HomeMy WebLinkAboutENG 09-24Report to Council
Report Number: ENG 09-24
Date: June 24, 2024
From: Richard Holborn
Director, Engineering Services
Subject: Shared E-Scooter Pilot Program - File: A-1440
Recommendation:
1. That Report ENG 09-24 regarding a Shared E-scooter Pilot Program be received;
2. That the staff be authorized to issue a ‘Request for Proposal’ to select a vendor to
undertake and implement a Shared E-Scooter Pilot Program in the City of Pickering;
3. That a copy of this report be circulated to the Region of Durham, Durham Regional Police
Service, Durham Region Transit, and all local Municipalities in Durham Region; and,
4. That the appropriate officials of the City of Pickering be authorized to take the necessary
actions as indicated in this report.
Executive Summary: The purpose of this report is to obtain Council’s authorization to
issue a Request for Proposal (RFP) to select a vendor to undertake and implement a shared e-scooter pilot program in the City of Pickering, and to provide Council with background information on shared e-scooter pilot programs.
The Ontario Ministry of Transportation (MTO) launched a five-year pilot program (Provincial Pilot Project – Electric Kick Scooters – ON Reg. 389/19) to run from January 1, 2020, to
November 27, 2024, to allow municipalities to choose where and how electric kick scooters (e-scooters) may be used. The MTO outlined that it is up to municipalities to pass by-laws to permit the use of e-scooters locally and determine where they can and cannot operate.
The Region of Durham (Region) passed By-law 23-2022 on April 27, 2022, permitting the use of e-scooters on Regional roads including Regional roads in the City of Pickering (City), but not
on roads under the jurisdiction of the City. To close this gap in connectivity for e-scooter users and have a consistent approach to e-scooters on all roads in Pickering, staff prepared the attached Electric Kick Scooter By-law No. 7992/23 (Attachment 1), which came into effect on February 27, 2023.
The City’s E-scooter By-law is consistent with the regulations implemented by the Region
including the restriction of the use of these devices anywhere other than roadways. The By-law
also provides enforcement authority to the Durham Regional Police Service.
To assess the potential impacts and uptake of a shared e-scooter pilot program in the City, staff are recommending that interested vendors be invited to participate in a pilot program through a competitive procurement process. Staff will develop terms of reference for the RFP
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for the pilot program after the authorization to do so is received from the Council. Subject to Council approval to issue an RFP, staff anticipate that a vendor(s) would be selected by the
end of 2024, and the program could commence in April 2025.
This program is supported by the Council approved City’s 2021 Integrated Transportation Master Plan, which has vision of “growing the adoption of active transportation, which generally is focused on walking (including the use of mobility aids) and cycling but can also include other transportation modes such as rollerblading, riding a skateboard, or a kick
scooter. Currently, cycling only represents 0.5% of all daily trips in Pickering, while walking
accounts for 9% of daily trips. Increasing active transportation and transit use by introducing micro-mobility and first and last mile solutions such as e-scooters will help to alleviate pressure on Pickering’s existing and future transportation network.” The shared e-scooter pilot program will advance the recommendations from the City’s Integrated Transportation Master Plan to
promote a safe, integrated and supportive transportation system and increase opportunities for
transit and active transportation.
Relationship to the Pickering Strategic Plan: The recommendations in this report respond
to the Pickering Strategic Plan Priority of Advance Innovation & Responsible Planning to Support a Connected, Well-Serviced Community.
Financial Implications: There are no financial implications at this time. Based on review of
other municipalities’ pilot programs, the capital and operating costs of the pilot project will be the responsibility of the vendors.
Further, a shared e-scooter program may require additional staffing resources, including for By-law and Operations.
Discussion: The purpose of this report is to obtain Council’s authorization to issue a Request for Proposal (RFP) to select a vendor to undertake and implement a shared e-
scooters pilot program in the City of Pickering, and to provide Council with background
information on shared e-scooter pilot programs.
