Come to a Toronto Area Public Forum on the Federal Elections’ Disability Issues on October 16 – and – More Reasons Why Electric Scooters are Bad for Ontario


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org  [email protected] Twitter: @aodaalliance

Come to a Toronto Area Public Forum on the Federal Elections’ Disability Issues on October 16 – and – More Reasons Why Electric Scooters are Bad for Ontario

October 11, 2019

          SUMMARY

Here are bits and pieces of accessibility news to share, that have been building up in our virtual in-tray! We hope you enjoy this information, on the 254th day since the Ford Government received the final report of David Onley’s Independent Review of the AODA’s implementation and enforcement. How much more we would have to give thanks for on this Thanksgiving weekend if the Government were to have announced a comprehensive plan to implement the Onley Report.

On the national front, we want to let you know that on the evening of October 16, 2019, a federal election forum will be held in Toronto to focus on disability issues in the current federal election. AODA Alliance Chair David Lepofsky has been invited to be one of the event’s speakers. We encourage you to attend. The full details are set out in the event announcement, below.

We remind one and all to raise disability accessibility issues with the candidates in this election. Use the AODA Alliance’s new Federal Election Action Kit. It gives you great action tips and all the background that you need to help press our issues. Please retweet the tweets that @aodaalliance is now tweeting to candidates for Canada’s Parliament, where we ask for election commitments on accessibility for people with disabilities.

Turning to the provincial front, the AODA Alliance has been trying to play a leading role in  raising concerns with the Ford Government’s plans to expose Ontarians to the serious safety and accessibility risks posed by allowing electric scooters (e-scooters) in Ontario.

We have no word from the Ford Government on the results of their rushed consultations on this issue last month. In the meantime, opposition continues to grow to the Government’s plans. Below, we set out the October 2, 2019 news release by the City of Toronto on the subject. It recognizes a need to ensure protection for both public safety and accessibility, and reflects a cautious approach to allowing e-scooters in Canada’s and Ontario’s biggest city.

Torontonians need to press their city council members as well as the Ford Government to not allow e-scooters onto our streets, sidewalks or other public places, since they pose a safety and accessibility threat. We expect that the companies that want to make money renting e-scooters in Ontario and having them parked for free all over our sidewalks, like Lime and Bird, are heavily lobbying both the Ford Government and members of Toronto City Council, behind closed doors.

We also set out below an October 5, 2019 guest column in the Toronto Star that highlights how much of a safety risk e-scooters have proven themselves to be. We also show you an October 9, 2019 letter to the editor in the Toronto Star that reinforces those safety concerns.

We wish one and all a happy and barrier-free Thanksgiving.

          MORE DETAILS

 

Announcement of October 16, 2019 Toronto Area Federal Election Forum on Disability Issues

2019 Federal Election Forum on Accessibility and Disability Justice

 

The GTA Disability Coalition invites people with disabilities and their allies to join us for a federal election forum on accessibility and disability justice.

– Engage with an informed panel of experts speaking on the federal parties’ platforms on key disability issues

– Raise your awareness about actions you can call on parties to take to advance an accessible Canada

– Ask questions and share your civic voice in #AccessibleCndVOTE 

DATE: Wednesday, October 16th, 2019
TIME: 7:00 pm to 9:00 pm (doors open at 6:00 pm)
LOCATION: Ryerson University, Tecumseh Auditorium, Ryerson Student Centre, 55 Gould Street (SW side of Gould and Church St)

RSVP to Robin Simmons at 416-599-2458 ext. 293 by Monday, October 14, 2019. Seating is limited. You can also register for this event via Eventbrite

Submit your questions on Twitter to #AccessibleCndVOTE

 

Forum Partners: Alliance for the Equality of Blind Canadians.  A-Way Express. Balance for Blind Adults. Canadian National Institute for the Blind.  Centre for Independent Living in Toronto.  Doris Power. Ethno-racial People with Disabilities Coalition of Ontario.  Empowerment Council.  Kim Adlard. Miles Nadal Jewish Community Centre. ODSP Action Coalition. Older Women’s Network.  Ryerson University.  Springtide Resources. Students for Barrier-Free Access -U of T. Working for Change.

October 2, 2019 City of Toronto News Release on E-Scooters

City of Toronto Media Relations has issued the following:

News Release

October 2, 2019

City of Toronto moves to ensure safety and accessibility at forefront of planning for e-scooters

Toronto City Council today adopted a series of recommendations focused on dealing with the future oversight and management of e-scooters in Toronto.

The City is carefully planning for the provincial government’s anticipated introduction of e-scooters in Ontario by prioritizing safety and accessibility for the use of e-scooters in Toronto. Among comments provided to the province, municipalities in Ontario including Toronto have requested that municipalities maintain oversight on how e-scooters are regulated and how they are deployed on local streets.

City Council voted to direct Transportation Services, Municipal Licensing and Standards, the Medical Officer of Health and the Toronto Parking Authority, to report later this year on a program to enable the oversight and management of e-scooters on City roadways, including the possibility of adding electric scooters to the bike share fleet as a way of managing e-scooters in the public right-of-way, with the goal of ensuring a safe and accessible transportation network for all users during the proposed 5-year Provincial pilot project.

Until proper regulations are developed, City staff successfully recommended that City Council continue to prohibit the use of e-scooters on City sidewalks and pedestrian ways, prohibit any person from parking, storing or leaving an e-scooter on any street, sidewalk and pedestrian way.

Currently under the Province of Ontario’s Highway Traffic Act (HTA), vehicles such as e-scooters are not considered legal for use on city/public roads, including in bike lanes. As motorized vehicles, they are also not permitted for use on municipal sidewalks.

The Ontario government has proposed regulations for the use of e-scooters, including details for a five-year pilot window. The HTA will not be altered but the rules around pilot projects for e-scooters in Ontario are expected to be outlined. Timing is currently unknown while the province reviews public input.

E-scooters are being piloted in several North American cities, including Canadian jurisdictions outside Ontario, as well as in a variety of American jurisdictions. Programs have had varied success and outcomes with regard to use, safety, sidewalk clutter and parking. More data is being collected in other cities on safety and environmental impacts of e-scooters.

While a number of cities have piloted e-scooters, some cities are reviewing and consulting the public such as Boston, Seattle and Boulder. Examples of cities that currently prohibit e-scooter programs include London (UK), New York City (Manhattan), Philadelphia, Dublin and Honolulu.

Once the regulation for Ontario is made available by the province, City staff will review it and are expected to report back to the Infrastructure and Environment Committee in December on a proposed framework that enables the oversight and management of e-scooters on Toronto roadways, with the aim of ensuring safe, sustainable and accessible transportation for all users during a proposed pilot project.

Documentation of the motion that City Council adopted today is available at http://app.toronto.ca/tmmis/viewAgendaItemHistory.do?item=2019.IE7.13

A letter from the Toronto City Manager to the Ministry of Transportation is available at https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-138531.pdf#xd_co_f=ODM2YzZiMjYtMzIwZi00MGQ5LTlhZTgtZTNiYTU2Mjg1ZTI0~.

Link to the relevant portion of the Highway Traffic Act (PDF file): https://www.toronto.ca/legdocs/municode/1184_950.pdf

Quotes

“We must plan responsibly for e-scooters on our streets with safety and accessibility at the forefront of those plans. I believe this approach to this emerging transportation option will ensure we go about this in the right way that listens carefully to our residents, community groups, and businesses.”

– Mayor John Tory

“We all want safe, sustainable and modern travel options in Toronto. Learning from other cities, we know that success means taking care to develop an e-scooter program for Toronto.”

– Councillor James Pasternak (Ward 6 York Centre), Chair of the Infrastructure and Environment Committee

Toronto is Canada’s largest city, the fourth largest in North America, and home to a diverse population of more than 2.9 million people. It is a global centre for business, finance, arts and culture and is consistently ranked one of the world’s most livable cities. For information on non-emergency City services and programs, Toronto residents, businesses and visitors can visit http://www.toronto.ca, call 311, 24 hours a day, 7 days a week, or follow us on Twitter at http://www.twitter.com/cityoftoronto, on Instagram at http://www.instagram.com/cityofto or on Facebook at http://www.facebook.com/cityofto.

– 30 –

Media contact: Eric Holmes, Strategic Communications, 416-392-4391, 416-629-4891 (cell), [email protected]

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Toronto Star October 5, 2019

OPINION

Just how dangerous are e-scooters? Early numbers show an injury rate that’s almost 600 times higher than taking the bus

By Duncan Stewart, Contributor

How many Torontonians will be scooter commuters? Fewer than you think.

Although rentable dockless e-scooters (adult sized versions of push scooters with a battery and electric motor) are coming to Toronto soon in a pilot at the Distillery District, new data on safety makes it unlikely that many Torontonians will use them as part of their daily commute.

We could certainly use them: There is a clear need for environmentally friendly modes of transport for short distances and e-scooters and e-bikes — often referred to as micromobility devices —could reduce the number of private car, taxi and Uber trips we make.

Especially those that really don’t need to be car trips at all: as of 2017, 46 per cent of all U.S. car trips annually were for 5 kilometres or less, and 21 per cent were for less than 1.6 km. Assuming a 25 km/h speed limit for scooters, those trip distances translate into 12 minutes or less. I’ve spent longer than that waiting for an Uber or looking for parking!

Both e-scooters and e-bikes are suggested as a way of getting commuters out of cars and reducing congestion: Toronto was recently ranked the North American city with the worst commute, and sixth worst globally. And if scooters are used for daily commuting, not only does that mean fewer cars at peak traffic times, we’d also probably see less-crowded buses, streetcars and subways.

Not so fast.

The Toronto pilot is not the first e-scooter program in Canada: they have been in Montreal, Edmonton and Calgary for a while now… and Calgary is particularly interesting in that Alberta Health Services has been tracking how many people are showing up in  hospital emergency departments due to scooter injuries  since the start of their pilot in July. I was eager to see Canadian data, since I already had data from a study done in Austin, Texas in 2018, and I wondered if scooters had a different safety profile up here.

Before discussing the Calgary findings, we need to put safety of different transportation modes in context. Experts look at the number of deaths and injuries per trip. A massive 2007 U.S. study showed that the combined death and injury rate/100 million trips was about 160 for buses, 200 for pedestrians, 800 for passenger vehicles, and 1,500 for bikes. The Austin numbers were shocking: using the exact same way of counting, the injury rate for e-scooters was 20,000 per 100 million trips. Scooters were 100 times riskier than walking, and 13 times riskier than biking.

