Rule status: Adopted
Effective date: December 14, 2021
Proposed Rule Full Text
Adopted Rule Full Text
Adopted rule summary:
This rule amendment of DOT’s Traffic Rules prohibits the operation of any moped share system in New York City without DOT’s prior written authorization and establishes a permit process for moped share systems.
Online comments: 3
These programs have buried in their user agreements mandatory arbitration clauses that prohibit the users from bring State law actions against these vendors for defects and dangerous conditions in their devices despite the severity of injury or even death. Unwillingly users are giving up their legal rights with these “click wrap” user agreements without sufficient knowledge that they are giving up their legal rights. Users are suffering serious and significant injuries due to the negligence of these companies and have no redress. No-fault does not exists to cover medical expenses, the companies do not honor these claims and the cost of medical treatment is being shifted back onto the City who has to assume the cost via Medicaid. No other transportation industry in this City, Taxi, bus, access-a-ride, pedicab and Citibike is given this overall protection from their own negligence despite this to be one of the most dangerous methods of transportation in the City.
By being compelled to arbitrate these claims NY’s are being deprived of their right to access to the Courts and Jury trials and the companies cannot be held fully accountable for their conduct. Mandatory arbitration agreements should be deemed unlawful in the City of New York if these companies are going to be allowed to operate.
ITF Study video https://youtu.be/ct3VnNZ4RXg
David Ganz Testimony on:
NYC DOT Public Hearing: Proposed amendment to DOT’s Traffic Rules prohibiting operation of any moped share system in New York City without DOT’s prior written authorization, and more specifically establishing a permit process for
moped share systems.
Thursday, October 28, 2021, 2pm
My name is David Ganz, a Brooklyn resident
I’m here today to comment on the proposed amendments to
local law 67
I support this amendment’s intent and appreciate DOT’s efforts to establish rules and permitting processes.
As we all know, Covid-19 pandemic and subsequent shutdown have exponentially fueled the growth of micromobilty modes particularly shared systems funded by venture capital and private equity.
As a New York City resident, transportation advocate, and a micro mobility user , I DO have concerns with some of the amendment’s provisions.
Currently, to become a Lime or Revel user you need to be:
● At least 21 years of age
● hold a valid U.S. or Foreign Driver’s License
● and a Credit Card
● Watch a how-to-video
● Take a 15 minute multiple choice test on the rules of the road. And…If your answer is incorrect a “try again” window pops up
● upload up a selfie
And then you are on your way.
While reminded in the video and on the moped to “follow local traffic laws” I’m concerned there is no specific information germane to New York City.
So, for example, if you’re a new resident or visitor with an out-of-state license you may not know local traffic laws such as no right on red and a speed limit of 25 miles per hour unless otherwise posted.
Riding at the top speed, Lime and Revel users can easily exceed the current in 25 or 20 miles per hour speed limit without knowing it.
While Revel and Lime does “encourage” in person training it is not required. Unfortunately, I’ve been unable to find out the percentage of NYC Lime and Revel users who have taken advantage of it. My sources tell me attendance is minuscule.
There are some major cities around the world where moped share systems have been suspended or severely limited.
The 2020 International Transport Forum Study, reported that powered 2-wheel vehicles such as an e-bike, e-scooter and e-mopeds had the highest fatalities per billion passenger trips in major urban areas. More than any other transportation mode.
I’d like to suggest the following be considered as part of the conditions for the permit holder.
Rather making in-person training an option, I’d recommend it be required and/or vigorously promoted in targeted paid, earned, owned and social media in all relevant languages in the proposed area of operation.
Where ever possible, the conditions should have quantitative metrics as part them.
Another weakness is current data sharing recommendations, which places disclosure responsibility on the user.
As just one example, Lime’s “Rules to Ride Mopeds” requires users to agree they will promptly notify Lime if their driver’s license is suspended, revoked or invalid or convicted of DUI of DWI or cited for driving more than 20 miles per hour over the legal speed limit.”
In addition, Lime’s User agreement” puts the onus on the user to know the local traffic laws
Does Lime or Revel really expect self-reporting and self teaching? .
That will be some challenge.
To avoid, repeat offenders, Lime, Revel and other moped operators need to share suspended user information..
Finally, there needs to be a dedicated fund to promote shared moped safety. based on a fixed percentage of revenue from their operations. This will be a dedicated fund.
I’ll be posting my comments and support information on the public hearing site.
Thank you for your timeComment attachment
Lime: New York City Moped Shares Permitting Process
E-mopeds can serve a vital role in expanding access to affordable, safe, and carbon-free public transportation to more New Yorkers. The pandemic has pushed New Yorkers to look for new ways to get around that are safe, sustainable and car-free. Electric vehicles, like e-mopeds, serve trips under five miles and build transit connectivity that complements the city’s subways and buses.
We understand that a successful program must be designed from the ground up with a focus on safe riding, a citywide footprint that does not include isolated service areas and flexible fleet numbers that allow for rider demand. We have done everything possible to provide our riders with the safety training and resources to allow them to operate our e-mopeds responsibly.
Lime is in full support of the City’s efforts to establish regulations governing shared moped operations in New York City and offers our assistance in developing any such regulations. The proposed permitting process for e-mopeds will help improve the financial stability of the shared service creating a clear framework for enforcement and assessments to fully integrate into city systems. Lime would like to express its commitment working and collaborating with NYC DOT and other city agencies as applicable to ensure a successful shared moped program in New York City. It is our aim to address issues and concerns of the City as they may arise and build a sustainable process for Class B vehicles to grow and aid in New York’s transit ecosystem. Lime additionally commits to not oppose the City’s efforts to establish regulations governing shared moped operations in New York City and offers our assistance in developing any such regulations.
As always, our team is happy to answer any questions or address any concerns that DOT may have. Please do not hesitate to contact me with any questions.
Kind regards,Comment attachment