Bird scooters coming back to Nashville as Metro Council finalizes new rules

Joey Garrison | The Tennessean

Show Caption Hide Caption My first Bird scooter ride Tennessean Opinion and Engagement Editor David Plazas rides a scooter with a helmet and on the streets of Nashville.

Bird scooters are cleared to return to Nashville two months after they went away amid a fierce dispute with the city.

The Metro Council voted 29-1 with one abstention late Tuesday to approve a set of new rules to regulate electronic or motorized scooters and bicycles.

The action, which came on a final of three required votes, will allow for the return of dockless Bird scooters within weeks and facilitate the entry of similar companies like Lime Bike and Zagster.

The ordinance now only needs the signature of Mayor David Briley, who has been noncommittal about the new rules but has given no indication he would use his veto pen.

“We are thrilled by the (near) unanimous city council vote implementing a new pilot program for low-speed electric scooters in Nashville," a company statement from Bird said. "This new program is the result of a collaborative partnership between Bird and city officials, and we look forward to helping Nashville reach its goals of getting cars off the road and reducing emissions.

"Nashville riders can expect to be back on Birds in the coming weeks.”

The ordinance was sponsored by the council's Public Works Committee chairman Jeremy Elrod.

The lone no vote came from Councilwoman Jacobia Dowell, who later said she wanted to change her vote. Councilwoman Angie Henderson abstained. The council voted down an amendment proposed by Councilman Freddie O'Connell that sought to put a sunset provision on the new regulations.

Lobbyists for Bird, and other electronic vehicle sharing outfits such as Lime Bike, have been working on a new framework ever since Bird bolted and shipped many of their scooters down Interstate 40 to Memphis. The process included a meeting last month with downtown stakeholders.

In a legal fight this spring with the company, Metro attorneys had cited safety issues and argued Birds — dockless electric scooters that riders pay for with their cell phones — represent illegal obstructions of rights-of-way and other public property. Users often leave the scooters on the sidewalks after they're finished with their rides.

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Other cities across the country have faced similar hardships with the popular new form of transportation.

The new rules for Bird

Billed as a "pilot program," new rules would establish a permitting process for what would be defined as "shared urban mobility devices."

Metro would have to authorize the operation and the company would have to pay a $500 application fee per vehicle.

The regulations include several aimed at safety, including strongly encouraging helmet use for Birds, and guidelines about yielding to pedestrians, and compliance with rules of the road.

If a scooter or bike is found parked on a public right-of-way such as a sidewalk, then the company can be fined $25 with the option of passing that fine to the user.

The cap of vehicles per company would start at 500 for the first month, followed by 750 the next month and 1,000 the third. There are also guidelines in place to ensure data-sharing between Metro and the various companies.

Metro would be prohibited from limiting the number of permitted operators overall.

Under the rules, Bird scooters and other similar vehicles could not operate on a sidewalk within a business district. Before passing pedestrians, Bird users will have to give audible signals. There would also be a required 24-hour service phone number for companies.

There are additional mandates for on-board GPS on vehicles, regular inspection and maintenance and education of users on how to use the vehicles.

As part of the application process, operators would be required to obtain a certificate of public necessity and convenience by submitting an application to the Metropolitan Transportation Licensing Commission. Operators would also have to obtain insurance.

Reach Joey Garrison at 615-259-8236, jgarrison@tennessean.com and on Twitter @joeygarrison.