To the editor:
The state e-bike legislation that passed the State Senate on Feb. 25 will most certainly be enacted into law. It is now in the State House and is expected to pass the State Legislature this week. How much would it help the residents of Coconut Grove? My thinking is probably not much at all.
As Don Finefrock mentioned in his article last week, the bill “would require e-bike operators on a shared pathway that is not next to a roadway to give pedestrians an audible signal before overtaking or passing them.”
I sent an email to all of the sponsors and co-sponsors of the state e-bike bills suggesting language that would improve the bills as they would relate to Commodore Trail. My concern is that Commodore Trail may be totally or partially considered “adjacent to a roadway” and the bill may not even apply to pedestrians using it.
Parts of Commodore Trail are on dedicated pedestrian paths, parts are on the sidewalk, parts are on the road shoulder and parts are on a shared roadway. Which portions of Commodore Trail are “adjacent” to a roadway? I would think that the portions of Commodore Trail that are either on the road shoulder or are on a shared roadway would be considered “adjacent to a roadway.”
How will the language in the bills be applied to pedestrians walking on the bicycle paths that run along or through Main Highway, David Kennedy Park, Kenneth Myers Park and the Siegendorf Bicycle Path at Kennedy Park? Are these bicycle paths a “shared pathway located in a park or residential area” that is located “adjacent” to a roadway?
If that is how the law will be applied, e-bike operators using these bicycle paths would not need to “yield to pedestrians” or “give an audible signal before overtaking and passing a pedestrian.”
If these bicycle paths are not “located adjacent to a roadway,” then they would be subject to City of Miami e-bike rules and regulations and the portion of the state bill mentioned below regarding the 10-mph speed limit. The City of Miami has not adopted e-bike rules and regulations.
The portion of the state bill that would apply to pedestrians using the above-mentioned bicycle paths is the following: “A person operating an electric bicycle on a sidewalk or any other area designated for pedestrian use may not operate the electric bicycle at a speed greater than 10 miles per hour if a pedestrian is within 50 feet of the electric bicycle.”
Local E-Bike Regulations
City of Miami commissioners should at a minimum adopt rules similar to the rules Key Biscayne adopted after a very contentious process. My friend Henrietta Schwarz is right on point when she indicated that “these scooters or these e-bikes don’t belong on sidewalks with pedestrians.”
The Key Biscayne Motorized Scooter and Electric Bicycle Laws and Regulations provide the following:
* Motorized scooters and electric bicycles are not allowed to be ridden in any park, including the Village Green walking path and central promenade.
* Motorized scooters, electric bicycles, and bicycles cannot be placed or parked on the Village Green fields or turf.
* Riders must obey all traffic laws, including stop signs, traffic lights, and crosswalks.
* Riders must yield the right-of-way to pedestrians and give an audible signal when passing a pedestrian.
* Riders under the age of 16 MUST wear a helmet.
* Motorized scooters, electric bicycles, and bicycles must be fitted with all safety equipment, including an audible device, a white lamp on the front, and a red lamp on the rear to allow for visibility after dark.
How would such a ban be enforced in Coconut Grove?
Key Biscayne Police Chief Frank Sousa previously said that his department of 39 officers did not have the manpower to enforce a total ban.
Does Coconut Grove Police Commander Freddie Cruz have the manpower to enforce a total ban on motorized scooters and e-bikes on city streets and city shared pathways? My understanding is that Commander Cruz has four policeman that service the Coconut Grove Police Neighborhood Service Area.
Miami-Dade County Roads
What happens if the motorized scooter or e-bike operator is riding on a Miami-Dade County road? Mel Meinhardt, chairman of Friends of the Commodore Trail, tells me that “the Commodore Trail includes South Bayshore Drive, South Miami Avenue (Mercy Hospital-Vizcaya), McFarlane Road, Main Highway and South Douglas Road. All are county roads.”
Would the county adopt an ordinance that provides for stricter motorized scooter and e-bike rules on county roads? Maybe County Commissioner Vicki Lopez can help in this process. She was instrumental in getting a state bill passed last year that allows local governments to regulate the use of motorized scooters and e-bikes by age.
Key Biscayne was unsuccessful in their attempt to get such a county ordinance adopted. Query whether the Key Biscayne ban on riding motorized scooters and e-bikes in village parks results in these vehicles riding on Crandon Boulevard (under the jurisdiction of the county), which is outside Key Biscayne’s regulatory authority?
I don’t know if the Miami-Dade County/City of Miami Interlocal Agreement executed last year would allow the city to adopt an ordinance that would apply to county roads in Coconut Grove. The Interlocal Agreement pertains to traffic calming measures, so my thinking is that a similar type of interlocal agreement would need to be adopted that pertains to motorized scooters and e-bikes on county roads in the city.
This jurisdictional issue is similar to the pedestrian safety concerns regarding county roads in Coconut Grove, e.g., South Bayshore Drive.
Barry Subkow
Coconut Grove
Barry, you are a treasure! The law, if enacted, as written, will be even more dangerous for pedestrians. It’s the very sidewalks next to busy roads that need dedicated bike and scooter lanes. Most sidewalks are next to roadways… Miami should be brave, like Key Biscayne, and ban these vehicles from ever being on a sidewalk.
Barry’s thoughtful analysis provides a roadmap for how Miami should be proactive in limiting e-bikes.