Nashville laws say Bird scooter riders must wear helmets, 'wrist guards' and pads

Natalie Neysa Alund | The Tennessean

NASHVILLE — Throngs of Bird scooter riders that have suddenly cropped up all over town are violating city law by not wearing helmets and padding.

According to a 2001 Metro ordinance, riders must wear helmets as well as wrist guards, elbow pads and knee pads, or face a $50 fine. The ordinance also applies to roller skates.

What Nashville's law say:

Riders may not use public roadways — only sidewalks, except for in an area downtown that stretches from Broadway north to James Robertson Parkway just shy of the Capitol.

Whenever a designated bicycle path is available, riders must use it.

Riders must operate in single file line.

Riders must yield to pedestrians and before passing by them, verbally warn them.

Riders may not attach scooters to moving vehicles.

During operation, riders may not listen to music.

Riders must not exceed the posted speed limit or travel at a speed "faster than reasonable"

The company last week received a cease-and-desist order from the city, but that was for riders leaving the scooters in the middle of sidewalks and blocking right-of-ways.

Jon Cooper, the head of the Metro Department of Law, said Thursday that Bird "has been told that riders are to comply with the safety requirements for scooters set forth in the Metro Code."

The cease-and-desist came just four days before two women, who were not wearing helmets, were struck and critically injured in a hit-and-run crash downtown. The women, both tourists from East Tennessee, were hospitalized after the collision.

Bird scooter on Lower Broadway A scooter from Bird, the ride sharing electric scooter service, found on Lower Broadway. Nashville has sent the company a cease and desist citing obstruction of roadways

According to Bird's online "Rules of the Road" customers must wear a helmet when they ride and active riders can request a free helmet from the safety section of the mobile app. The helmets come via mail.

The company's rules, however, do not require additional padding.

A Bird spokesman declined comment regarding the city's equipment law on Thursday.

According to Metro police records, no citations have been issued since Bird scooters hit Music City streets May 7.

Police spokesman Don Aaron said the department is staying in close contact with the Metro legal department concerning Bird scooters in Nashville.

"The scooters are a new phenomenon for our city and we are working through the issue," Aaron said.

State law mandates motorcyclists wear a helmet. If you're riding a bicycle in Tennessee and under age 16 a helmet is also required.

Metro's scooter regulations were developed before motorized scooters were commonplace. Cooper said that the current city code does not define "scooter," but that courts have generally ruled that the term applies to motorized scooters like Bird and Segways.

Bird crash victims still recovering

On Thursday, one of the two women hurt in last week's hit-and-run crash remained hospitalized. Authorities said Rachel Johnson, 27, of Oak Ridge continued to be treated for serious injuries at Vanderbilt University Medical Center.

The other, 28-year-old Lindsay Cowan of Knoxville, was released from that same hospital on Wednesday.

So far no arrest has been made in the case but a black 2005 Lexus ES 330 police say is believed to have been used in the crash was recovered from a home in Madison Tuesday night.

Authorities say its owner, a 34-year-old local man, refused to talk without an attorney, but the vehicle is being processed for evidence at Metro police's crime laboratory.

The case remains under investigation.

Nate Rau contributed to this report. Reach Natalie Neysa Alund at nalund@tennessean.com and follow her on Twitter @nataliealund.