Moped rental ban again fails to gain traction

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A moped ban has failed to gain traction at the state level, again - MV Times.

Oak Bluffs’ effort to ban moped rentals through the Massachusetts legislature seems, again, to have fallen short.

In May, a town meeting-supported petition before state lawmakers was sent to study just before the formal session for the state legislature ended in July, effectively meaning that if Oak Bluffs wants to pass a ban on rental mopeds, it’ll have to go back to town meeting for a third time before going back to state lawmakers.

Thursday’s fatal moped accident in Oak Bluffs — where a 41-year-old Florida woman on vacation died in an accident on Sea View Avenue — has resurfaced calls to do more to prevent moped accidents, including the proposed ban on rentals.  News that the town’s home rule petition hasn’t gained any traction has yet again frustrated some in the community.

“It’s really a shame,” said Timothy Rich, former Chilmark Police Chief and a longtime advocate for banning moped rentals on the Vineyard. “If we have to go through the whole process again, this will be the third time.” 

The town of Oak Bluffs voted at town meeting in 2018 to send a home rule petition in favor of the ban. When that bill failed, voters again approved a petition in 2021. Both votes occurred after well publicized moped accidents.

For Rich, the onus lies on state lawmakers for not getting the bill passed, despite widespread support for the measure on the Island. But he also said there’s a lack of leadership from the town’s select board to push the bill across the finish line. He noted that at the most recent hearing on the bill at the state house, no one spoke from Oak Bluffs. State Rep. Dylan Fernandes, representative to the Islands, offered testimony, and the town wrote in testimony, but Rich noted that no one from the town spoke in person. Rich said that he’s gotten support from Island fire, police and EMS chiefs; town meetings in all six towns have passed non-binding referendums in support of the ban on moped rentals; and he referenced surveys showing near unanimous support for the measure on the Island.

“This has been a failure of leadership on the Oak Bluffs select board,” Rich said. “The voters are looking to them to guide them. Now, a beautiful woman is dead.”

Oak Bluffs select board chair Gail Barmakian, when reached by phone, would not comment other than to say that the board will likely take the issue up at a board meeting in the near future.

Select board member Mark Leonard, reached on Tuesday, said that the town needs to re-engage with state lawmakers to get action moving again on the state bill.

“It’s time to take action,” Leonard said, referencing the recent fatal accident. 

While the state bill has failed to gain traction, Leonard said that there are steps that the board could consider taking to make roads safer. He suggested the board look into alternatives while also trying to get something passed by state lawmakers. “We need to look at alternatives, from licensing to having more requirements,” Leonard said.

Reached for comment, local state lawmakers say that they have been supportive of the measure to ban rentals in Oak Bluffs.

Senator Julian Cyr said that the town’s proposed rental ban would have a better chance of passing at the state level if there was a unified voice from all of the Island towns. He suggested that all six towns pass a home rule petition at town meeting similar to Oak Bluffs.

“We supported this home rule petition since it was originally filed,” Cyr said. “I do think we have work to do to continue to make the case for what would be considered a relatively novel policy targeting one mode of transportation that makes sense for the Island.” 

Cyr added that action taken by one Island town that is not consistent across the remaining Island towns can make it difficult to gain traction before the legislature. But he noted that he was supportive of the measure. 

“The loss of another person in a moped accident is deeply worrisome,” Cyr added.

Rich, responding to Cyr, said that towns have spoken in a unified voice in favor of a rental ban. 

“I have a nonbonding referendum that every town meeting voted in favor of, and voted through at the ballot,” Rich said. “Get this done.”

Rich is a member of the group Mopeds Are Dangerous Action Committee that has pushed for changes to help reduce moped accidents. In 2014, a moped driver was killed after losing control of a moped and crashing into a pickup driven by Rich’s son. Rich says that every time there’s a moped accident reported in the news, his son has flashbacks. He tells that The Times that he’s in it for the long haul to bring about change.

“As long as I draw breath, I will continue to fight to get moped rentals off the Island,” he said.

 

17 COMMENTS

  1. It is a growing discussion. The bike paths were not built to have motorized vehicles. We now have electric vehicles going 15 -35mph. Sometimes weighing up to 70 lbs. it is a dereliction of duty not to take these of the paths. Or at the very least and abdication of responsibility of elected officials. Walkers cannot react from in front or behind!

  2. 1) These aren’t “accidents”. They are predictable, repetitive outcomes caused by car dependency.

    2) If the true issue is protecting human life, should we also ban cars to reduce crashes? 40,000 Americans a year die from car crashes.

    3) A helmet won’t save you from impact with a multi ton metal box. If helmets would have prevented the loss of life, shouldn’t we require car passengers to wear them too?