The MTO launched a five-year pilot program (Provincial Pilot Project – Electric Kick Scooters – ON Reg. 389/19) to run from January 1, 2020, to November 27, 2024, to allow municipalities to choose where and how e-scooters may be used. The MTO outlined that it is up to
municipalities to pass by-laws to permit the use of e-scooters locally and determine where they
can and cannot operate. Municipalities are working on new regulations and programs to adapt to these new technologies.
The MTO e-scooter pilot program guidelines for municipalities stipulate that municipalities must inform MTO that they are participating in the pilot by contacting REO@ontario.ca. Furthermore,
it notes that the municipalities are required to monitor all collisions involving e-scooters on
roads within the municipality and provide semi-annual written reports to the ministry.
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MTO will use the information gathered from municipalities during the pilot to help determine if e-scooters will be allowed permanently in Ontario and if so, what the rules will be regarding
their operation.
Enacting an e-scooter pilot program will be contingent on the MTO extending the e-scooter pilot program. Should the MTO not extend the program, the City may not have the ability to participate in a shared e-scooter pilot program.
The RFP process would commence upon receiving approval from Council, and it is anticipated
that a vendor(s) would be selected by the end of 2024. Based on a review of neighbouring
municipality programs, the anticipated timeline for launching the shared e-scooter program in a typical year would be from the beginning of April to the end of October depending on weather conditions, commencing April 2025.
A. What defines Micro-mobility & E-Scooter
Micro-mobility refers to transportation over short distances provided by a range of small,
lightweight vehicles operating at speeds typically under 25 km/h and driven by users personally. These include e-scooters. They are ideal transportation options for providing the first and last mile connections to transit services at mobility hubs and could potentially help ease congestion near major transit hubs.
E-scooter is a vehicle that has:
• two wheels (one at the front and one at the back)
• a platform to stand on
• a handlebar for steering
• an electric motor that does not exceed 500 watts
• a maximum speed of 24km/h on a level surface
E-scooters are emerging across the world as an affordable and convenient micro-mobility option, particularly for people without access to a car, lack of sidewalks and those who do not live near transit stops or stations. E-scooters add another micro-mobility option to transportation road users for people who may not have the physical ability to use conventional
bikes and scooters. They have shown that they can improve multi-modality and gaps within
transit networks. There are people who may prefer using e-scooters instead of e-bikes because they take up less storage space and are easier to use regardless of balance skills.
There is growing research that shows mental and physical health and environmental benefits of micro-mobility. E-scooters are more likely to replace vehicular trips for short distances
because people can use them for longer distances and over challenging hills.
B. Shared and Privately-owned E-scooters
Privately owned e-scooters are vehicles that people purchase for their own use, and they are responsible for their charging, maintenance, and storage.
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Shared e-scooters are different from privately owned e-scooters. Shared e-scooters can be rented from a service provider for a fee per minute or per distance travelled. For example, at
the time of writing this report, the shared micro-mobility vendor Bird Canada indicate in their
mobile phone app a rate of $0.35/minute with a minimum of $2.50 fee for usage. The fees can change anytime as the pricing is at the vendor’s discretion. Such vehicles are typically unlocked using an app and the user must return them to a designated area or risk being charged a monetary penalty. The service providers are responsible for operating and
maintaining all their equipment, including the app needed to use the e-scooters.
C. Region of Durham E-scooter By-law
The Region’s and City’s ability to permit e-scooters depend on provincial and regional regulations, respectively. On April 27, 2022, the Region passed the Electric Kick Scooter By-Law 23-2022 permitting the use of e-scooters on Regional roads and consequently
e-scooters are now permitted on Regional roads in the City of Pickering.
D. City of Pickering E-Scooter By-law & Consultation Summary
Following the Region’s By-Law 23-2022 being passed, the City’s Corporate Services staff drafted the City’s E-Scooter By-law No. 7992/23, which came into effect in February 27, 2023 (Attachment 1). It includes the following:
• E-scooters are permitted on City streets but not on sidewalks, multi-use paths, parks, and trails.
