Micromobility Policies, Permits, and Practices (2022)

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122 A P P E N D I X C Summary of Key Survey Responses Ten Questions That Tell the Story Question Summary of Responses How are micromobility devices classified by your state DOT? - 28 surveyed DOTs (65.1% of responders) define micromobility vehicles as non-motorized or motorized personal mobility devices. - 25 surveyed DOTs (58.1%) define e-bikes as non- motorized/motorized personal mobility devices. - 20 DOTs (48.8%) define e-scooters as non-motorized/motorized personal mobility devices. - 10 DOTs (23.3%) classify bicycles and e-bikes as motor vehicles. - The same states that define bicycles as vehicles also define e-bikes as vehicles. - Electric bicycles are not defined in state statutes of two of the surveyed states, while e-scooters are not defined in statutes of five states. Does your state DOT include micromobility in statewide transportation plans? - 26 surveyed DOTs (61.9% of responders) include micromobility in their long-range statewide transportation plans. - 16 DOTs (38.1% of responders) do not. Does your state DOT regulate shared micromobility companies? - 41 surveyed DOTs (97.6% of responders) do not regulate shared micromobility companies in their state, and only one surveyed DOT reported being involved in regulating shared micromobility vendors. - Data from the survey, as well as anecdotal evidence, suggest that the majority of regulatory actions regarding shared micromobility companies is implemented at the local, rather than state, level. How is micromobility (shared and personal) regulated in your state? - 23 surveyed DOTs (56.1% of responders) reported that micromobility in their state is regulated by both the state legislature and local ordinances. - 10 DOTs (24.4% of responders) reported that micromobility is primarily managed by local ordinances. - Four DOTs (9.8% of responders) indicated that micromobility is not regulated in their states. - Only one DOT reported that micromobility is regulated by state legislation.

Summary of Key Survey Responses 123   - Other roles that DOTs play with micromobility include planning, monitoring micromobility development and intervening as needed, providing materials to help local governments understand micromobility and maximize its benefits, funding and implementing micromobility pilot programs, etc. - Seven surveyed DOTs (17.9% of responders) are involved in these “other” types of activities related to managing micromobility. Which entity in your state regulates where micromobility vehicles are permitted to operate? - Similar to parking regulations, in most states across the country, municipalities play the key role in regulating where micromobility vehicles are permitted to operate. - Municipalities regulate where micromobility vehicles are allowed to operate— 34 surveyed DOTs (82.9% of responders). - State DOTs regulate where micromobility vehicles are permitted to operate—11 surveyed DOTs (26.8% of responders). - Other entities, including state legislatures, transportation facility owners, state DMVs, and counties regulate where micromobility vehicles are permitted to operate—eight DOTs (19.5% of responders). What entity in your state regulates the speed of micromobility vehicles? - DOTs regulate the speed of micromobility vehicles in their states—two surveyed DOTs (4.9% of responders). - The speed of micromobility vehicles is regulated by municipalities—14 DOTs (34.1% of responders). - The speed of micromobility vehicles is regulated by both the state DOT and municipalities—10 DOTs (24.4% of responders). - The speed is regulated/handled by other entities, including the state legislature, a combination of state, municipal, and county governments, the state department of public safety, and other state and local entities—10 DOTs (24.4% of responders). Does your state DOT implement any of the safety requirements for micromobility? - Nine surveyed DOTs (23.1% of responders) impose helmet requirements for micromobility riders. - 11 DOTs (28.2% of responders) have minimum age requirements to ride on micromobility vehicles. - Two DOTs (5.1% of responders) have rules regarding tandem riding on scooters. - 13 DOTs (33.3% of responders) have implemented other micromobility safety requirements. Question Summary of Responses What is the role of your state DOT in regulating micromobility? - The DOT has no role in regulating micromobility in their state— 20 surveyed DOTs (51.3% of responders). - The DOT is involved in establishing micromobility infrastructure design standards—12 surveyed DOTs (30.8% of responders). - The role of the DOT is in enforcing ADA compliance—10 DOTs (25.6% of responders). - Establishing data collection and reporting standards (e.g., Mobility Data Specification)—eight DOTs (20.5% of responders).

124 Micromobility Policies, Permits, and Practices Question Summary of Responses • Minimum age for e-scooters and Class-3 e-bikes is imposed by state code but not technically by the state DOT. • Helmet requirements for bicycles are established at the state level. Other micromobility vehicles are regulated at the local level. • Helmet is required for scooter riders 18 years and younger and for bike riders 12 years and younger. • Under 16 cannot use e-bike on public highway. • Riders under 18 years of age (ages 16 and 17) are required to wear a helmet. - 21 DOTs (53.8% of responders) do not impose any safety requirements on micromobility vehicles or riders. How does your state DOT collect/manage micromobility data? - Different DOTs use different approaches for collecting and managing micromobility data. - 26 surveyed DOTs (65.0% of responders) do not collect micromobility data. - Three DOTs (7.5% of responders) collect and manage data internally (by state DOT personnel). - One DOT outsources data collection and management to third parties. - Four DOTs work with local agencies to gather data. - Six DOTs use other ways to collect/manage micromobility data. What are the main challenges (up to three) that your state DOT faces regarding micromobility? Main challenges reported by surveyed DOTs: - Ensuring adequate safety for riders and pedestrians is the top challenge related to micromobility (70% of surveyed DOTs reported that as one of the main challenges). - Defining/classifying micromobility vehicles (45% of responders). - Obtaining reliable data on micromobility trips and incidents (40% of responders). - Other commonly cited challenges included technology development that is outpacing regulations (30% of responders), ensuring that micromobility modes improve overall transportation system performance without creating additional traffic (25% of responders), maintaining uniform approaches to micromobility in - “Other” safety requirements reported by DOTs include the following: • A person under the age of 15 cannot drive a Class-3 e-bike without an adult. • Class-3 e-bike riders under 18 require a helmet. • Helmets are required for persons under the age of 16. • Can't drive low-speed vehicles on roadways over 35 mph.

Summary of Key Survey Responses 125   Question Summary of Responses • Managing the volume of potential data and its privacy requirements. • Micromobility is under local authority, and the state has little influence in local jurisdictions. • Lack of state legislation regulating micromobility. different geographic areas (22.5% of responders), and other challenges. - Some other challenging areas reported by DOTs include: • Lack of DOT experience with this transportation mode. • Inconsistent ordinances from one local community to another. • Micromobility increases demand on limited resources. • Defining categories of micromobility devices on the basis of how they are used, rather than how they look.

Abbreviations and acronyms used without denitions in TRB publications: A4A Airlines for America AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACI–NA Airports Council International–North America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FAST Fixing America’s Surface Transportation Act (2015) FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration GHSA Governors Highway Safety Association HMCRP Hazardous Materials Cooperative Research Program IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers MAP-21 Moving Ahead for Progress in the 21st Century Act (2012) NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NCFRP National Cooperative Freight Research Program NCHRP National Cooperative Highway Research Program NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board PHMSA Pipeline and Hazardous Materials Safety Administration RITA Research and Innovative Technology Administration SAE Society of Automotive Engineers SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (2005) TCRP Transit Cooperative Research Program TEA-21 Transportation Equity Act for the 21st Century (1998) TRB Transportation Research Board TSA Transportation Security Administration U.S. DOT United States Department of Transportation

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