at our June 21st meeting; and in the meantime - to meet with us after we’ve collected more data and gained additional insights into how the ordinance can be improved. Tentative scheduling for this meeting is underway.

Temporary Transit-oriented Development?

Transit-oriented design (TOD)  projects call for big money upfront, and new ideas for mixed land use can scare off investors. This piece suggests some tactical unbanism to test new ideas:

https://www.spur.org/news/2019-05-16/policy-proposal-jump-start-development-near-transit-temporary-tod

Some background articles on Micromobility

NATCO Guidelines on MM Regulation
https://nacto.org/2018/07/11/shared-active-transportation-guidelines/

Who gets injured riding e-scooters? Surprise. This JAMA study found they are young, male and don’t wear helmets
https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2722574
Dock-less


Found that bicycle sharing may promote bicycle use in a metropolitan setting. Findings from this study also highlight the importance of cycling-friendly built environments and cultural norms as facilitators of adopting cycling.
https://bmjopen.bmj.com/content/9/2/e024280

San Antonio regulations— a “light touch” approach at 10 bucks per year per vehicle to the city.
https://www.bizjournals.com/sanantonio/news/2018/10/11/city-council-approves-pilot-program-for-electric.html

Atlanta regulations, a heavier hand?
https://atlanta.curbed.com/2019/1/8/18173288/city-council-restrictions-bird-lime-shareable-e-scooters-last-mile

Can scooter fees be used to finance infrastructure?
https://www.wired.com/story/scooters-cities-fees-mobility/

WSJ, Surprise fines for scooter users

https://www.wsj.com/articles/dockless-scooter-rides-no-longer-cheap-and-easy-increasingly-end-with-fines-11549276200

NACTO review of recent literature on bike share
https://nacto.org/wp-content/uploads/2016/02/2016_Fishman_Bikeshare-A-Review-of-Recent-Literature.pdf

Next gen tiny vehicles
https://nextcity.org/daily/entry/dockless-trikes-and-tiny-cars-coming-to-city-streets-near-you

Empirical study in Asian cities: Dockless may compliment public transit use.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3257617

Are the scooter companies making money?, and if so, how...
https://news.crunchbase.com/news/the-revenue-costs-and-margins-behind-birds-scooters/

The hidden profit for Dockless operators: data mining?
https://bikebiz.com/data-mining-is-why-billions-are-being-pumped-into-dockless-bikes/

Pacific Standard piece on city policy-making:
"The most promising urban future is one where residents enjoy safe, affordable access to a variety of modes of transportation—including transit, biking, e-scooters, and much else—that make it easy to live well without owning a personal automobile. But we shouldn't embrace every new technology uncritically....."
https://psmag.com/ideas/e-scooters-bikes-how-cities-can-ensure-fair-affordable-transit

GDPC Task Force questions for Mr. Jared White and Mr. Mike Rogers

Safety:
Regarding liability:
-Establishing and enforcing governing speeds, possibly engineered into the scooters.
-Holding users responsible from start to finish for each trip.

Regarding hazard to pedestrians on sidewalks in in areas like Klyde Warren Park:
-What is the city doing to get scooters onto the streets?
-Should speed-limited scooters just be permitted on sidewalks? (May be necessary where speed limits for cars are above 35 MPH, or are otherwise impractical or unsafe for scooter users.)
-What about protected bike lanes for both e-and pedaled vehicles?

Regarding Kids using scooters:
-What is the minimum age for MM operation and how can it be enforced?

Regarding vehicle laws being ignored by scooter users:
-What are shared service providers required to do to educate and enforce correct use of their vehicles? -What can law enforcement do?

Regarding dedicated lanes:
-There are many cities similar to Dallas in development of Complete Street modifications, according to Smart Growth America’s Best Practices Report.

Bike lanes that are merely painted stripes on the pavement offer no protection for cyclists, much less scooter users.
-What are the city plans for protected bike lanes for bikes, e-bikes and scooters?
Statistics (DMN) suggest that nine people every day are killed daily by distracted drivers
– what means are there to protect scooter users?

Data Collection:

Regarding statistical data gathered from scooter and dockless bike use, like frequency, duration, length of ride.
-What data can the city get from operators?
-Should data sharing be a condition for the permitting?
-What data are necessary for the City to make informed policy?

Taskforce on Micro-Mobility Policy Operation:

Regarding future permitting of micro-mobility (MM) vendors.
-Should MM Vendors be contracted by the city instead of the current method?
-What are the best practices for making intermodal connections among micro and other forms of transit (DART, etc.)?
-Are we working with them on design, and safety features such as signaling, speed controls (in designated areas) seated mobility and improved braking?