• E-scooters are limited to roads with a speed limit of 60km/h and lower, unless within a
reserved bicycle lane.
• Operators must be 16 years of age or older.
• Operators under 18 years of age must wear a helmet.
• No cargo can be carried on an e-scooter.
• E-scooters must have a bell or horn and be equipped with a white or amber lamp at the front and red light at the rear.
A public consultation was undertaken by the City’s Corporate Services staff from May 21,
2021, to January 29, 2023 to gather public opinion on the City’s draft by-law. The total number of engaged participants that registered and contributed to the survey was 144. Only 31% of the 144 survey participants owned an e-scooter. The key takeaways from survey were as follows:
• 69% of the survey participants are in favour of the use of e-scooters on City roads
• 96% of the survey participants agree that e-scooters should be used in bicycle lanes
• 50% of the survey participants agree to prohibit use of e-scooters on sidewalks and pathways with 8% being undecided
• 52% of the survey participants disagree that e-scooters should be prohibited in parks and on trails with 7% being undecided
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• 62% of the survey participants are concerned with pedestrian safety
• 58% of the survey participants feel all riders should be required to wear helmets, not only riders 18 years and under
• 58% of the survey participants agree that a user must be at least 16 years of age to operate an e-scooter
Another notable finding from the survey feedback was that the participants who own and ride e-scooters regularly disagreed with prohibiting them on sidewalks and pathways due to not having adequate bicycle lanes on City roads.
E. Other Municipalities in the GTA
Since the commencement of the MTO’s five-year long e-scooter pilot program, various
municipalities such as the City of Brampton, City of Oshawa, and Town of Ajax, have opted in to participate in a pilot program to gather data on advantages and disadvantages of such programs and gauge local interest.
The City of Brampton’s pilot program in 2023 exceeded expectations with significant positive community feedback and interest which allowed the City to see the program return for another
year. They are using the services of a GTA-based micro-mobility company named Scooty.
The Town of Ajax partnered with Canadian company Bird Canada for its shared e-scooter pilot program for the month of October in 2023. In April 2024, the program commenced for a second time and is expected to be completed at the end of this year. The Town of Ajax has not placed any restrictions on the use of e-scooters on trails, multi-use paths, and within parks.
The City of Oshawa partnered with Canadian company Bird Canada and Singapore-based company Neuron Mobility to deliver a two-year ride-sharing pilot program at no cost to the City. The City of Oshawa’s webpage for their e-scooter pilot program notes that their ride-sharing vendors, Bird Canada and Neuron Mobility, have committed to responding to devices parked
incorrectly within 15 minutes to one hour. It also notes that for complaints pertaining to
privately owned e-scooters, residents can contact the City.
In 2021, City of Toronto Council voted unanimously to ban e-scooters on any City of Toronto roads. They are not allowed to be operated, left, stored, or parked on any public street in Toronto including bicycle lanes, cycle tracks, trails, paths, sidewalks, or parks over concerns
about safety related to e-scooters being ridden and littered on the sidewalk.
F. The Existing Technology
A micro-mobility share program is a service fully funded and operated by commercial businesses in which micro-mobility devices are made available to use for short-term rentals. Micro-mobility devices are generally rented and paid for through a mobile app. E-scooters can
also be privately owned and are commercially available for purchase along with a wide variety
of other unregulated micro-mobility devices.
Shared micro-mobility programs in Canada are regulated provincially and municipally with robust regulatory frameworks in place. Based on researching what other municipalities are
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doing, it is understood that the entire micro-mobility program, including all hardware (i.e. e-scooters), software and local program management, is typically provided for by the
micro-mobility company at no direct cost to the municipality.
A municipal shared micro-mobility program enables residents to simply download a free app onto their smartphone, locate a shared device, scan the QR Code located on the shared device via the smartphone app to unlock it, ride the shared device to their local destination where they would lock it via the app and park it in compliance with local municipal regulations,
ready for the next rider.