Data is still coming in from Calgary, but as of mid-September, 477 scooter riders have been to hospital and have taken a cumulative 500,000 trips. Which translates to an injury rate (no deaths yet, thank goodness, but there have been eight so far in the U.S.) of 95,400 per 100 million trips.

That is not a typo or miscalculation: the Calgary injury rate is nearly five times higher than Austin, and almost 600 times higher than taking the bus. I doubt that the Calgary injury rate is actually that much different from Austin – I expect the differences in our respective medical systems make Canadians much more likely to go hospitals, so the Texas data actually under-reports the true e-scooter injury rate.

How will this affect scooter usage in Toronto over the long run? There are two groups of likely scooter users: tourists and micromobility commuters. Toronto had 44 million visitors in 2017, and many of them come here when our streets are not filled with snow and ice, so scooters may make sense for many of them. And they’re fun to ride! But tourists think about risk and injury differently than commuters: they go hot air ballooning, bungee jumping and ziplining, despite those activities having relatively higher risks. It’s only once or twice, so the overall risk is low. But no one commutes 500 times per year, year after year, by balloon or zip line.

Leave the e-scooters for the tourists – for the rest of us, they look like a greener, faster, and more fun way to get to an emergency room.

Duncan Stewart is the director of research for tech, media and telecom for Deloitte Canada.

Toronto Star October 8, 2019

Letters

E-scooters are a risky way to commute

Numbers are in, and e-scooters look dangerous, Opinion, Oct. 5

Duncan Stewart’s article was a breath of fresh air because it was based on research, not a marketing hype to attract renters and local governments to buy in.

Using e-scooters to get commuters out of cars and reduce traffic congestion in Toronto will soon be tested in a pilot program in the Distillery District. But hold on. Pilots have already been run in Calgary, Montreal, Ottawa and Edmonton. And in Austin, Texas. The Calgary results are stunning. Based on hospital visits, it was deemed that it is 500 times riskier to ride the e-scooter than to walk and 65 times riskier to ride an e- scooter than a bicycle. Austin stats were lower, but were possibly related to the fact that injured riders might not as quickly go to the hospital without universal coverage as we enjoy in Canada.

The high injury stats make sense. For an inexperienced user, there is a learning curve of balance, speed and the all-important reading of the situation on the street or path. All of this happening when others are speeding past you on e-bikes, cycles and other scooters and, of course, cars if you are on the street.

Stewart nails it with his last comment: “They look like a greener, funner and faster way to get to an emergency room.”

Mike Faye, Toronto





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Ontario Needs to Make More School Spaces Accessible


The AODA does not yet have an education standard. Two committees are making recommendations about what an education standard should include. In the meantime, the Design of Public Spaces Standard and the Ontario Building Code both have rules that apply to educational institutions. These rules make school spaces more accessible for students, educators, parents, and visitors with disabilities. Accessible school spaces can include:

  • Public and private schools
  • School board offices
  • Colleges
  • Universities
  • School libraries
  • Producers of educational or training materials, such as textbook publishers

Accessible School Spaces

Under the Design of Public Spaces Standards, educational institutions must make new and redeveloped public spaces accessible. For instance, all new or reconstructed schools and school boards must have accessible:

Moreover, all schools and school boards in the public sector, and all private-sector schools with fifty or more workers, must have accessible:

Similarly, under the Ontario Building Code, all new and redeveloped buildings open to the public, including schools, must follow accessibility standards. These standards include:

  • Ramps, lifts or elevators whenever there are stairs
  • Automatic doors
  • Wide doorways at entrances to buildings and common areas
  • Accessible public washrooms
  • Barrier-free paths of travel into and through buildings
  • Visual and audible fire alarms
  • Accessible seating in auditoriums
  • Assistive listening systems in classrooms, meeting rooms, and auditoriums designed to hold at least seventy-five people

More Accessible School Spaces are Needed

Currently, the Code and Standard do not have guidelines specifically for schools, universities, colleges, or other educational spaces. For example, there are no guidelines to help designers create accessible classrooms, gymnasiums, or outdoor sports facilities. A new section of the Code that addressed educational institutions could make new schools fully accessible for a growing number of students with disabilities.

In addition, the Code and Standard only mandate accessibility in buildings and spaces that are new or redeveloped. These legal limitations mean that older buildings and spaces are closed or unwelcoming to people with certain disabilities, including people who:

Why do we Need Accessible School Spaces?

Educators may feel that they do not need to worry about making older spaces accessible because the standard does not require them to do so. They may also fear that installing accessible features will be costly, time-consuming, or inconvenient. However, some changes are easier and less costly to put in place. In addition, grants for structural accessibility may offset costs for larger-scale renovations.

While renovating for accessibility may take time and construction is inconvenient, inaccessibility is just as time-consuming and inconvenient for students, teachers, parents, and visitors with disabilities. For instance, students who use wheelchairs may never go to their neighbourhood schools with their siblings and friends. Similarly, some parents may not be able to volunteer at their child’s school or attend events there, like parent-teacher interviews. Therefore, the new education standard should include recommendations to start making older school buildings more accessible.

Furthermore, more and more students with disabilities are enrolling in higher education. These students can choose which university or college they want to attend. As a result, colleges and universities with accessible campuses can attract more students than inaccessible colleges and universities.

Many college and university students not only go to school on campus, but also live there. Our next article will explore accessibility in school residences.




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Tell the Ford Government if You Support the AODA Alliance’s Brief and Recommendations on the Government’s Proposal to Hold a 5-Year Pilot Project to Allow Electric Scooters in Ontario


And Lots More Media Coverage of Our Issues Over the Past Two Weeks

Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance September 13, 2019

SUMMARY

1. Please Tell the Ford Government If you Support the AODA Alliance’s Brief on the Proposal to Hold a 5-Year Pilot Project Allowing E-scooters in Ontario

Please email the Doug Ford Government as soon as you can to support the AODA Alliance’s September 12, 2019 brief on the Government’s proposal to permit the use of electric scooters on Ontario roads and bike paths for the next 5 years as a pilot project. Even though the Government’s incredibly-rushed 2.5 week public consultation on this proposal ended yesterday, nothing stops you from now writing the Government. Send your email to: [email protected]

It’s best when you use your own words in your email. If you are in a rush, you can simply say:

I support the September 12, 2019 brief to the Ontario Government on its proposal to allow e-scooters in Ontario for a 5-year pilot project.

Feel free to copy us on your email to the Government if you wish. Our email address is [email protected]

You can write the Government as an individual. We are also eager for any community organizations to write the Government to support our brief as an organization.
In summary, the AODA Alliance brief calls for the Government not to allow e-scooters in Ontario. It urges the Government to withdraw its proposal to hold an excessive 5-year pilot that would allow anyone age 16 and up to ride e-scooters on Ontario roads and bike paths, even if they and the e-scooter have no training, are uninsured and have no license.

E-scooters racing at up to 32 KPH will create serious new public safety and disability accessibility problems. Either riding or leaving an e-scooter on a sidewalk should be banned. An e-scooter left on a sidewalk should be immediately forfeited and confiscated.

If, despite this, e-scooters are allowed at all, e-scooter rentals, like those dominating in some US cities, should not be permitted. An e-scooter and its driver should be required to have a license and insurance. Virtually silent e-scooters should be required to audibly beep when in use, to warn pedestrians, including those who are blind, that they are racing towards them.

The AODA Alliance opposes the idea of the Province first permitting e-scooters and then leaving it to municipalities to regulate them. Ontarians with disabilities and others who do not welcome a risk to their safety should not have to fight separate battles, in one city after the next. Each municipality should not be burdened to clean up the mess that the Province is proposing to create.

If, despite these serious concerns, the Government wishes to proceed with a pilot, it should be for 6 months, not 5 years. It should be restricted to a small part of Ontario. The residents of an area selected for such a pilot should have to first consent to the pilot taking place there.

To make it easier for you, below we set out the 16 recommendations in our brief. You can read the entire AODA Alliance September 12, 2019 brief on this topic by visiting https://www.aodaalliance.org/whats-new/aoda-alliance-files-a-brief-with-ontarios-doug-ford-government-urging-that-ontario-should-not-allow-e-scooters-should-withdraw-its-proposal-for-a-5-year-e-scooter-pilot-project-or-if-allowed-sh/

We again thank the people who took the time to send us their feedback on our earlier draft of this brief. Their input helped us as we turned that draft into the finished product that we made public yesterday. We are encouraged by the strong support for our concerns that has been voiced.

2. Yet More Great Media Coverage of Our Issues Over the Past Two Weeks

To supplement the recent coverage of the disability concerns regarding the Ford Government’s proposal to allow e-scooters in Ontario for a 5-year pilot that has been reported in the Toronto Star, the Globe and Mail, City TV news and several CBC radio programs, our accessibility issues have kept getting great media coverage. We set out a sampling below. We also include an item that concerns weak action by the Federal Government on the eve of the current federal election in its early days to implement the brand-new Accessible Canada Act.

1. The September 9, 2019 Toronto Star included a good editorial that raised a number of concerns that we had earlier raised with the Ford Government’s proposal to allow e-scooters in Ontario. We applaud this editorial, even though the Star did not refer to the specific disability concerns that we had raised and did not mention the AODA Alliance.

2. The September 10, 2019 Toronto Star included a letter to the editor from AODA Alliance Chair David Lepofsky. It pointed out the additional disability concerns with the Ford Government’s e-scooter proposal that the Star’s September 9, 2019 editorial did not mention.

3. The Toronto Star’s September 10, 2019 edition also included an article on concerns with e-scooters that were raised at a meeting of a Toronto City council Committee. We were not involved in that committee’s meeting. That article reported on Toronto Mayor John Tory’s commendable reluctance to allow e-scooters in Toronto.

4. On September 11, 2019, CBC Radio’s Ottawa Morning program included an interview with AODA Alliance Chair David Lepofsky on the e-scooters issue. CBC posted an online news report on that issue, based on that interview. That interview supplements the interviews on the same issue that all seven other CBC local morning programs aired one week earlier, on September 4, 2019, with AODA Alliance Chair David Lepofsky.

