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Halifax council paves the way for e-scooter regulation with new bylaw

Click to play video: 'As Fredericton moves to regulate e-scooters, questions arise over provincial regulation'
As Fredericton moves to regulate e-scooters, questions arise over provincial regulation
The City of Fredericton has regulated the use of e-scooters and bikes, governing their use on the city’s vast trail network. It means there are consequences for going too fast and not wearing a helmet, but it remains to be seen how others might regulate this new and growing method of transportation. Nathalie Sturgeon has that story. – Mar 16, 2023

Halifax Regional Council unanimously approved the second reading of a micromobility bylaw Tuesday, paving the way for the regulation of devices like electric scooters.

The bylaw focuses on e-scooters for now, but could be updated in the future “as micromobility technology and popularity change,” according to a staff report presented to council in June.

Under the micromobility bylaw, e-scooters will be permitted:

  • on roadways with a speed limit of 50 km/h or less
  • in bicycle lanes on any roadway
  • on multi-use pathways within streets

E-scooters will not be allowed:

  • on sidewalks
  • at speeds of more than 25 km/h on a roadway or bike lane
  • at speeds of more than 15 km/h on a multi-use pathway

E-scooters also won’t be allowed in parks, though the executive director of Parks and Recreation may designate some parks permitting their use.

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As well, no e-scooter owner “shall permit an electric kick-scooter to be abandoned upon any municipal property.” Abandoned e-scooters could be subject to impoundment, it said, and there’s a fine of at least $50 for those who contravene any section of the bylaw.

The province made an amendment to the Motor Vehicle Act in April 2022, which saw the first regulations made toward the use of e-scooters. Those amendments include a minimum age of 14 years old to use e-scooters, a maximum permitted speed of 32 km/h, and helmet requirements.

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At the time, the province said municipalities will have the capability to set a lower speed limit, as well as decide if the electronic scooters will be permitted on roads, sidewalks, or shared sidewalks.

‘Littering the sidewalks’

The Canadian National Institute for the Blind has previously raised concerns to regional council, saying people riding and leaving e-scooters in the middle of sidewalks can become tripping hazards for some people.

During a council meeting Tuesday morning, Coun. David Hendsbee said it’s important to make sure e-scooters “have a place along with the other cyclists … and try to keep them off the sidewalks.”

“I know that’s the biggest issue I’ve heard in other municipalities, is that these things are littering the sidewalks and being obstacles for a lot of people,” he said.

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“But hopefully with this bylaw, we’ll learn the lessons of many other municipalities across the country and how to regulate and to monitor the use of these devices.”

Once seen as something used for recreational purposes, electric scooters have recently become a means of transportation for some commuters. Global News

Active transportation manager David MacIsaac, who worked on the staff report, said bylaw enforcement aims to focus on e-scooter businesses, though some aspects of enforcement still need to be nailed down.

“As much as possible, we want to put the onus on the licensee, the business operator, to operate a service that minimizes or completely eliminates this kind of behaviour,” he told council.

One of the next steps is to implement a two-year pilot project, slated to begin next year.

City staff recommended that the municipality licence “one or a limited number” of private owners and operators for a combined bike share and e-scooter share system for the pilot. Those businesses would be selected through a request-for-proposals process.

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Licensing existing businesses rather than implementing a municipally-owned system will save the municipality money, MacIsaac said.

The program is projected to cost $70,000 to $76,000 in 2023/24, $360,000 to $663,500 in 2024/25, and $225,000 to $417,500 in 2025/26, though MacIsaac said much of the costs can be recouped through licensing fees and fines.

“Part of the reason for a pilot approach is just to kind of get a better sense about how all that will play out, and how much money we would be able to generate for the municipality,” MacIsaac said.

“But our goal is really just to be revenue-neutral.”

With Tuesday’s approval, the municipality can begin enforcement and begin hiring bylaw officers. The report recommends adding up to four new positions. The bylaw can also be enforced by police.

Staff will also work on “Part B” of the bylaw, which would focus on establishing a regulated approach for businesses operating short-term rentals of scooters and bicycles.

“If supported by Council, the terms of this approach (e.g., enforcement, encroachments, permitting, parking/storage, and other factors) would be brought back to Council for consideration,” the staff report said.

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