To date, regulated shared e-scooter programs are present in over 100 cities globally. In Canada, e-scooter share operations have existed in major cities across the country such as Calgary, Edmonton, Ottawa, and Windsor.
Municipal programs for shared e-scooters in cities such as Ottawa and Windsor have
regulations in place for shared e-scooter programs. For example, in Ottawa, Bird Canada has
a signed binding agreement with the City of Ottawa covering such items as:
• fees and securities
• parking of shared e-scooters
• removal of shared e-scooters
• COVID-19 related sanitation
• communication and education
• non-performance (of contractual obligations)
• data reporting to the City
• insurance
Depending on vendors’ products, some technology exists now that allows smart sidewalk protection which gives riders travelling on a sidewalk an audible alert and mobile notification
before the vehicle is brought safely and smoothly to a stop by reducing throttle (disengaging
the motor). It is known to be very uncomfortable riding these e-scooters without motor assistance.
Additionally, there are technologies that exist that will encourage users to stay and park within the geofenced green operational area, which can be found via an app. It’s the same app that is
used to make payments and rent shared e-scooters. Going outside this geofenced area will
result in the user’s e-scooter sounding an alarm and disabling the electric power. The user will need to manually push the e-scooter back into the geofenced area.
Geofencing technology uses GPS to create virtual boundaries around specific areas. E-scooter companies can use geofencing to restrict the speed or operation of e-scooters in certain
zones, such as pedestrian-only areas, parks, or high-traffic zones.
G. Insurance and Liability Concerns
One of the main concerns, other than the concerns of improper parking and placement of the e-scooters such as blocking sidewalks, impacts on the movement and safety of vulnerable sidewalk users such as disability groups, children, elderly population etc., is related to
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insurance and liability in the event of a collision, and property damage. As such, to reduce the probability of a collision taking place, staff recommend restricting the use of the shared
e-scooters in winter months. Therefore, in a typical year the program will likely run from April to
October, depending on weather conditions.
Many of the risks can be addressed through providing etiquette and education and requiring vendors to identify their risk mitigation measures during the RFP process. Bird Canada has a general rental and use of vehicle policy which includes terms and conditions related to risk and
responsibility.
It is worth reiterating that the risks associated with privately owned e-scooters are more challenging to mitigate compared to shared e-scooters, given the City has no control over adjustments people can make to their own e-scooters.
H.Advantages and Disadvantages
The decision to participate in a shared e-scooter program must consider the potential
advantages versus the disadvantages for both residents and the municipality. The table below outlines these considerations.
For Residents For Municipalities
Advantages •
•
Provides more transportation
options that can be appropriatefor people with mobility or anyother limitations.
Allows residents to take shorter
trips (last mile/first mile). Forexample - potential to use ane-scooter to get home from theGO station if people miss the
last DRT bus.
•
•
•
•
•
Contributes to meeting goals for
a multi-modal transportationsystem and greenhouse gasreductions.
Possibility to boost tourism and
increase exposure to localbusinesses.
Control over e-scooter’s speed.
Possible to have the vendorprovide enforcement andeducation.
Potentially reduce auto
mode-share at congested areaswithin the City.
Disadvantages •
•
Potential conflicts withpedestrian path obstructions.
Risk of collision with
pedestrians, notably pedestrians
with disabilities if not trainedproperly (though the risks arenot very different fromconventional bikes).
•
•
Increased conflicts withpedestrians and increased riskof collision (though the risks arenot very different from
conventional bikes).
Insurance products are notavailable for e-scooters.
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For Residents For Municipalities
•Littering (people may pick up •Increased demand for
and dispose of the e-scooters in maintenance of on-road and off-unauthorized areas).road bike facilities.
•Usage is contingent upon finding •Not feasible to enforce on trails
a vehicle nearby through the app given jurisdictional powers and
when one is neededimmediately.resources to enforce speeds.