5. The September 12, 2019 Toronto Star included another letter to the editor on the e-scooters issue. It voiced strong opposition to allowing e-scooters in Ontario. It did not refer to disability-specific concerns with e-scooters.

6. The September 9, 2019 edition of the Globe and Mail included an article by the Canadian Press that a number of other media outlets also posted on their websites. It focuses on a number of concerns with new regulations enacted by the Canadian Transportation Agency to address disability accessibility needs in federally-regulated transportation, such as air travel. That article quoted a number of sources from the disability community, including the AODA Alliance. Its quotes of AODA Alliance Chair David Lepofsky are to some extent inaccurate.

The regulation addressed in this article is the first such regulation enacted in this area since Parliament passed the Accessible Canada Act last June. The problems with that regulation exemplify the serious concerns we raised over the past year at the House of Commons and Senate with the Accessible Canada Act leaving the Canadian Transportation Agency with responsibility for creating regulations in the area of accessible transportation. Regulations seem to cater far more to the resistance of airlines and other federally-regulated transportation providers, and too little to the needs of passengers with disabilities.

3. The Ford Government’s Dithering on the Onley Report Continues

There have been 226 days, or over seven months, since the Ford Government received the final report of the Independent Review of the implementation of Ontario’s accessibility law, the Accessibility for Ontarians with Disabilities Act, conducted by former Lieutenant Governor David Onley. The Ford Government has not announced any plan of action to implement the Onley report.

The Onley report showed that Ontario remains full of “soul-crushing” barriers against over 2 million Ontarians with disabilities, and that Ontario Government action to redress these has been inadequate.

MORE DETAILS

List of the 16 Recommendations in the AODA Alliance’s September 12, 2019 Brief to the Ontario Government Regarding E-scooters

Recommendation #1
There should be no pilot project allowing e-scooters to be driven in public places in Ontario.

Recommendation #2
The Government should withdraw this e-scooter public consultation and go back to the drawing board. If it is not prepared to withdraw this public consultation on e-scooters, the Ontario Government should at least extend the consultation period to October 31, 2019.

Recommendation #3
The rental of e-scooters should be strictly forbidden, even if private ownership of an e-scooter by a user of that e-scooter were to be permitted.

Recommendation #4
There should be a strict ban on leaving an e-scooter in a public sidewalk or like location. If an e-scooter is left in such a place, it should be subject to immediate confiscation and forfeiture, as well as a strict penalty.

Recommendation #5
If e-scooters are to be permitted in Ontario, they should be required to make an ongoing beeping sound when they are powered on, to warn others of their approach.

Recommendation #6
The speed limit for e-scooters should initially be set much lower than 32 KPH, such as 15 or 20 KPH, until a strong showing can be made that a higher speed limit poses no safety threat to the public.

Recommendation #7
A person wishing to drive an e-scooter should be required to first take required training on its safe operation and on the rules of the road, and then to obtain a license.

Recommendation #8
Each e-scooter should be required to be licensed and to display a readily-seen license plate number.

Recommendation #9
The owner and driver of an e-scooter should be required to carry sufficient liability insurance for injuries or other damages that the e-scooter causes to others.

Recommendation #10
All e-scooter drivers, regardless of their age, should be required to wear a helmet whenever operating an e-scooter.

Recommendation #11
No e-scooter pilot project should be held in Ontario until the Ontario Government effectively studies the impact on public safety of e-scooters in jurisdictions that have allowed them, and on options for regulatory controls of them, and has made the details of these public. A pilot project should only be held in Ontario if public safety can be fully and effectively protected.

Recommendation #12
If Ontario is to hold an e-scooter pilot project, it should only take place for a period much shorter than five years, e.g. six months, and should only take place in a specific community that has consented to permit that pilot project there.

Recommendation #13
If Ontario is to hold an e-scooter pilot project, the Ontario Government should retain a trusted independent organization with expertise in public safety to study the impact of e-scooters during that pilot project, and to make the full results of that study public.

Recommendation #14
The Government should not treat a ban on riding e-scooters on the sidewalk, while necessary, as a sufficient protection against the threat to public safety that e-scooters present.

Recommendation #15
nothing should be done to reduce or restrict the availability or use of powered mobility devices used by people with disabilities.

Recommendation #16
The Ontario Government should not permit e-scooters and then leave it to each municipality to regulate them or leave it to each municipality to decide if they want to permit e-scooters.

The Toronto Star September 9, 2019
Originally posted at https://www.thestar.com/opinion/editorials/2019/09/09/ontario-can-do-better-on-electric-scooters.html Editorial
Let’s do better on e-scooters

Love them or loathe them, there’s no denying that two-wheeled electric scooters are finding their way onto streets, cycle paths and sidewalks all over the world.

So Ontario’s plan to regulate them is welcome, and a pilot project is a good way to find out if its rules work or a different approach is needed.

But there are significant problems with the proposal the Ford government quietly posted online last week.

The first relates to speed. That’s both the 32 km/h allowable speed for e-scooters, which is too fast to be safe for riders or the people around them, and the public consultation period.

Originally, the government thought two days would be sufficient for consultation. After an uproar that was extended until Sept. 12, which is still unnecessarily hasty.

The second concern is over the length of Ontario’s pilot project – an astonishing five years.

That’s longer than the mandate of a provincial government and it’s far too long for an e-scooter trial, especially if problems arise here as they have elsewhere. The results should be reviewed after no more than a year to decide whether it should continue, be changed or be scrapped entirely.

The current proposal would limit scooters to roads, lanes and paths where bicycles are allowed and set a minimum age of 16 to ride one.

If these rules go forward, they’ll throw open the door to rental companies that operate like bike-share programs but with dockless scooters that can be left anywhere. Tourists and locals use an app to find and unlock them.

The government’s summary of its plan breezily states that “e-scooters have been launched in more than 125 cities across the United States.”

They’re in Canadian and European cities, too. But none of that has been without considerable controversy and problems.

Chicago has fined rental companies for failing to live up to the rules it set. Nashville just ended its pilot and banned e-scooters entirely.

People in Los Angeles are vandalizing them in protest. And in Paris, a group of victims of e-scooter accidents are threatening to sue the city and demanding stricter rules to deal with the “chaos and anarchy in the streets.”

Even their credentials as a particularly green form of transport are being challenged. Are they replacing car trips or healthier walking?

While the annoyance of e-scooters cluttering sidewalks and creating tripping hazards or riders breaking laws and behaving badly gets the lion’s share of the negative attention, the people at the greatest risk are users themselves. (Most don’t wear helmets and, like cyclists, they really should.) An American study found an emergency room surge in head injuries, fractures and dislocations related to scooters.

All of this is of particular concern in Toronto, which is already struggling with its Vision Zero plan to make roads safer for everyone. There’s a lot of tension on city streets and the addition of scooter rental companies catering in part to tourists unfamiliar with the city’s traffic rules and its many potholes will only add to that.

The province’s pilot project must give municipalities the flexibility they need to manage the challenges of e-scooters and come up with local solutions.
That’s the only hope of reaping the potential benefits of this new form of shared transportation.

Around the world e-scooters have grown faster than the rules to regulate them, much like ride-hailing and home-sharing services. So, yes, let’s get ahead of it for once.

But let’s not pretend we’re starting from scratch. Ontario needs to design a pilot project that learns from mistakes elsewhere rather than simply repeating them.

The Toronto Star September 10, 2019
Originally posted at https://www.thestar.com/opinion/letters_to_the_editors/2019/09/10/ontarians-with-disabilities-on-losing-end-of-e-scooter-pilot.html Letters to the Editor Ontarians with disabilities on losing end of e-scooter pilot Let’s do better on e-scooters, Editorial, Sept. 9

It’s great that your editorial demands the Ford government be more cautious before exposing Ontarians to the dangers that electric scooters pose if allowed. But you missed key problems.

The Star said “The people at the greatest risk are users themselves.” In fact, Ontarians with disabilities are among those at greatest risk. Rental e-scooters, routinely left on sidewalks in other cities where allowed, are a serious tripping hazard for blind people like me. They are a new accessibility barrier for people using wheelchairs or walkers. Silent e-scooters are also a danger to us blind people when we cross streets.

The Disabilities Act requires the government to lead Ontario to become barrier-free for Ontarians with disabilities by 2025. The Ford government is way behind on this. E-scooters would create new disability barriers.

Those injured by e-scooters aren’t just the users, but innocent pedestrians. Premier Doug Ford promised to end hallway medicine. The hours of waiting to see a doctor in emergency rooms will only get longer as they are cluttered up with e-scooters’ victims, drivers and pedestrians.

If Ontario is to pilot e-scooters, it should have safeguards like your editorial mentioned. We must go further. Ontario shouldn’t run any pilot until and unless e-scooters’ safety risks are eliminated.

Banning e-scooters from being driven on sidewalks won’t protect us. Such a ban, while needed, is extremely difficult to enforce.

Don’t burden municipalities with cleaning up this mess. Strict provincial rules must ensure our safety.

David Lepofsky, chair, Accessibility for Ontarians with Disabilities Act Alliance, Toronto

The Toronto Star September 10, 2019
Originally posted at https://www.thestar.com/news/gta/2019/09/09/toronto-committee-wants-e-scooters-barred-from-sidewalks.html City wants e-scooters off sidewalks Bird CEO argues temporary ban will make launch impossible
Francine Kopun
The Toronto Star Sept. 10, 2019

Barring e-scooters from city sidewalks, recommended by a city committee on Monday, would make it impossible to introduce the concept to Toronto, according to the CEO of Bird Canada, an e-scooter company hoping to launch here in the spring of 2020.

“If you can’t park them on the sidewalk and you can’t park them on the street, I guess we’re parking them in the air?” Stewart Lyons said.

“I don’t know where we’re parking them. They can’t fly.”

Lyons was speaking after the city’s infrastructure and environment committee passed a motion that would temporarily prevent e-scooters from occupying sidewalks – at least until city staff can come up with a better plan, expected later this year.

Lyons said being able to park e-scooters on some sidewalks is a key part of the e-scooter program.

He said it would be hard to create enough demand if the scooters can’t be made available to customers right where they live and work, arguing that docking stations, such as those used by the current Bike Share Toronto program, wouldn’t be accessible enough.

Currently, users in cities where shared e-scooter programs are in place can locate scooters near them using an app.

