San Jose imposes new scooter regulations

Finally, some relief may be on the way for pedestrians forced to leap sideways to avoid colliding with scofflaw scooter riders zipping down busy sidewalks.

After delaying the issue several times, the San Jose City Council on Tuesday passed an ordinance aimed at regulating scooter riders and the companies that have unloaded the devices across downtown and beyond this year.

“I think that this is just a new world that we’re going into and we’re experimenting and trying new things,” Vice Mayor Magdalena Carrasco said.

Unlike some cities, San Jose isn’t limiting the number of scooter companies or scooters, although it could in the future. Instead, companies that want to keep their scooters in San Jose will need to get a permit, pay an annual permit application fee of $2,500 and submit another $124 per device each year to operate. They’ll also have to obtain insurance and protect the city from legal claims.

Scooter companies also will need to limit scooter speed to 12 mph — a restriction set in response to complaints from pedestrians about dangerous encounters with speeding riders — and, by next July, figure out a way to keep scooters off sidewalks. Mayor Sam Liccardo has suggested geofencing — creating virtual perimeters — as a way to do that, but says he’s open to other ideas. Companies will be required to offer 24-hour customer service in English, Spanish and Vietnamese, and to respond to reports of improperly parked scooters within two hours. They’ll also need to “re-park” scooters so they’re conveniently located and equitably distributed, including in low-income areas.

Like the Ford GoBike bike share program, scooter companies will be required to offer discounts to low-income people. Companies also will have to share data with the city about the number of devices on the streets and the number of trips riders are taking.

The ordinance — expected to take effect in February — is expected to change the habits of scooter riders zipping through San Jose. Four companies currently have slightly fewer than 2,000 scooters and dockless e-bikes in the city. It’s not clear yet how many of them will want or can afford to abide by the new rules, but the consequences of ignoring the restrictions won’t be cheap.

Operators will be charged an initial fine of $100 for violating the rules — escalating to $500 fines for repeat violators — and could ultimately see their permits revoked or their fleet size reduced.

A spokesman for Bird, a startup with hundreds of scooters in San Jose, told the council the company was “excited to work with the city,” but pushed back at the notion that the company should be in charge of regulating scooter speed.

City leaders say they aren’t interested in pushing out the scooters, which they view as a convenient and environmentally friendly way to get more people out of cars, but they want to limit injuries.

According to the city’s Department of Transportation, 14 e-scooter injuries have been recorded in the downtown area as of November, including two major injuries.

One blind resident of the Spartan Keyes neighborhood told the council she had tumbled over a scooter on the sidewalk at dusk one evening.

“They are completely landmines,” she said. “I wish you would really consider banning them from our city.”

Another resident, an 18-year-old scooter rider, said he understands that pedestrians are annoyed by sidewalk riders, but he fears riding on the street.

“It’s so scary,” he said. “I’m just so scared every day.”

Liccardo and others on the council acknowledged there is no easy fix for how to handle scooters.

“This is something that indeed fell into all of our laps,” downtown-area Councilman Raul Peralez said.

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Roadside litter isn’t Caltrans’ fault. It’s yours. But, Peralez said of the new ordinance, “this is not sort of the end all be all…it’s not going to be perfect.”

Later in 2019, the city will reevaluate how the rules are working and could decide to tweak them.

“I’m glad to live in a city that’s willing to zig and zag and try new things,” said District 10 Councilman Johnny Khamis, “and learn from our mistakes.”

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