As noted earlier, the results from the municipal pilot programs will also inform the MTO’s decision on whether to permanently permit e-scooters in Ontario and regulations on how users operate e-scooters.
In summary, a shared e-scooter pilot program will allow staff to assess the performance and operation of a micro-mobility system under a test environment and gather data to support
recommendations for a permanent solution. It will support developing rules around their use in the City. It is an example of how the City can rethink the more conventional, auto-centric approach to transportation planning and infrastructure within the City. This program will also support the vision of growing an active transportation system, as identified in the City’s 2021 Integrated Transportation Master plan.
Attachment:
1.City of Pickering E-Scooter By-law No. 7992/23
Prepared By: Approved/Endorsed By:
Ridhita Ghose, P.Eng.
Transportation Engineer
Richard Holborn, P.Eng.
Director, Engineering Services
Nadeem Zahoor, P.Eng., M.Eng. Manager, Transportation & Traffic
Jason Litoborski
Manager, Municipal Law Enforcement Services
Original signed by:
Original signed by:
Original signed by:Original signed by:
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Cathy Bazinet
Manager, Procurement
RG:mjh
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A. Chief Administrative Officer
Original signed by:
Original signed by:
The Corporation of the City of Pickering
By-law No. 7992/23
Being a by-law to regulate the operation and use of electric
kick-scooters in the City of Pickering.
Whereas the Municipal Act, 2001, Highway Traffic Act and Ontario Regulation 389/19 allow municipalities to regulate the use of electric kick scooters,
And Whereas the Council of the City of Pickering desires to allow the operation of electric kick-scooters on municipal roadways;
And Whereas the Council of the City of Pickering desires to restrict the use of electric kick-scooters on certain municipal property.
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows:
1.Short Title
1.1. This By-law may be referred to as the “E-Scooter By-law”.
2.Definitions
In this By-law:
2.1 “boulevard” means all parts of a highway including the sidewalk, but excluding the
roadway and shoulder.
2.2 “cargo” means goods carried on an electric kick-scooter by putting them on a platform, basket or container for carrying parcels or goods. Purses, backpacks or bags that are safely and securely attached to the operator are not considered cargo.
2.3 “Chief of Police” means the Chief of Police of the Durham Regional Police Service or an
authorized representative.
2.4 “City” means the geographic area of the City of Pickering or The Corporation of the City of Pickering, as the context requires.
2.5 “e-scooter” means an electric kick-scooter vehicle that has:
(a)two wheels placed along the same longitudinal axis, one placed at the front of
the kick-scooter and one at the rear,
(b)a platform for standing on between the two wheels,
(c)a steering handlebar that acts directly on the steerable wheel,
(d)an electric motor not exceeding 500 watts that provides a maximum speed of 24kilometres per hour, and
Attachment 1 to Report ENG 09-24
By-law No. 7992/23 Page 2
(e)a maximum weight of 45 kilograms (kg) and wheels with a diameter of more than430 millimetres.
2.5 “highway” has the same definition as in subsection 1 (1) of the HTA.
2.6 “HTA” means the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended.
2.7 “multi-use pathway” means an in-boulevard path physically separated from motor vehicle traffic for use by cyclists, pedestrians and other non-motorized users.
2.8 “official sign” means a sign required by or erected on behalf of any federal, provincial, regional, or municipal government or agency thereof or board or commission or public
utility, including, but not limited to, signs designating hospitals, schools, libraries, community centres, arenas or other public government uses.
2.9 “pedestrian” means,
(a)a person on foot;
(b)a person in a wheelchair; or
(c)a child in a carriage, stroller or play vehicle.
2.10 “Region” or “Regional” means the municipal corporation of The Regional Municipality of Durham or the geographic area as the context requires.
2.11 “reserved bicycle lane” means those parts of the highway set aside for the use of
cyclists and designated by an official or authorized sign or by pavement markings.
2.12 “roadway” means that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term “roadway” refers to any one roadway separately and not to all of the roadways collectively.