Mayor John Tory said he supports the motion, saying it’s meant to preserve the status quo, so Toronto doesn’t have an uncontrolled and undisciplined entry of e-scooters into the market.

Tory said he is concerned about the safety of scooter use and clutter they may create, adding Toronto has many narrow sidewalks and the city must be careful with regulations controlling their use.

The mayor said he has seen scooters littering sidewalks in Austin, Texas, and has asked mayors from other cities about their experiences with the dockless devices.

“They described it all the way from successful to others who would describe it … as a gong show,” Tory said. “We don’t want any gong shows in Toronto, we don’t want people to have their safety imperiled on sidewalks or elsewhere and we don’t want the city to become cluttered.”

Tory said he personally doesn’t think e-scooters should be allowed to be driven on sidewalks, or left helter-skelter there, but he’ll wait to see what city staff propose.

The fact that e-scooters from companies such as Bird and rival firm Lime have no docking stations has led to problems in some cities, with scooters being littered across sidewalks, thrown into bushes and even into bodies of water.

Lyons said that was a problem in the early days of the program, but it’s mostly been resolved. He said the scooters were being left around because the company was hiring workers on contract who were ditching them instead of relocating them in order to save time.

These days, the company uses a more secure method to collect, charge and redistribute the scooters. The program is active in Edmonton and Calgary and is set to launch in Montreal in a couple of weeks, Lyons said.

“The good thing about Canada starting a little bit later is we have now the lessons learned and now we want to be better …. operators,” Lyons said.

The province intends to release regulations soon concerning the use of e-scooters on roads. But it’s up to the city to police sidewalks.

Committee member Mike Layton (Ward 11, University-Rosedale) said the ban on sidewalk use by e-scooters, if council adopts it, would be temporary, until city staff can come up with a more detailed plan.

He said the committee is already thinking of ways to refine it, but they wanted to get out in front of the issue quickly.

“We wanted to make sure that the city’s regulatory regime is out front before one of these companies tried to come into a municipality and impose a system,” said Layton, who supports the idea of docking stations for e-scooters.

The province is looking at a five-year pilot program that would allow e-scooters to be operated in the same places bicycles can operate. It’s looking for feedback by Sept. 12 on the proposal.

The proposed rules would set a minimum age for drivers at 16 and a maximum speed of 32 km/h.

E-scooters, which have been adopted in numerous cities in North America and Europe, are being pitched as a solution to gridlock in big cities and an environmentally friendly mode of transportation, but have proven controversial.

Nashville banned them entirely after a pilot project. In Los Angeles, people are vandalizing them in protest.

The problem is they clutter sidewalks when not in use, presenting obstacles for pedestrians, people pushing strollers and anyone with a visual or mobility impairment.

One U.S. study traced a surge in head injuries, fractures and dislocations treated in emergency rooms to scooter use. And researchers at North Carolina State University found that scooter travel produces more greenhouse gas emissions per kilometre than travelling by foot, bicycle or public transit.

Bird Canada is offering free trials of its scooters in the Distillery District until Sunday.

It expects to charges $1.15 to unlock its scooters and 35 cents a minute to ride them when it introduces the service next spring.

“Hopefully some cooler heads prevail between now and council,” Lyons said.

CBC Radio Ottawa September 11, 2019
Originally posted at https://www.cbc.ca/news/canada/ottawa/e-scooters-disabilities-ontario-feedback-pilot-project-1.5278879 Ottawa Scrap Ontario e-scooter pilot, disability advocate urges

Province seeking feedback ahead of proposed 5-year pilot project

The Ontario government is considering a five-year pilot project that would allow e-scooters on the province’s roads, but disability advocates have major concerns with the plan. (Mike

A group that advocates for the rights of disabled Ontarians is urging the province to hit the brakes on a proposed five-year e-scooter pilot project before it begins.

The province has been seeking public feedback on their plan to allow electric scooters on the same roads where bicycles can operate, save for provincial highways.

Ontario plans to launch 5-year pilot project that allows e-scooters on roads Why an image problem is slowing e-scooter rollout in Canada

Under the proposed pilot, drivers would have to be at least 16 years old and could not have passengers. The e-scooters could not exceed a maximum operating speed of 32 km/h.

Even with those limitations, allowing e-scooters on the roads will make it harder for people with disabilities to get around, and could lead to more injuries, said David Lepofsky, the chair of the Accessibility for Ontarians with Disabilities Act Alliance.

“We’ve got lots of proof that these pose a lot of problems,” Lepofsky told CBC Radio’s Ottawa Morning. “We don’t need to experiment on Ontarians.”

‘An instant barrier’

Many e-scooter rental services around the world allow users to sign out the devices using an app and then once they’re done with them simply leave them behind on a sidewalk or other public space.

While Lepofsky’s group has asked the Ontario government to kill its pilot project entirely, it has also come up with 12 draft recommendations should the experiment ultimately go ahead.

They include cutting the maximum speed limit by as much as half, requiring drivers to be licensed and levying strict penalties if the scooters are dumped on sidewalks though Lepofsky admits that last recommendation could be hard to enforce.

Something can be barrelling at me at 32 kilometres an hour … and I can’t know they’re coming.

“You’re walking down the street, you’re blind, and all of the sudden there’s an instant barrier, a tripping hazard in your path,” said Lepofsky, who’s been blind most of his life.

“Five minutes later it could be gone … how do you prove your case? We don’t have police on every corner just waiting to enforce [that restriction].”

Then, there’s the fact the scooters are largely silent: Lepofsky also wants the e-scooters, if they’re allowed, to emit beeping noises that warn others of their approach.

“Something can be barrelling at me at 32 km/h, ridden at me by an unlicensed and uninsured driver,” Lepofsky said. “And I can’t know they’re coming.”

David Lepofsky, a law professor and chair of the Accessibility for Ontarians with Disabilities Act Alliance, says the province should rethink its plans for a five-year e-scooter pilot project. (Tina Mackenzie/CBC)

Safety ‘key consideration’

Lepofsky also questioned the need for a five-year study that would be rolled out from one end of Ontario to the other.

“If you want to see if it’s safe on our roads, you do it for a much [narrower] piece of territory, not the entire province of Ontario, and for a much shorter period six months or something like that is what we’d propose,” he said.

San Francisco-based Lime has already been lobbying Ottawa city councillors, claiming its dockless e-scooters would be an ideal fit with the city’s stated transportation goals.

The company recently wrapped up a trial rollout at the University of Waterloo, with competitor Bird Canada slated to launch a similar project this month in Toronto’s Distillery District.

E-scooter pilot project to launch in Toronto, but major hurdles remain Lime e-scooter pilot project to end in Waterloo

Ontario’s Ministry of Transportation declined an interview with CBC News, but said in a statement that all feedback heard during the consultation process “will be taken into consideration before any final decisions on the pilot take place.”

“Ensuring that new vehicle types can integrate safely with pedestrians and other vehicles is a key consideration before any new vehicle type will be allowed on-road,” the statement said.

The public consultation period wraps up Sept. 12.

With files from The Canadian Press and CBC Radio’s Ottawa Morning

The Toronto Star September 12, 2019
Letters to the editor
E-scooters have no place in current infrastructure
City wants e-scooters off sidewalks, Sept. 10

Toronto is in the throes of a traffic crisis. Deaths and injuries are occurring daily.

To this we plan to add e-scooters, which can travel at 32 kph, into the already-congested bike lanes, to be ultimately discarded on our sidewalks?

Surely wisdom dictates that adding another form of transportation into this chaos is not a move to be contemplated until our city figures out a way to make commuters safe within our present infrastructure. E-scooters? Eek!

Judith Butler, Toronto

The Globe and Mail September 9, 2019
Originally posted at https://www.theglobeandmail.com/business/article-advocates-say-new-canadian-air-travel-rules-present-greater-barriers/ Report on Business Advocates of accessible air travel say new rules raise barriers to mobility By CHRISTOPHER REYNOLDS
THE CANADIAN PRESS
MONTREAL – Tracy Odell recalls with a mix of pride and pain the sunny spring day two years ago that her daughter got married in California.

Pride in the milestone. Pain at having to miss it.

Airlines, she said, effectively failed to accommodate her disability, a problem that thousands of Canadians continue to face despite new rules designed in theory to open the skies to disabled travellers.

As seating space shrank and cargo doors were often too small for customized wheelchairs, Ms.Odell cut back on the flights she once took routinely for her work with a non-profit.

“My wheelchair is part of me,” said Ms. Odell, 61, who was born with spinal muscular atrophy, a genetic condition that gradually prevents forming and keeping the muscles needed to walk, balance, eat and even breathe. “I’m helpless without it.”

“It’s like if someone says, I’m sorry, you can travel but we have to unscrew your legs,’ ” said Ms.Odell, who last took an airplane in 2009.

Her $18,000 mobility device is not allowed in the aircraft cabin, nor can it fit through some cargo doors without being tipped on its side, risking damage. As a result, her husband opted to stay by her side and miss their daughter’s San Jose wedding, too.

Ms. Odell, president of Citizens with Disabilities Ontario, is one of a number of advocates who say new rules ostensibly designed to make air travel more accessible fail to go far enough – and, in some cases, mark a step backward.

“It’s called second-class citizenry. I’ve felt it all my life,” said Marcia Yale, a lifelong advocate for blind Canadians.

The regulations, rolled out in June under a revised Canada Transportation Act – with most slated to take effect in June, 2020 – do little to improve spotty airport service or accommodate attendants and service dogs on international flights, she said.

“These are going backwards,” Ms. Yale said, citing carriers’ legal duty to accommodate. “We wanted pro-active regulations that were going to raise the bar. And in some ways, they’ve lowered it.”

The new rules require travellers to notify airlines anywhere from 48 to 96 hours in advance to receive certain accommodations, such as being guided through security or receiving help transferring from a wheelchair to a smaller, cabin-compatible mobility device. There are currently no rules requiring notification that can jeopardize last-minute travel for work or emergencies.

Many passenger planes’ cargo doors are about 79 centimetres in height – a little more than 2 1/2 – slightly smaller than a typical power wheelchair for youth, said Terry Green, chairman of the Council of Canadians with Disabilities’ transportation committee.

“These aircraft are totally restricting adults who use large mobility devices from travelling,” he said, saying many wheelchairs cannot fit into cargo at all.

