Importance of Trails in Planning for Electric-Assist Dockless Bikeshare and Scootershare

The following post draws on my last post and this 2018 post. As the Portland region prepares for Portland’s second pilot scooter program that starts on April 26th and Milwaukie’s first pilot scooter program that should start this spring, the most used and safest infrastructure for Clackamas County scooter riders likely will prohibit scooters. Since trails are fully separated from automobile traffic, I consider trails to be the safest infrastructure for scooter and bike riders. Unfortunately, many trails in the Portland region prohibit e-scooters and e-bikes. While Jonathan Maus at BikePortland learned that Portland does not enforce this prohibition, the prohibition still creates legal issues for e-scooter and e-bike riders. The following quotes summarize the issues.

“If the City is serious about accomplishing its goals, it needs to act soon to allow at least some level of e-bike and e-scooter access to these areas by non-disabled Portlanders.” – Chris Thomas, Portland lawyer at Thomas, Coon, Newton & Frost

“The Scooter Pilot and your question have had us looking closely at the code and the way people use (and would like to use) our public parks, while maintaining our focus on safety,” – Mark Ross, Public Information Officer at Portland Parks & Recreation

Source: BikePortland

As the below map shows, the region has many existing, planned and conceptual regional trails. While I am still researching the legal issue, I believe the only trail in the region that does not prohibit e-bikes and e-scooters is the Banks-Vernonia Trail, which is not located in Clackamas County. The State Parks Commission amended their rules in 2018 to legally allow e-bikes and scooters on paths and trails managed by the Oregon Parks and Recreation Department (OPRD). According to OPRD’s website, the only trail in the region managed by OPRD is the Banks-Vernonia Trail. While the 40-Mile Loop Trail is listed on this website, I believe local jurisdictions like Portland manage it. Since many jurisdictions manage trails in the region, I hope OPRD and Metro educate all the local jurisdictions about the legal issue. I doubt e-bike and e-scooter users are aware of the legal issue, so we need to have regional legal consistency.

Do riders use trails more than bike lanes in Clackamas County?

Since I live and work in Clackamas County, which is located south of Portland, I focused on what infrastructure Clackamas County scooter and bike riders likely will use to travel. The region’s first scooter pilot program was legally limited to Portland and Portland did not release a map showing scooter rides south of Portland, so I do not have scooter data in Clackamas County yet. Scooter riders typically use the same infrastructure as cyclists, so I analyzed where cyclists currently ride in Clackamas County (left map). While bike lanes exist in Clackamas County, cyclists mostly use trails. In case you are not familiar with the trails, the trail system (right map) shows the same area as the left map. Since I believe all of the regional trails within these maps prohibit e-scooters and e-bikes, how will the jurisdictions that manage these trails approach enforcing their prohibitions? Will they change their policies to allow e-scooters and e-bikes?

Clackamas County Ride Report

Bike trips are mostly along trails. Source: Ride Report

Clackamas County Trails

Solid green lines are existing trails. Source: Metro

 

 

 

 

 

 

 

 

 

Legal Issues in Washington, DC Region

The legal issues are not limited to the Portland region. Since I lived and worked on transportation issues in the DC region last year, I have been following the legal issues in the DC region. NOVA Parks, which owns and operates many trails in Northern Virginia, unanimously amended their rules in March 2019 to allow e-bikes on trails such as the popular Washington and Old Dominion (W&OD) Trail. Across the Potomac River in Maryland, the Montgomery County Planning Board is considering whether to allow e-bikes and e-scooters on county trails. Dockless e-bikeshare and e-scootershare and Capital Bikeshare Plus (e-bikes) already exist in Montgomery County, but people have been riding on county trails even though it is not legal. The DC region has many more jurisdictions, so the legal issues are not resolved yet. Are you seeing similar legal issues where you live?

 

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Capital Bikeshare vs. Dockless Bikeshare

As a resident of Arlington, I have a unique location to watch Capital Bikeshare “compete” with dockless bikeshare. I put “compete” in quotes because the mutual goal of Capital Bikeshare and the five dockless bikeshare companies is to get more people biking. However, some bike planners believe dockless bikeshare will pull enough people from Capital Bikeshare that it won’t be able to compete with dockless bikeshare.

