Haverhill city councilors got a reality check on what they can and cannot regulate when it comes to electric scooters and bicycles when its Public Safety Committee met Wednesday night.
Several city councilors said they were prepared to update the city’s ordinance to include the new so-called “micromobility devices” ahead of a bill being debated in the state Legislature. Haverhill City Solicitor Lisa L. Mead, however, told councilors that until the state acts on Gov. Maura Healey’s Ride Safe Act, Haverhill’s regulatory powers are limited.
After an hour’s discussion, the Public Safety Committee asked Mead to work with Haverhill Police Lt. Kevin Lynch, traffic and safety specialist, to draft an updated ordinance as robust as the state currently allows. Then once the state Legislature acts, the full Council could modify it.
Mead told the seven councilors in attendance the city cannot mandate riders have licenses or learner’s permits, set rider age limits or even require helmets, as Lynch suggested previously. The Council can, however, raise fines up to $300 for violating existing traffic regulations and driving the devices on sidewalks. She said Lynch’s suggestion to impound vehicles from offenders could be problematic as well as holding parents of underage riders liable.
“I do want to give one cautionary note. The whole idea of citing parents for the underage kids riding. That is actually a problem. There is a number of cases related to underage kids drinking alcohol and trying to hold the parents accountable for that and those have all been found to be unconstitutional,” Mead said.
Regulating electric bikes and scooters took on more urgency in the wake of a June accident that took the life of a 12-year-old and sent her friend to the hospital in serious condition. The pair were riding a motorized scooter when it collided with a school bus.
At Wednesday’s meeting, at-large Councilor Thomas J. Sullivan and Ward 1 Councilor Ralph T. Basiliere, who was absent due to a family illness but had a statement read into the record, pressed for action.
“I don’t want to wait for the state legislation to get passed. I want us move ahead now and get as much done as we can at the local level and, hopefully get it done by the fall, so we can start getting the word out,” Sullivan said.
Likewise, Ward 3 Councilor Devan M. Ferreira said at the very least the Haverhill School Committee could adopt a policy banning the devices from school property. Mead agreed that would be acceptable.
“I do think there are parts of what Lt. Lynch had offered as suggestions at our last City Council meeting that could go into place. For example, banning the e-bikes on school grounds. I invited Dr. Marotta. I am hoping that is a policy can be in place prior to school starting so parents can plan for that,” Ferreira suggested.
Three residents also spoke up. Among them was Al Pereira, who said he believes the city needs more police officers on the street to enforce traffic safety rules. Mayor Melinda E. Barrett noted that any city police officer can issue tickets for traffic violations.
Mead noted that the last time the city updated its ordinance regulating smaller vehicles was in 1982. But that ordinance defines gas-powered devices such as mopeds since electric powered scooter and bicycles hadn’t yet been invented.