The Canadian Transportation Agency (CTA) says it will be “monitoring … very closely” a U.S. Federal Aviation Administration study on wheelchair anchor systems, with an eye to allowing passengers to remain seated in the cabin in their mobility devices. A report is expected in the next three years.

David Lepofsky, an adjunct law professor at the University of Toronto, is reminded of the challenges facing disabled passengers by the case of a couple abandoned in their wheelchairs for 12 hours after being dropped at a service counter in the Vancouver airport en route to Edmonton from their home in Nepal earlier this year.

He can relate.

“There are times it takes me longer to get out of the airport than it took to fly here,” said Prof. Lepofsky, who is blind and travels frequently for lectures.

Prof. Lepofsky says he’ll often ask a passerby to guide him to the gate rather than go through the stop-and-go relay he’s experienced with airport and airline agents.

The Canadian Transportation Agency’s stated goals, variously defined as “equal access” and “more accessible” service, conflict with each other, leaving levels of accommodation unclear, Prof. Lepofsky said.

The rules require an airport to provide a disabled passenger with curb-to-gate assistance, except “if the transportation provider is providing that service.”

“It’s good that they spell out what has to be provided; it’s bad that there are so many escape clauses,” Prof. Lepofsky said.

He added that the confusion may be more tolerable if airports were required to install way-finding beacons – which connect with an app on a user’s smartphone via Bluetooth to offer verbal directions (Toronto’s Pearson airport recently added the devices) – or kiosks with audio output, an omission he deemed “inexcusable.”

The new rules come alongside a passenger bill of rights that beefs up compensation for travellers subjected to delayed flights and damaged luggage.

Consumer- rights advocates have said the regulations grant airlines loopholes to avoid payment, while Canadian carriers have launched a legal challenge to quash provisions they argue breach international standards.

Meanwhile, the new accessibility regulations require free travel for an attendant or guide dog in an adjacent seat only on domestic flights, with taxes and fees still applicable. A second phase of the regulatory process, now under way, will consider extending the one-person-one-fare requirement to international flights, according to the CTA.




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Tell the Ford Government if You Support the AODA Alliance’s Brief and Recommendations on the Government’s Proposal to Hold a 5-Year Pilot Project to Allow Electric Scooters in Ontario – and – Lots More Media Coverage of Our Issues Over the Past Two Weeks


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

Tell the Ford Government if You Support the AODA Alliance’s Brief and Recommendations on the Government’s Proposal to Hold a 5-Year Pilot Project to Allow Electric Scooters in Ontario – and – Lots More Media Coverage of Our Issues Over the Past Two Weeks

September 13, 2019

SUMMARY

1. Please Tell the Ford Government If you Support the AODA Alliance’s Brief on the Proposal to Hold a 5-Year Pilot Project Allowing E-scooters in Ontario

Please email the Doug Ford Government as soon as you can to support the AODA Alliance’s September 12, 2019 brief on the Government’s proposal to permit the use of electric scooters on Ontario roads and bike paths for the next 5 years as a pilot project. Even though the Government’s incredibly-rushed 2.5 week public consultation on this proposal ended yesterday, nothing stops you from now writing the Government. Send your email to: [email protected]

It’s best when you use your own words in your email. If you are in a rush, you can simply say:

I support the September 12, 2019 brief to the Ontario Government on its proposal to allow e-scooters in Ontario for a 5-year pilot project.

Feel free to copy us on your email to the Government if you wish. Our email address is [email protected]

You can write the Government as an individual. We are also eager for any community organizations to write the Government to support our brief as an organization.

In summary, the AODA Alliance brief calls for the Government not to allow e-scooters in Ontario. It urges the Government to withdraw its proposal to hold an excessive 5-year pilot that would allow anyone age 16 and up to ride e-scooters on Ontario roads and bike paths, even if they and the e-scooter have no training, are uninsured and have no license.

E-scooters racing at up to 32 KPH will create serious new public safety and disability accessibility problems. Either riding or leaving an e-scooter on a sidewalk should be banned. An e-scooter left on a sidewalk should be immediately forfeited and confiscated.

If, despite this, e-scooters are allowed at all, e-scooter rentals, like those dominating in some US cities, should not be permitted. An e-scooter and its driver should be required to have a license and insurance. Virtually silent e-scooters should be required to audibly beep when in use, to warn pedestrians, including those who are blind, that they are racing towards them.

The AODA Alliance opposes the idea of the Province first permitting e-scooters and then leaving it to municipalities to regulate them. Ontarians with disabilities and others who do not welcome a risk to their safety should not have to fight separate battles, in one city after the next. Each municipality should not be burdened to clean up the mess that the Province is proposing to create.

If, despite these serious concerns, the Government wishes to proceed with a pilot, it should be for 6 months, not 5 years. It should be restricted to a small part of Ontario. The residents of an area selected for such a pilot should have to first consent to the pilot taking place there.

To make it easier for you, below we set out the 16 recommendations in our brief. You can read the entire AODA Alliance September 12, 2019 brief on this topic by visiting https://www.aodaalliance.org/whats-new/aoda-alliance-files-a-brief-with-ontarios-doug-ford-government-urging-that-ontario-should-not-allow-e-scooters-should-withdraw-its-proposal-for-a-5-year-e-scooter-pilot-project-or-if-allowed-sh/

We again thank the people who took the time to send us their feedback on our earlier draft of this brief. Their input helped us as we turned that draft into the finished product that we made public yesterday. We are encouraged by the strong support for our concerns that has been voiced.

2. Yet More Great Media Coverage of Our Issues Over the Past Two Weeks

To supplement the recent coverage of the disability concerns regarding the Ford Government’s proposal to allow e-scooters in Ontario for a 5-year pilot that has been reported in the Toronto Star, the Globe and Mail, City TV news and several CBC radio programs, our accessibility issues have kept getting great media coverage. We set out a sampling below. We also include an item that concerns weak action by the Federal Government on the eve of the current federal election in its early days to implement the brand-new Accessible Canada Act.

  1. The September 9, 2019 Toronto Star included a good editorial that raised a number of concerns that we had earlier raised with the Ford Government’s proposal to allow e-scooters in Ontario. We applaud this editorial, even though the Star did not refer to the specific disability concerns that we had raised and did not mention the AODA Alliance.
  1. The September 10, 2019 Toronto Star included a letter to the editor from AODA Alliance Chair David Lepofsky. It pointed out the additional disability concerns with the Ford Government’s e-scooter proposal that the Star’s September 9, 2019 editorial did not mention.
  1. The Toronto Star’s September 10, 2019 edition also included an article on concerns with e-scooters that were raised at a meeting of a Toronto City council Committee. We were not involved in that committee’s meeting. That article reported on Toronto Mayor John Tory’s commendable reluctance to allow e-scooters in Toronto.
  1. On September 11, 2019, CBC Radio’s Ottawa Morning program included an interview with AODA Alliance Chair David Lepofsky on the e-scooters issue. CBC posted an online news report on that issue, based on that interview. That interview supplements the interviews on the same issue that all seven other CBC local morning programs aired one week earlier, on September 4, 2019, with AODA Alliance Chair David Lepofsky.
  1. The September 12, 2019 Toronto Star included another letter to the editor on the e-scooters issue. It voiced strong opposition to allowing e-scooters in Ontario. It did not refer to disability-specific concerns with e-scooters.
  1. The September 9, 2019 edition of the Globe and Mail included an article by the Canadian Press that a number of other media outlets also posted on their websites. It focuses on a number of concerns with new regulations enacted by the Canadian Transportation Agency to address disability accessibility needs in federally-regulated transportation, such as air travel. That article quoted a number of sources from the disability community, including the AODA Alliance. Its quotes of AODA Alliance Chair David Lepofsky are to some extent inaccurate.

The regulation addressed in this article is the first such regulation enacted in this area since Parliament passed the Accessible Canada Act last June. The problems with that regulation exemplify the serious concerns we raised over the past year at the House of Commons and Senate with the Accessible Canada Act leaving the Canadian Transportation Agency with responsibility for creating regulations in the area of accessible transportation. Regulations seem to cater far more to the resistance of airlines and other federally-regulated transportation providers, and too little to the needs of passengers with disabilities.

3. The Ford Government’s Dithering on the Onley Report Continues

There have been 226 days, or over seven months, since the Ford Government received the final report of the Independent Review of the implementation of Ontario’s accessibility law, the Accessibility for Ontarians with Disabilities Act, conducted by former Lieutenant Governor David Onley. The Ford Government has not announced any plan of action to implement the Onley report.

The Onley report showed that Ontario remains full of “soul-crushing” barriers against over 2 million Ontarians with disabilities, and that Ontario Government action to redress these has been inadequate.

          MORE DETAILS

List of the 16 Recommendations in the AODA Alliance’s September 12, 2019 Brief to the Ontario Government Regarding E-scooters

Recommendation #1

There should be no pilot project allowing e-scooters to be driven in public places in Ontario.

Recommendation #2

The Government should withdraw this e-scooter public consultation and go back to the drawing board. If it is not prepared to withdraw this public consultation on e-scooters, the Ontario Government should at least extend the consultation period to October 31, 2019.

Recommendation #3

The rental of e-scooters should be strictly forbidden, even if private ownership of an e-scooter by a user of that e-scooter were to be permitted.

Recommendation #4

There should be a strict ban on leaving an e-scooter in a public sidewalk or like location. If an e-scooter is left in such a place, it should be subject to immediate confiscation and forfeiture, as well as a strict penalty.

Recommendation #5

If e-scooters are to be permitted in Ontario, they should be required to make an ongoing beeping sound when they are powered on, to warn others of their approach.

Recommendation #6

The speed limit for e-scooters should initially be set much lower than 32 KPH, such as 15 or 20 KPH, until a strong showing can be made that a higher speed limit poses no safety threat to the public.

 

Recommendation #7

A person wishing to drive an e-scooter should be required to first take required training on its safe operation and on the rules of the road, and then to obtain a license.

Recommendation #8

Each e-scooter should be required to be licensed and to display a readily-seen license plate number.

Recommendation #9

The owner and driver of an e-scooter should be required to carry sufficient liability insurance for injuries or other damages that the e-scooter causes to others.

Recommendation #10

All e-scooter drivers, regardless of their age, should be required to wear a helmet whenever operating an e-scooter.