  3. We are looking at this issue all wrong. Accidents tend to occur when people travel together in the same physical space but at different speeds. Car vs car. Car vs bicycle. Bicycle vs moped. E-bike vs pedal bike. Etc.
    Why do we have sidewalks? Bike lanes? Freeways? Two-lane non-divided highways? To separate travelers by speed. We need separate lanes for cars, mopeds and e-bikes, bicycles, and pedestrians.
    We don’t need to ban mopeds; mopeds need a separate travel space. They could also have speed governors.
    More ideas please. Banning mopeds isn’t the answer.

    • so maybe that works with experienced moped and e-bike riders, but without knowing the statistics I’d bet the majority of such incidents are involving the inexperienced vacationer unfamiliar with the mechanics of the ride and the winding roadways likely already summer-congested and not wide enough for dedicated accessory lanes of travel….

    • There is no separate travel space to be made available. Many Vineyard roads are narrow and cannot be widened to any significant degree. The state is doing a study because, in part, we can barely accomodate the current number of cars, let alone make additional room.

      I don’t believe differing speeds to be the primary problem in this case. I know of too many moped wipeouts that occurred without the involvement of another vehicle. It is likely a combination of poor construction, inexperience, and the wrong road conditions for this mode of transportation. Twists, turns, and/or sand are a terrible mix.

        • Albert, there is no room, for example, to add multiple lanes of travel on every section of street that connects at Five Corners. We’d have to rename it One Big Circle, and even that would disturb existing businesses.

          I can understand Mary’s point and suggestion. When there’s space for more vehicle-specific categories, as can be found in cities, it probably does help to cut down on accidents. I simply don’t see how we can replicate that on MV, for many reasons.

          I think the solution, short of a ban, is to require a class M license to rent mopeds. While this wouldn’t remove all risk factors—a ban is better for that purpose—it would prevent those with no experience from stumbling into a disaster.

          Sadly, it’s been floated as an idea for years, and no progress has been made.

  4. SAFE TWO-WHEEL TRANSPORTATION SUGGESTIONS FOR MARTHA’S VINEYARD

    I would like to propose the following ideas to get islanders’ thoughts & conversations flowing:

    1.) No more mopeds should be available for rent on Martha’s Vineyard. Period. These rentals are probably much too often to first-time, inexperienced riders of any gas-powered two-wheel vehicle. Balancing and safe-distance braking, especially with a passenger on the back, should be first practiced for multiple hours on low-traffic streets or in large empty parking lots before attempting to operate in congested traffic. Neither of these safe practice areas are available on Martha’s Vineyard, especially in summer.

    2.) E-BIKE rentals must NOT be equipped with seating for two riders. Period. A single seat with a basket on the back for carrying things should be perfect for getting to the beach or going grocery shopping.

    3.) E-BIKES should have a speed governor at 20 MPH. Period. Going faster than that on two bicycle wheels is very dangerous, especially with the risk of having to navigate around or through unexpected patches of sand.

    4.) All E-BIKES should come equipped with the wider tires for safer stability through sand, sidewall rings which reflect headlights for drivers to be able to more easily see cyclists at night from a side approach, front / rear full-time ON lights and dual mirrors.

    5.) E-BIKES should also have old-fashion “ring-ring” type warning bells that the rider is required to sound when overtaking walking pedestrians from behind to pass on their left, or even before riding within 10 feet of stationary pedestrians not looking the rider’s way.

    6.) Passing within 10 feet of pedestrians should be limited to 7 MPH, the same speed as for vehicles in the Oak Bluffs Campground area. E-cyclists are to follow the standard driving “Rules of the Road” when riding on public streets. Violators could be subject to fines or possible immediate E-BIKE rental termination through a police call to the rental agency.

    7.) Unless the road is widened with a designated bike path created, there should be NO cycling – E-BIKE or otherwise – allowed beyond the Chilmark Police Station on the road to Aquinnah. That road is simply too curvy, hilly, narrow, often-embanked and dark after sunset for any safe E-BIKE or regular cycling whatsoever. If you wish to go to Aquinnah, park your bike near the police station where permitted and take a bus there.

    These are my best ideas to start with. I would love to hear the suggestions of others. I hope my “mustard seeds” take root to help make Martha’s Vineyard a safer place to visit and enjoy life.

  5. Back in the day we would have protested the establishment, informing the prospective customers of the dangers and fatalities with signs and voice, and hopefully make the 5 o’clock news along with an embarrassing interview with a local…

  6. I can tell everybody from personal experience that mopeds (scooters) are inherently unstable vehicles. I have been an avid motorcycle rider for over 50 years. I was never in an accident on a motorcycle. A motorcycle has much bigger diameter wheels than a moped. Due to the larger gyroscopic effect these bigger wheels stabilize the vehicle. A few years back we went to Bermuda on vacation. It is a huge business there renting mopeds, so we did. Even with my motorcycle experience I never felt safe on those mopeds. They are so unstable and hard to control, not even thinking to put a second person on it who might shift the weight or leaning, upsetting the balance. Now put somebody on one of these unstable two wheelers whose last encounter with a two wheeled vehicle was on a bicycle when they were children. It is a case for Darwin…..

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