Q: So what comes next? Did the report change the laws around micromobility?
A: No. Not yet, at least. The Commission made 16 recommendations back to the Legislature, some of which would require legislative action. For example, the definition changes or additions to state law described in Recommendation 2 would require legislative action. There are also some recommendations that don't require legislative action, which are being actively worked on by their respective agencies, such as MassDOT creating centralized, standardized education materials on micromobility.
Q: Are e-bikes and e-motos the same thing?
A: No. In Massachusetts law, an electric bicycle can have a motor up to 750 watts and can have a top speed of 20 MPH. (Current Massachusetts law does not define “Class 3 e-bikes” which can have a top speed of 28 MPH.) E-motos, sometimes marketed online and in stores as "e-bikes" or sold with a “street-legal package” option tend to have much stronger motors (in the range of 4000-8000 watts) and higher maximum speeds (often over 50 MPH). A true electric motorcycle should be registered with the Registry of Motor Vehicles and must follow Federal Motor Vehicle Safety Standards (FMVSS), including things like having a vehicle identification number (VIN). Its operator must have a valid license to operate it. Sometimes, the term e-moto is used to describe something that is more accurately called an Off-Highway Vehicle (OHV) in Massachusetts. It does not have a VIN, therefore cannot be registered as a motorcycle with the RMV; if it has a product identification number (PIN) or a manufacturer's certificate of origin (MCO), it can potentially be registered as an OHV with the Massachusetts Environmental Police, for off-road use. OHVs also have certain operator requirements, but they are different from those set by the RMV for motorcycle operators.
Q: How does the Commission recommend dealing with Class 3 e-bikes, which can be visually indistinguishable from Class 1 e-bikes? And what about app-based modifications between Class 1 or 2 e-bikes, up to Class 3 e-bikes, which have a higher maximum speed?
A: Commission members had extensive discussion about these related topics. On the first question, their suggestion was to require a Micro ID for Class 3 e-bikes, which would make them visually identifiable relative to Class 1 e-bikes. The Micro ID was just a concept discussed by the Commission; it would need legislative action to make it a requirement. Their recommendation for the second question was to require the device to follow its highest possible speed tier rules and requirements, e.g., if it is a Class 1 e-bike that can be modified to a Class 3, it should follow the rules for the tier to which Class 3 e-bikes belong.
Q: Did the Commission's work cover non-human transport devices such as sidewalk or roadway robotics?
A: No; the Commission focused on human transportation devices that are smaller than a golfcart. They made a recommendation to study commercial use micromobility devices, which could include sidewalk robots. Here in Massachusetts, MassRobotics is leading a conversation on public-facing delivery robots.
Q: Did the Commission recommend a minimum age for the Tier 0 vehicles that go up to 20 mph?
A: No. The Commission did not set a recommended age minimum for the Tier 0 vehicles, which include solely human-powered devices like bicycles, kick scooters, and skateboards, as well as powered micromobility devices up to 20 MPH. The report discusses states in the U.S. where there are age minimums for various devices. Conversations with the Massachusetts Safe Routes to School team indicate that powered micromobility devices seem to be in use at middle schools and high schools (based on observations of school-sited bike racks).
Q: Have you heard of any advances in traffic count data collection that would be more specific about the type of device (e-bike, e-scooter)?
A: The Commission members did not discuss traffic count technology tools that can differentiate between micromobility device types, but anecdotally it seems that there is not a current technology solution that can differentiate by speed, weight, and form factor such that it could tell a scooter from a pedestrian, etc.