Recommendation #11

No e-scooter pilot project should be held in Ontario until the Ontario Government effectively studies the impact on public safety of e-scooters in jurisdictions that have allowed them, and on options for regulatory controls of them, and has made the details of these public. A pilot project should only be held in Ontario if public safety can be fully and effectively protected.

Recommendation #12

If Ontario is to hold an e-scooter pilot project, it should only take place for a period much shorter than five years, e.g. six months, and should only take place in a specific community that has consented to permit that pilot project there.

Recommendation #13

If Ontario is to hold an e-scooter pilot project, the Ontario Government should retain a trusted independent organization with expertise in public safety to study the impact of e-scooters during that pilot project, and to make the full results of that study public.

Recommendation #14

The Government should not treat a ban on riding e-scooters on the sidewalk, while necessary, as a sufficient protection against the threat to public safety that e-scooters present.

Recommendation #15

nothing should be done to reduce or restrict the availability or use of powered mobility devices used by people with disabilities.

Recommendation #16

The Ontario Government should not permit e-scooters and then leave it to each municipality to regulate them or leave it to each municipality to decide if they want to permit e-scooters.

The Toronto Star September 9, 2019

Originally posted at https://www.thestar.com/opinion/editorials/2019/09/09/ontario-can-do-better-on-electric-scooters.html

Editorial

Let’s do better on e-scooters

Love them or loathe them, there’s no denying that two-wheeled electric scooters are finding their way onto streets, cycle paths and sidewalks all over the world.

So Ontario’s plan to regulate them is welcome, and a pilot project is a good way to find out if its rules work or a different approach is needed.

But there are significant problems with the proposal the Ford government quietly posted online last week.

The first relates to speed. That’s both the 32 km/h allowable speed for e-scooters, which is too fast to be safe for riders or the people around them, and the public consultation period.

Originally, the government thought two days would be sufficient for consultation. After an uproar that was extended until Sept. 12, which is still unnecessarily hasty.

The second concern is over the length of Ontario’s pilot project – an astonishing five years.

That’s longer than the mandate of a provincial government and it’s far too long for an e-scooter trial, especially if problems arise here as they have elsewhere. The results should be reviewed after no more than a year to decide whether it should continue, be changed or be scrapped entirely.

The current proposal would limit scooters to roads, lanes and paths where bicycles are allowed and set a minimum age of 16 to ride one.

If these rules go forward, they’ll throw open the door to rental companies that operate like bike-share programs but with dockless scooters that can be left anywhere. Tourists and locals use an app to find and unlock them.

The government’s summary of its plan breezily states that “e-scooters have been launched in more than 125 cities across the United States.”

They’re in Canadian and European cities, too. But none of that has been without considerable controversy and problems.

Chicago has fined rental companies for failing to live up to the rules it set. Nashville just ended its pilot and banned e-scooters entirely.

People in Los Angeles are vandalizing them in protest. And in Paris, a group of victims of e-scooter accidents are threatening to sue the city and demanding stricter rules to deal with the “chaos and anarchy in the streets.”

Even their credentials as a particularly green form of transport are being challenged. Are they replacing car trips or healthier walking?

While the annoyance of e-scooters cluttering sidewalks and creating tripping hazards or riders breaking laws and behaving badly gets the lion’s share of the negative attention, the people at the greatest risk are users themselves. (Most don’t wear helmets and, like cyclists, they really should.) An American study found an emergency room surge in head injuries, fractures and dislocations related to scooters.

All of this is of particular concern in Toronto, which is already struggling with its Vision Zero plan to make roads safer for everyone. There’s a lot of tension on city streets and the addition of scooter rental companies catering in part to tourists unfamiliar with the city’s traffic rules and its many potholes will only add to that.

The province’s pilot project must give municipalities the flexibility they need to manage the challenges of e-scooters and come up with local solutions.

That’s the only hope of reaping the potential benefits of this new form of shared transportation.

Around the world e-scooters have grown faster than the rules to regulate them, much like ride-hailing and home-sharing services. So, yes, let’s get ahead of it for once.

But let’s not pretend we’re starting from scratch. Ontario needs to design a pilot project that learns from mistakes elsewhere rather than simply repeating them.

The Toronto Star September 10, 2019

Originally posted at https://www.thestar.com/opinion/letters_to_the_editors/2019/09/10/ontarians-with-disabilities-on-losing-end-of-e-scooter-pilot.html

Letters to the Editor

Ontarians with disabilities on losing end of e-scooter pilot

Let’s do better on e-scooters, Editorial, Sept. 9

It’s great that your editorial demands the Ford government be more cautious before exposing Ontarians to the dangers that electric scooters pose if allowed.

But you missed key problems.

The Star said “The people at the greatest risk are users themselves.” In fact, Ontarians with disabilities are among those at greatest risk. Rental e-scooters, routinely left on sidewalks in other cities where allowed, are a serious tripping hazard for blind people like me. They are a new accessibility barrier for people using wheelchairs or walkers. Silent e-scooters are also a danger to us blind people when we cross streets.

The Disabilities Act requires the government to lead Ontario to become barrier-free for Ontarians with disabilities by 2025. The Ford government is way behind on this. E-scooters would create new disability barriers.

Those injured by e-scooters aren’t just the users, but innocent pedestrians. Premier Doug Ford promised to end hallway medicine. The hours of waiting to see a doctor in emergency rooms will only get longer as they are cluttered up with e-scooters’ victims, drivers and pedestrians.

If Ontario is to pilot e-scooters, it should have safeguards like your editorial mentioned. We must go further. Ontario shouldn’t run any pilot until and

unless e-scooters’ safety risks are eliminated.

Banning e-scooters from being driven on sidewalks won’t protect us. Such a ban, while needed, is extremely difficult to enforce.

Don’t burden municipalities with cleaning up this mess. Strict provincial rules must ensure our safety.

David Lepofsky, chair, Accessibility for Ontarians with Disabilities Act Alliance, Toronto

The Toronto Star September 10, 2019

Originally posted at https://www.thestar.com/news/gta/2019/09/09/toronto-committee-wants-e-scooters-barred-from-sidewalks.html

City wants e-scooters off sidewalks

Bird CEO argues temporary ban will make launch impossible

Francine Kopun

The Toronto Star Sept. 10, 2019

Barring e-scooters from city sidewalks, recommended by a city committee on Monday, would make it impossible to introduce the concept to Toronto, according to the CEO of Bird Canada, an e-scooter company hoping to launch here in the spring of 2020.

“If you can’t park them on the sidewalk and you can’t park them on the street, I guess we’re parking them in the air?” Stewart Lyons said.

“I don’t know where we’re parking them. They can’t fly.”

Lyons was speaking after the city’s infrastructure and environment committee passed a motion that would temporarily prevent e-scooters from occupying sidewalks – at least until city staff can come up with a better plan, expected later this year.

Lyons said being able to park e-scooters on some sidewalks is a key part of the e-scooter program.

He said it would be hard to create enough demand if the scooters can’t be made available to customers right where they live and work, arguing that docking stations, such as those used by the current Bike Share Toronto program, wouldn’t be accessible enough.

Currently, users in cities where shared e-scooter programs are in place can locate scooters near them using an app.

Mayor John Tory said he supports the motion, saying it’s meant to preserve the status quo, so Toronto doesn’t have an uncontrolled and undisciplined entry of e-scooters into the market.

Tory said he is concerned about the safety of scooter use and clutter they may create, adding Toronto has many narrow sidewalks and the city must be careful with regulations controlling their use.

The mayor said he has seen scooters littering sidewalks in Austin, Texas, and has asked mayors from other cities about their experiences with the dockless devices.

“They described it all the way from successful to others who would describe it … as a gong show,” Tory said. “We don’t want any gong shows in Toronto, we don’t want people to have their safety imperiled on sidewalks or elsewhere and we don’t want the city to become cluttered.”

Tory said he personally doesn’t think e-scooters should be allowed to be driven on sidewalks, or left helter-skelter there, but he’ll wait to see what city staff propose.

The fact that e-scooters from companies such as Bird and rival firm Lime have no docking stations has led to problems in some cities, with scooters being littered across sidewalks, thrown into bushes and even into bodies of water.

Lyons said that was a problem in the early days of the program, but it’s mostly been resolved. He said the scooters were being left around because the company was hiring workers on contract who were ditching them instead of relocating them in order to save time.

These days, the company uses a more secure method to collect, charge and redistribute the scooters. The program is active in Edmonton and Calgary and is set to launch in Montreal in a couple of weeks, Lyons said.

“The good thing about Canada starting a little bit later is we have now the lessons learned and now we want to be better …. operators,” Lyons said.

The province intends to release regulations soon concerning the use of e-scooters on roads. But it’s up to the city to police sidewalks.

Committee member Mike Layton (Ward 11, University-Rosedale) said the ban on sidewalk use by e-scooters, if council adopts it, would be temporary, until city staff can come up with a more detailed plan.

He said the committee is already thinking of ways to refine it, but they wanted to get out in front of the issue quickly.

“We wanted to make sure that the city’s regulatory regime is out front before one of these companies tried to come into a municipality and impose a system,” said Layton, who supports the idea of docking stations for e-scooters.

The province is looking at a five-year pilot program that would allow e-scooters to be operated in the same places bicycles can operate. It’s looking for feedback by Sept. 12 on the proposal.

The proposed rules would set a minimum age for drivers at 16 and a maximum speed of 32 km/h.

E-scooters, which have been adopted in numerous cities in North America and Europe, are being pitched as a solution to gridlock in big cities and an environmentally friendly mode of transportation, but have proven controversial.

Nashville banned them entirely after a pilot project. In Los Angeles, people are vandalizing them in protest.

The problem is they clutter sidewalks when not in use, presenting obstacles for pedestrians, people pushing strollers and anyone with a visual or mobility impairment.

One U.S. study traced a surge in head injuries, fractures and dislocations treated in emergency rooms to scooter use. And researchers at North Carolina State University found that scooter travel produces more greenhouse gas emissions per kilometre than travelling by foot, bicycle or public transit.

Bird Canada is offering free trials of its scooters in the Distillery District until Sunday.

It expects to charges $1.15 to unlock its scooters and 35 cents a minute to ride them when it introduces the service next spring.

“Hopefully some cooler heads prevail between now and council,” Lyons said.

