A joint legislative committee heard testimony on a proposed moped rental ban in Oak Bluffs. - MV Times

A state bill aimed at banning the rental and lease of mopeds in Oak Bluffs got its first airing before a house committee this week.

State Rep. Dylan Fernandes of Falmouth and Truro Sen. Julian Cyr filed a joint petition — House Bill No. 3726 — in April. 

Fernandes was before the Joint Committee on Municipalities and Regional Government on Tuesday, June 20. 

This is not the first attempt to ban mopeds on the Island to go before the legislature. Oak Bluffs has twice supported home-rule petitions that would enable the town to prohibit rentals. A previous bill, supported by the town in 2018, didn’t pass muster at Beacon Hill.

Fernandes told lawmakers Tuesday that nine people have died from driving mopeds on the Island over the past two decades. And that doesn’t include serious injuries. 

“We hear about it every year, someone losing a leg or an arm, or suffering really severe injury,” the local lawmaker said. “We really hope this is the year we can put an end to mopeds being sold in Oak Bluffs. It would be a huge benefit to the health and safety of the Island.”

He says that tourists typically come over with no training in riding the mopeds, and the roads are often busy. Making things worse, the streets can be sandy.

Rep. Carole Fiola of Fall River asked what the stumbling blocks have been for the legislation in the past.

Fernandes responded that it would be precedent-setting; Oak Bluffs would be the first town in the commonwealth to ban the rentals. The law would amend Chapter 90 laws for the town, he said, which would be a precedent. That’s been known to stall other home-rule petitions in the past.

But the Falmouth lawmaker said that the Vineyard is a unique example compared with the rest of the state, with tourists flocking to the Island to rent mopeds.

“We are appreciative that this is something that would be the first community in the state to do this,” Fernandes said. “But we think the loss of life and the really horrific accidents makes it worthy of consideration.”

The chair of the committee, Sen. Jacob Oliveira, asked if electric scooters were an issue on the Island. Fernandes said it wasn’t as far as he is aware. There’s been an increase of use in electric bikes, he said, but those would not be subject to the moped ban.

If the current bill is passed, it would go back to town meeting for voter approval one more time.

The article in a town meeting warrant would read: “To see if the Town will vote to delete the existing text of Chapter XV(F) of its Recodified General Bylaws (April 9, 2002), as amended through September of 2017, in its entirety, and replace it with the following language: ‘The rental or leasing of mopeds and motor scooters to the public is prohibited within the Town, and no license shall be issued for an entity to engage in the business of renting or leasing mopeds or motor scooters to the public.’”

12 replies on “Local lawmaker pushes for moped ban”

  1. It’s’ long past time for banning moped rentals to the public. Having witnessed more than one accident, and been stuck behind a moped with two large people(!) on it more times than I care to remember makes me angry every time it happens. I have watched them meander all over the traffic lane, and been concerned that giving it even a wide pass was too dangerous to attempt. People riding them don’t understand the danger they’re in, and at the very least having two people on them, even if they’re not ‘large’, needs to end immediately. I hope Rep. Fernandes and Sen. Cyr are successful this time.

    1. Not just mopeds, but bicycles and motorcycles too.
      Of course any kind of a three wheeler.
      Maybe cars under 3,000 pounds.

  2. I don’t like mopeds. For years I had one of those Mopeds Are Dangerous stickers on my car. I discourage tourists that I meet from renting them. But I do not support banning them. People have free will. No one is making them rent a moped. There’s lots of dangerous things to do on this island ( 2 deaths just last year from jumping off Big bridge) but if we ban mopeds what’s next? There’s a lot of booze and fried food being sold in our restaurants. Plenty of places to buy cigarettes. Electric bikes that go as fast as mopeds with no training involved. When they ban mopeds they are coming after your business next.

    1. 2 deaths from jumping off the big bridge in 91 years.

      For some reason “they” feel the need to ban fentanyl, opiates , driving while drunk, walking through 5 corners naked riding a motorcycle without a helmet and banning cars with no brakes. I think since they have already banned all those things, logic would have it that they should have already came “after my business”. What does that mean anyway ? Are “they” going to confiscate my hammer and skill saw after they ban a demonstrably dangerous practice ?

  4. Thanks to Tim Rich, the head of the Mopeds Are Dangerous Action Committee, which I started up again in 2016. This has been a seven-year road to get to this point and Tim has pushed to get something done. He testified at the hearing yesterday. And sure there are lots of dangerous things to do here, but mopeds have historicallybeen the cause of several deaths and many awful accidents and our roads are now too crowded and dangerous to have them out there with untrained riders who have no idea how large our island is. As they say, how do you eat an elephant? One bit at a time. Let’s see what happens.

  6. Thanks to Tim Rich for continuing to shepherd the work of Mopeds Are Dangerous for decades and the Mopeds Are Dangerous Action Committee, which I helped restart, in 2016. He testified at the hearing yesterday and pushed Fernandes and Cyr to get the bill to the State House. Sure, there are many dangerous things here on the island, but mopeds have historically been involved in serious injuries (see the article posted above) and too many deaths on our roads which are not suitable for their usage, especially up-island and as the island’s traffic has increased. And, ultimately, it will be up to the voters of Oak Bluffs if the bill goes through.

    1. Should each town be able to decide if it wants to rent mopeds?
      Are bicycles, electric bicycles, motorcycles, and vehicles over 6,000 pounds suitable for our roads?
      Should privately owned mopeds be banned too?

  7. So, which is it, the inconvenience of dealing with irresponsible “mopers”, or the safety hazard to the moper?
    Anyone stuck in a summer traffic jam knows how inconvenient being unable to pass all those cars lined up ahead is, but they suffer through it. A moper makes an erratic move, tempers flare… damn those mopeds! What about the mopers that go unmentioned because they operate responsibly?
    Is a car operator any more acceptable when operating irresponsibly?
    Dangerous? Life is dangerous, you place your bet when you choose to get out of bed each morning. Some people will earn their “Darwin Award” in spite of overseers best efforts.
    The problem is not the machine, it’s the operator.

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