Since bikeshare is still new to most Americans, I want to make sure everyone knows the difference between dock-based and dockless bikeshare. As the below photo shows, dock-based bikeshare systems require the bike to be docked at a station. Capital Bikeshare is the main dock-based bikeshare system that operates in the DC region.

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Photo: Ray Atkinson

As the below photo shows, dockless bikeshare systems have bikes that are self-locked. The five dockless bikeshare companies operating in the DC region are Jump, LimeBike, Mobike, ofo, and Spin. While Jump is the only company with e-bikes, LimeBike and Spin announced last week that they plan to start offering e-bikes soon.

2017-11-15 16.01.00

Photo: Ray Atkinson

While all six bikeshare systems have apps, which are shown below, it’s possible to use Capital Bikeshare without the app by purchasing a pass at the kiosk. Since not everyone has a smartphone, this reduces the barrier to bikeshare. In addition, only Capital Bikeshare can be used by paying cash. Many low-income people don’t have a credit or debit card, so this gives them access to using bikeshare.

Capital Bikeshare vs Dockless Bikeshare

Source: Transit App

I have a unique location to watch this bikeshare situation because of how the permitting process is unfolding across the DC region. While Capital Bikeshare is permitted to operate throughout the region, only DC has given permits to all five dockless bikeshare companies. As this Greater Greater Washington post explains, DC and Montgomery County, MD had an easier process than local jurisdictions in Virginia to create pilot dockless bikeshare programs because they are governed by Home Rule. Virginia is a Dillon Rule state, which means state law preempts local law. Local jurisdictions must receive permission from the General Assembly to act on local matters. Yes, Maryland is also a Dillon Rule state. However, Montgomery County became the first county in Maryland to adopt a home rule charter in 1948.

Since DC is geographically small and dockless bikeshare companies have been struggling to inform their customers that they don’t have permits to operate outside of DC, I have been watching how human behavior and government processes react to this issue. Virginia is a Dillon Rule state, which is impacting the ability of local jurisdictions to create pilot dockless bikeshare programs and regulate the dockless bikeshare companies. This is why Virginia doesn’t officially have dockless bikeshare yet. Arlington wrote this blog post to educate people about the different types of bikeshare. I found the following statements interesting.

“the six-month trial of dockless bikeshare is entirely a DC project at this time. The operators do not have an agreement with Arlington County so their operating location is within Washington, DC borders.

If you see a bike in Arlington, you can contact the operator to collect their bike to take back into DC, or you can ride the bike back into the operating location (JUMP bike offers a $1 credit every when a bike is ridden back into the operating area).

This is all still very early in the experimental phase so there is no telling right now how policies could change.”

If this wasn’t confusing enough, only four of the five dockless bikeshare companies have permits from Montgomery County, MD to operate in Silver Spring and Takoma Park. I believe the fifth company, Jump, has decided not to expand to Montgomery County yet because it wants to focus on DC. None of the dockless bikeshare companies have permits to operate elsewhere in DC’s Maryland and Virginia suburbs. Plus, they can’t operate on National Park Service (NPS) property. This is important because the National Mall and regional trails like the Mount Vernon Trail are owned by the NPS.

Dockless Bikeshare

Map of dockless bikeshare’s service area in Silver Spring and Takoma Park, MD. Source: WashCycle

Even if the NPS gave permits to the dockless bikeshare companies to operate on its property, e-bikes are banned from NPS-owned trails. However, I haven’t seen this ban enforced and it doesn’t appear to be discouraging many people from riding e-bikes on trails. I am curious to see whether this controversial NPS ban becomes more heated as LimeBike and Spin join Jump in having e-bikes.

Since many regions throughout the US are working on dockless bikeshare regulations and permit programs, I want to share the below regulation breakdown from Twelve Tone Consulting. The North American Bikeshare Association published the Dockless Bikeshare Regulation Preliminary Guidance in January 2018.

Dockless Bikeshare Regulation Breakdown

Source: Twelve Tone Consulting’s Dockless Bikes: Regulation Breakdown

Dockless bikeshare parking issues have been reported in many locations, so look at Dockless Bike Fail’s tweets for photo evidence. What do you think about the issues I have discussed in this post?