CBC Radio Ottawa September 11, 2019

Originally posted at https://www.cbc.ca/news/canada/ottawa/e-scooters-disabilities-ontario-feedback-pilot-project-1.5278879

Ottawa

Scrap Ontario e-scooter pilot, disability advocate urges

Province seeking feedback ahead of proposed 5-year pilot project

The Ontario government is considering a five-year pilot project that would allow e-scooters on the province’s roads, but disability advocates have major concerns with the plan. (Mike

A group that advocates for the rights of disabled Ontarians is urging the province to hit the brakes on a proposed five-year e-scooter pilot project before it begins.

The province has been seeking public feedback on their plan to allow electric scooters on the same roads where bicycles can operate, save for provincial highways.

  • Ontario plans to launch 5-year pilot project that allows e-scooters on roads
  • Why an image problem is slowing e-scooter rollout in Canada

Under the proposed pilot, drivers would have to be at least 16 years old and could not have passengers. The e-scooters could not exceed a maximum operating speed of 32 km/h.

Even with those limitations, allowing e-scooters on the roads will make it harder for people with disabilities to get around, and could lead to more injuries, said David Lepofsky, the chair of the Accessibility for Ontarians with Disabilities Act Alliance.

“We’ve got lots of proof that these pose a lot of problems,” Lepofsky told CBC Radio’s Ottawa Morning. “We don’t need to experiment on Ontarians.”

‘An instant barrier’

Many e-scooter rental services around the world allow users to sign out the devices using an app and then — once they’re done with them — simply leave them behind on a sidewalk or other public space.

While Lepofsky’s group has asked the Ontario government to kill its pilot project entirely, it has also come up with 12 draft recommendations should the experiment ultimately go ahead.

They include cutting the maximum speed limit by as much as half, requiring drivers to be licensed and levying strict penalties if the scooters are dumped on sidewalks — though Lepofsky admits that last recommendation could be hard to enforce.

Something can be barrelling at me at 32 kilometres an hour … and I can’t know they’re coming.

“You’re walking down the street, you’re blind, and all of the sudden there’s an instant barrier, a tripping hazard in your path,” said Lepofsky, who’s been blind most of his life.

“Five minutes later it could be gone … how do you prove your case? We don’t have police on every corner just waiting to enforce [that restriction].”

Then, there’s the fact the scooters are largely silent: Lepofsky also wants the e-scooters, if they’re allowed, to emit beeping noises that warn others of their approach.

“Something can be barrelling at me at 32 km/h, ridden at me by an unlicensed and uninsured driver,” Lepofsky said. “And I can’t know they’re coming.”

David Lepofsky, a law professor and chair of the Accessibility for Ontarians with Disabilities Act Alliance, says the province should rethink its plans for a five-year e-scooter pilot project. (Tina Mackenzie/CBC)

Safety ‘key consideration’

Lepofsky also questioned the need for a five-year study that would be rolled out from one end of Ontario to the other.

“If you want to see if it’s safe on our roads, you do it for a much [narrower] piece of territory, not the entire province of Ontario, and for a much shorter period — six months or something like that is what we’d propose,” he said.

San Francisco-based Lime has already been lobbying Ottawa city councillors, claiming its dockless e-scooters would be an ideal fit with the city’s stated transportation goals.

The company recently wrapped up a trial rollout at the University of Waterloo, with competitor Bird Canada slated to launch a similar project this month in Toronto’s Distillery District.

  • E-scooter pilot project to launch in Toronto, but major hurdles remain
  • Lime e-scooter pilot project to end in Waterloo

Ontario’s Ministry of Transportation declined an interview with CBC News, but said in a statement that all feedback heard during the consultation process “will be taken into consideration before any final decisions on the pilot take place.”

“Ensuring that new vehicle types can integrate safely with pedestrians and other vehicles is a key consideration before any new vehicle type will be allowed on-road,” the statement said.

The public consultation period wraps up Sept. 12.

With files from The Canadian Press and CBC Radio’s Ottawa Morning

The Toronto Star September 12, 2019

Letters to the editor

E-scooters have no place in current infrastructure

City wants e-scooters off sidewalks, Sept. 10

Toronto is in the throes of a traffic crisis. Deaths and injuries are occurring daily.

To this we plan to add e-scooters, which can travel at 32 kph, into the already-congested bike lanes, to be ultimately discarded on our sidewalks?

Surely wisdom dictates that adding another form of transportation into this chaos is not a move to be contemplated until our city figures out a way to make commuters safe within our present infrastructure. E-scooters? Eek!

Judith Butler, Toronto

The Globe and Mail September 9, 2019

Originally posted at https://www.theglobeandmail.com/business/article-advocates-say-new-canadian-air-travel-rules-present-greater-barriers/

Report on Business

Advocates of accessible air travel say new rules raise barriers to mobility

By CHRISTOPHER REYNOLDS

THE CANADIAN PRESS

MONTREAL – Tracy Odell recalls with a mix of pride and pain the sunny spring day two years ago that her daughter got married in California.

Pride in the milestone. Pain at having to miss it.

Airlines, she said, effectively failed to accommodate her disability, a problem that thousands of Canadians continue to face despite new rules designed in theory to open the skies to disabled travellers.

As seating space shrank and cargo doors were often too small for customized wheelchairs, Ms.Odell cut back on the flights she once took routinely for her work with a non-profit.

“My wheelchair is part of me,” said Ms. Odell, 61, who was born with spinal muscular atrophy, a genetic condition that gradually prevents forming and keeping the muscles needed to walk, balance, eat and even breathe. “I’m helpless without it.”

“It’s like if someone says, ‘I’m sorry, you can travel but we have to unscrew your legs,’ ” said Ms.Odell, who last took an airplane in 2009.

Her $18,000 mobility device is not allowed in the aircraft cabin, nor can it fit through some cargo doors without being tipped on its side, risking damage. As a result, her husband opted to stay by her side and miss their daughter’s San Jose wedding, too.

Ms. Odell, president of Citizens with Disabilities Ontario, is one of a number of advocates who say new rules ostensibly designed to make air travel more accessible fail to go far enough – and, in some cases, mark a step backward.

“It’s called second-class citizenry. I’ve felt it all my life,” said Marcia Yale, a lifelong advocate for blind Canadians.

The regulations, rolled out in June under a revised Canada Transportation Act – with most slated to take effect in June, 2020 – do little to improve spotty airport service or accommodate attendants and service dogs on international flights, she said.

“These are going backwards,” Ms. Yale said, citing carriers’ legal duty to accommodate. “We wanted pro-active regulations that were going to raise the bar. And in some ways, they’ve lowered it.”

The new rules require travellers to notify airlines anywhere from 48 to 96 hours in advance to receive certain accommodations, such as being guided through security or receiving help transferring from a wheelchair to a smaller, cabin-compatible mobility device. There are currently no rules requiring notification that can jeopardize last-minute travel for work or emergencies.

Many passenger planes’ cargo doors are about 79 centimetres in height – a little more than 2 1/2 – slightly smaller than a typical power wheelchair for youth, said Terry Green, chairman of the Council of Canadians with Disabilities’ transportation committee.

“These aircraft are totally restricting adults who use large mobility devices from travelling,” he said, saying many wheelchairs cannot fit into cargo at all.

The Canadian Transportation Agency (CTA) says it will be “monitoring … very closely” a U.S. Federal Aviation Administration study on wheelchair anchor systems, with an eye to allowing passengers to remain seated in the cabin in their mobility devices. A report is expected in the next three years.

David Lepofsky, an adjunct law professor at the University of Toronto, is reminded of the challenges facing disabled passengers by the case of a couple abandoned in their wheelchairs for 12 hours after being dropped at a service counter in the Vancouver airport en route to Edmonton from their home in Nepal earlier this year.

He can relate.

“There are times it takes me longer to get out of the airport than it took to fly here,” said Prof. Lepofsky, who is blind and travels frequently for lectures.

Prof. Lepofsky says he’ll often ask a passerby to guide him to the gate rather than go through the stop-and-go relay he’s experienced with airport and airline agents.

The Canadian Transportation Agency’s stated goals, variously defined as “equal access” and “more accessible” service, conflict with each other, leaving levels of accommodation unclear, Prof. Lepofsky said.

The rules require an airport to provide a disabled passenger with curb-to-gate assistance, except “if the transportation provider is providing that service.”

“It’s good that they spell out what has to be provided; it’s bad that there are so many escape clauses,” Prof. Lepofsky said.

He added that the confusion may be more tolerable if airports were required to install way-finding beacons – which connect with an app on a user’s smartphone via Bluetooth to offer verbal directions (Toronto’s Pearson airport recently added the devices) – or kiosks with audio output, an omission he deemed “inexcusable.”

The new rules come alongside a passenger bill of rights that beefs up compensation for travellers subjected to delayed flights and damaged luggage.

Consumer- rights advocates have said the regulations grant airlines loopholes to avoid payment, while Canadian carriers have launched a legal challenge to quash provisions they argue breach international standards.

Meanwhile, the new accessibility regulations require free travel for an attendant or guide dog in an adjacent seat only on domestic flights, with taxes and fees still applicable. A second phase of the regulatory process, now under way, will consider extending the one-person-one-fare requirement to international flights, according to the CTA.



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AODA Alliance Files A Brief to Ontario’s Doug Ford Government, Urging that Ontario Should Not Allow E-scooters


Should Withdraw Its Proposal for a 5-Year E-scooter Pilot Project, Or, If Allowed, Should Ban E-scooter Rentals and Require E-scooters and Their Drivers to Be Licensed and Insured.

ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE
NEWS RELEASE – FOR IMMEDIATE RELEASE

September 12, 2019 Toronto: Disability advocates are calling on the Ontario Government to show leadership in protecting the public from personal injuries, and protecting people with disabilities from having new barriers to accessibility created. In a detailed brief (set out below) that was just filed with the Ontario Government under Premier Doug Ford, the AODA Alliance calls for the Government not to allow e-scooters in Ontario, and to withdraw its proposal to hold an excessive 5-year pilot that would allow anyone age 16 and up to ride e-scooters on Ontario roads and bike paths, even if they and the e-scooter are uninsured and have no license. This brief aims to crystalize the most comprehensive case against e-scooters from the disability perspective.

