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
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?
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?