2.13 “shoulder” means that part of the highway immediately adjacent to the roadway and having a surface which has been improved for the use of vehicles with asphalt, concrete or gravel.
2.14 “sidewalk” means those parts of a boulevard set aside for the use of pedestrians.
2.15 “vehicle” includes a motor vehicle as defined in the HTA.
Application and Interpretation
3.1 This By-law applies to the City of Pickering.
Prohibition
4.1 No person shall operate, or cause to be operated, or use an e-scooter on a highway or any other property under the jurisdiction of the City unless:
(a)permitted by and in accordance with the provisions of the HTA and OntarioRegulation 389/19, as amended;
(b)permitted by and in accordance with any applicable traffic by-laws; and
(c)permitted by and in accordance with the provisions of this By-law.
4.2 No person shall operate, or cause to be operated, or use an e-scooter on a highway with a legal speed limit greater than 60 kilometres per hour, unless within a reserved bicycle lane.
4.3 No person shall operate, or cause to be operated, or use an e-scooter where cycling,
skateboarding or rollerblading is prohibited.
4.4 No person shall operate, or cause to be operated any e-scooter on any sidewalk, trail, park or multi-use pathway under authority of the City.
General Regulations
5.1 No person under the age of 16 years shall operate an e-scooter.
5.2 No person under the age of 18 years old shall fail to wear a helmet that complies with the HTA when operating an e-scooter.
5.3 No person operating an e-scooter shall carry any other person thereon.
5.4 No person operating an e-scooter shall tow another person, vehicle or device.
5.5 No person operating an e-scooter shall attach himself or herself to another e-scooter,
vehicle or device for the purpose of being drawn or towed.
5.6 No person operating an e-scooter shall operate it in any position other than while standing at all times.
5.7 No cargo may be carried on an e-scooter.
5.8 No person shall park or stop an e-scooter or permit an e-scooter to remain parked or
stopped on a roadway, shoulder, boulevard or any other public property in Pickering unless authorized by the City of Pickering.
Safe Operation
6.1 The operator of an e-scooter shall keep a safe distance of at least one metre from
pedestrians and other users of the roadway or shoulder at all times and shall give way
to a pedestrian or bicycle by slowing or stopping where there is insufficient space for the pedestrian or bicycle and the e-scooter to pass.
6.2 Where reserved bicycle lanes are provided on a highway, an e-scooter shall only be operated in the reserved bicycle lane.
6.3 Where no reserved bicycle lanes exist on a highway where e-scooters are permitted to
operate, the operator of an e-scooter shall ride as close as practicable to the right-hand curb or edge of the roadway or on the paved shoulder.
By-law No. 7992/23 Page 4
6.4 No person shall operate an e-scooter within a crosswalk or pedestrian crossover, as defined in the HTA.
6.5 Every e-scooter shall be equipped with a bell or horn which shall be kept in good working order and sounded to notify cyclists, pedestrians or others of its approach.
6.6 When operated at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles are not clearly discernible at a distance of 150 metres or less, every e-scooter shall carry a lighted lamp displaying a white or amber light at the front and a lighted lamp displaying a red light at the rear. The lamps may be
attached to the e-scooter or may be carried or worn by the operator on his or her person.
6.7 No person shall operate or use an e-scooter in such a manner that it may harm, injure or damage, either directly or indirectly, any person or property.
Enforcement
7.1 The provisions of this by-law may be enforced by a police officer pursuant to subsection 42(1)(h) of the Police Services Act, R.S.O. 1990, c. P.15.
Offences and Fines
8.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence.
8.2 Every person who is convicted of an offence is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
Effective Date
9.1 , 2023 and shall be repealed on This By-law shall come into force on February 27th
the earlier of:
(a)the revocation of Ontario Regulation 389/19: Pilot Project – Electric KickScooters; and
(b)November 27, 2024.
By-law passed this 27th day of February, 2023.
Original Signed By________________________________ Kevin Ashe, Mayor
Original Signed By________________________________ Susan Cassel, City Clerk