Regarding new and innovative technological solutions for MM, as well as applications of AI, drones, etc.
-Can we create “regulatory sandboxes” to test new MM solutions?
-Could we work with providers to test different ones in different areas—adjusting fees and incentive structures, or varying rules regarding vehicle parking or on-street riding to see how behaviors and outcomes change?
-Are we considering applying performance-based criteria (going beyond merely capping fleet sizes) for service providers? Some vendors call for “outcome-focused measures”. Can we work with vendors on that?

-What should Dallas’ position be on “modal neutrality”?

Regarding users:
-What are our ultimate goals for MM? (i.e., relieving congestion, complementing public transportation, reducing environmental impact, workforce mobility, access to underserved communities, etc.)
- What forms of MM are most likely to meet practical transportation needs of workforce and student users?

Observation: The current explosion of devices in US cities appears driven by venture capital speculation on future profitability. Scooters and dockless shared systems are getting the buzz right now, while private bike use for commuting and recreation grows slowly but steadily.

-How can the purpose of these vehicles get made to be recognized as universal, rather than just “recreational”, or some other category that makes it seem unimportant. This issue may jeopardize future funding streams for infrastructure improvements to accommodate MM.
-How can we build mobility systems that will address our needs once the speculative wave is gone? --How can future MM policies address and stimulate private bike and e-vehicle use?

Smart Growth America's Best CS Regs

"This year, in our annual evaluation of Complete Streets policies, we use a new and improved framework that elevates both equity and implementation to grade policies.
While more than 1,477 communities have passed Complete Streets policies, this new framework puts a new emphasis on translating policy into practice and making sure that everyone—and particularly people in low-income areas and communities of color—will benefit. Under the new framework, the average score for policies dropped, but there were still a number of communities that stood out with strong policies. The top 10 Complete Streets policies of 2018 are:


Cleveland Heights, OH
Des Moines, IA
Milwaukee, WI
Baltimore, MD
Madison, CT
Neptune Beach, FL
Fairfield, CT
Huntstville, AL
Amherst, MA

What we need is infrastructure

..so says NACTO, which recommends building out a connected network of green streets, which might include fully separated bike and transit lanes, and much less parking. More:

https://www.fastcompany.com/90351679/atlanta-boston-denver-minneapolis-and-philadelphia-are-about-to-jump-start-their-bike-infrastructure

Deloitte White Paper on Micromobile

Useful, deep think with data, and some useful conclusions for public policy going forward:

https://www2.deloitte.com/insights/us/en/focus/future-of-mobility/micro-mobility-is-the-future-of-urban-transportation.html?id=us:2ps:3gl:confidence:eng:cons:423
https://www2.deloitte.com/insights/us/en/focus/future-of-mobility/micro-mobility-is-the-future

New Urban Mobility, mentioned in the above piece,  is a group that has formed recently. I have not vetted the sources or sponsors, but this seems exciting in its reach and may be worth some poking around:
https://www.numo.global/

A Primer on Scooters

This piece from Vox Magazine may help give you a little more background on the scooter business.
https://www.vox.com/2018/8/27/17676670/electric-scooter-rental-bird-lime-skip-spin-cities

In the meantime we are still looking for a set of model regulations for micro transit. Let us know if you find one.

A deeper look into the business of transit:


Throughout recent history, companies have tried to create profitable transportation service businesses and run up against real-world challenges. Whether in air, rail, jitney, streetcar, taxi – or, more recently, ridehail. Some would say that all business is hard, and transportation is like any other… but is it? Even in this digital age, at some point the rubber has to literally hit the road, and that is where the challenges begin.

The streetcar revolution of the early 20th century in the U.S. was driven by private sector entrepreneurs, particularly developers who planned lines around real estate development, including “streetcar suburbs” and newish electric utilities who needed a mechanism and a customer to build out the power grid. These oft individually owned lines struggled to generate profit, were forced to merge locally, and were finally done in by the post World War II push by industry and government to mainstream the private automobile (and the industry behind more profitable bus manufacturing). Two early impacts killed the streetcar: inefficiency from streets clogged with individual vehicles, followed by the related ridership decline reducing farebox recovery and forcing insolvency.
In the 21st century, we have few profitable transit systems, most notably Singapore and Hong Kong, and these particular systems have a few striking differences from most others. 

More:



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