“E-scooters racing at up to 32 KPH will create serious new public safety and disability accessibility problems,” said David Lepofsky, chair of the non-partisan AODA Alliance which spearheads advocacy for accessibility for over 2 million Ontarians with disabilities. “Riding or leaving an e-scooter on a sidewalk should be banned. An e-scooter left on a sidewalk should be immediately forfeited and confiscated. If e-scooters are allowed at all, e-scooter rentals, like those dominating in some US cities, should not be permitted. An e-scooter and its driver should be required to have a license and insurance. Virtually silent e-scooters should be required to audibly beep when in use, to warn pedestrians, including those who are blind, that they are racing towards them.”

The AODA Alliance opposes the idea of permitting e-scooters and then leaving it to municipalities to regulate them. Ontarians with disabilities and others who don’t welcome a risk to their safety should not have to fight separate battles, in one city after the next. Each municipality should not be burdened to clean up the mess that the Province is proposing to create.

Since the AODA Alliance brought this issue to public and media attention two weeks ago, the issue whether to allow e-scooters to expand into Ontario has garnered extensive public attention and media coverage. This has included both local and national coverage, as well as an editorial in the September 9, 2019 Toronto Star. Ontarians need to decide whether they want to repeat the risks to public safety and disability accessibility that have plagued other jurisdictions, or whether Ontario wants to be the master of its own destiny in this regard.

Contact: David Lepofsky, [email protected]
Twitter: @aodaalliance

AODA Alliance Brief to the Ontario Government on Its Proposal to Hold a Five-Year Pilot Project Allowing Electric Scooters in Ontario www.aodaalliance.org [email protected] Twitter: @aodaalliance

September 11, 2019

Via Email: [email protected]
To: Ministry of Transportation
Road Safety Policy Office
Safety Policy and Education Branch
87 Sir William Hearst Avenue
Building “A”, Room 212
Toronto, Ontario
M3M 0B4

Re: Proposal 19-MTO026

Introduction

The AODA Alliance submits this brief to the Ontario Government as part of the Government’s short public consultation on its proposal to hold a five-year pilot project to allow electric scooters (e-scooters) in Ontario. E-scooters are electric motor vehicles which can travel as fast as 32 kilometers per hour or faster. Under the Government’s proposal e-scooters would be allowed to zip at up to 32 kilometers per hour, anywhere a bicycle is allowed, such as our congested roads and bike paths. The Government is not proposing to require the e-scooter owner or driver or vehicle itself to carry insurance, or to have a license. We include as Appendix 1 a list of the recommendations we make throughout this brief. Appendix 2 to this brief is the Government’s original August 28, 2019 online posting that describes its proposed pilot project. Appendix 3 sets out a New York Times article on e-scooters.

In summary, the AODA Alliance strongly opposes the proposed pilot project. This pilot project raises serious safety concerns for the entire public. Ontarians with disabilities are especially vulnerable to this safety risk. Experience in other jurisdictions where e-scooters have been allowed clearly shows that they present serious public safety and disability accessibility problems. Ontario does not need a pilot project to prove this, at the cost of inflicting injuries or even death upon some Ontarians.

The Ford Government repeatedly emphasized that it is focusing on what matters most to Ontarians. Protecting public safety matters most for Ontarians.

E-scooters are unnecessary and should not be permitted in Ontario at all. E-scooters are motor vehicles, pure and simple. At a bare minimum, if they are to be permitted at all despite the serious concerns spelled out in this brief, e-scooters, like other motor vehicles, should have to be licensed. Their drivers should also have to be licensed, only after they have completed needed and specific training. Both the driver and the motor vehicle should have to carry sufficient insurance.

Their other risks should be subject to strict safety regulations. They should be required to emit a beep to enable people with vision loss to know they are coming. Rental of e-scooters should be forbidden. Riding or parking an e-scooter on a sidewalk should be banned, with strong penalties and immediate confiscation of the e-scooter. Regulation of e-scooters might later be reduced only if shown to be justified, and that doing so won’t compromise on public safety and disability accessibility.

The Ontario Government’s proposal to hold a five-year pilot with e-scooters is based on a troubling Government compromise on protecting public safety. If, despite these concerns, Ontario were nevertheless to hold a pilot project with e-scooters, it should be far shorter than five years. It should be restricted to a narrow area, not the entire province, and only with the consent of the community where the pilot is to occur. Very strict regulation of e-scooters should be in place. It is wrong to experiment on people who don’t consent to being in the experiment, especially where their safety is thereby put at risk.

Just because parts of the US and some other jurisdictions have allowed e-scooters does not mean that they are inevitable in Ontario. Ontario can and should control its own destiny. Ontario should not repeat the serious mistakes that other jurisdictions have made. We should not unleash a new problem on Ontarians and then have to figure out how to undo the damage done. Other places have found this is hard to effectively do, when it comes to e-scooters.

Who Are We?

The AODA Alliance has extensive experience with the barriers facing Ontarians with disabilities. Founded in 2005, we are a voluntary, non-partisan, unincorporated grassroots coalition of individuals and community organizations. Our mission is:

“To contribute to the achievement of a barrier-free Ontario for all persons with disabilities, by promoting and supporting the timely, effective, and comprehensive implementation of the Accessibility for Ontarians with Disabilities Act.”

To learn about us, visit: http://www.aodaalliance.org.

Our coalition is the successor to the non-partisan grassroots Ontarians with Disabilities Act Committee. The ODA Committee advocated for more than ten years, from 1994 to 2005, for the enactment of strong, effective disability accessibility legislation. Our coalition builds on the ODA Committees work. We draw our membership from the ODA Committee’s broad, grassroots base. To learn about the ODA Committee’s history, visit: http://www.odacommittee.net.

We have been widely recognized by the Ontario Government, by all political parties in the Ontario Legislature, within the disability community and by the media, as a key voice leading the non-partisan campaign for accessibility in Ontario. In every provincial election since 2005, any party that has made election commitments on accessibility has done so in letters to the AODA Alliance. Our efforts and expertise on accessibility for people with disabilities have been recognized in speeches on the floor of the Ontario Legislature, and beyond. Our website and Twitter feed are widely consulted as helpful sources of information on accessibility efforts in Ontario and elsewhere. We have achieved this as an unfunded community coalition.

Beyond our work at the provincial level in Ontario, over the past four years, the AODA Alliance has been active, advocating for strong and effective national accessibility legislation for Canada. Our efforts influenced the development of the Accessible Canada Act. We have been formally and informally consulted by the Federal Government and some federal opposition parties on this issue.

The AODA Alliance has spoken to or been consulted by disability organizations, individuals, and governments from various parts of Canada on disability accessibility issues. For example, we have been consulted by the Government of Manitoba and by Barrier-Free Manitoba (a leading grassroots accessibility advocacy coalition in Manitoba) in the design and implementation of the Accessibility for Manitobans Act 2013. We twice made deputations to a Committee of the Manitoba Legislature on the design of that legislation. We have been consulted by the BC Government on whether to create a BC Disabilities Act, and by Barrier-Free BC in its grassroots advocacy for that desired legislation.

We have also been consulted outside Canada on this topic, most particularly, in Israel and New Zealand. In addition, in June 2016, we presented on this topic at the UN annual international conference of state parties to the Convention on the Rights of Persons with Disabilities.

The AODA Alliance played a central role in bringing to the public’s attention its serious concerns about e-scooters over the past two weeks. We have secured extensive media coverage on this issue, including coverage in print, on TV, on the radio, and in social media. This topic has even secured coverage in the CBC’s national radio news. Moreover, a strong Toronto Star editorial on September 9, 2019 echoed some of our major concerns, though it neither referred to the AODA Alliance nor to disability barriers threatened by e-scooters.

The AODA Alliance posted a draft of this brief online and via social media on September 6, 2019 and solicited feedback on it. We have done our best to incorporate that feedback in this finalized brief. We thank all those who sent us their feedback. The overwhelming thrust of that feedback was supportive of our concerns.

The Ontario Government Has an Important Duty to Prevent the Creation of New Disability Barriers

This brief shows that the Government’s proposal to allow e-scooters in Ontario threatens to create new accessibility barriers against Ontarians with disabilities. Under the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, the Ontario Government has a duty to prevent the creation of new accessibility barriers against Ontarians with disabilities. For example, the AODA requires the Ontario Government to lead Ontario to become accessible to people with disabilities by 2025.

As the final report of the most recent Independent Review of the AODA’s implementation, prepared by former Lieutenant Governor David Onley revealed, Ontario is well behind schedule for reaching that goal. The Onley report found that Ontario remains a province full of “soul-crushing barriers”. Barriers in the built environment remain a serious example of this. The creation of any new barriers in the built environment would only make this worse.

The AODA Alliance elsewhere documented that the new Ontario Government has done a poor job of implementing the AODA. For the Government to now take new action, such as this proposed e-scooter pilot project, that would create more disability accessibility barriers, is an especially serious concern.

No Government Should Ever Compromise on Public Safety

We are deeply concerned that the Ontario Government’s proposal of a five-year pilot project with e-scooters in Ontario was arrived at without proper concern for or protection of public safety. As addressed later in this brief, e-scooters are known to present a danger to public safety.

According to a troubling CityTV report, the Doug Ford Government admitted it had compromised between protecting public safety on the one hand, and advancing business opportunities and consumer choice on the other, when it designed its controversial proposal to permit electric scooters in Ontario for a 5-year pilot. The August 30, 2019 City TV television news story that aired in Toronto in the evening news revealed this troubling new information, and included a comment by AODA Alliance Chair David Lepofsky on it:

“We reached out to the Ministry of Transportation, who told City News in a statement: the proposed pilot project is another example of how the province is helping businesses expand and give consumers more choice. When asked why the project is set to last a long five years, it said: This proposed time line creates a compromise between road safety and access for businesses and consumers. If approved, the five year pilot will take a measured approach that will promote road safety, foster business innovation and open the Ontario market to this new and growing sector.

But Lepofsky fears the Government is prioritizing business over safety.

(Quotation from David Lepofsky in the news story) “the Government’s obligation is to protect public safety, not to decide, well, we’ll do some compromise between making sure people don’t get hurt and making sure other people can make some more money.”

We therefore call on the Ford Government to put the brakes on this proposal and to ensure that there is no risk to public safety, before even contemplating any pilot project with e-scooters. The Government must never compromise on the safety of the public, such as vulnerable people with disabilities, especially when it does so in the interests of some businesses wishing to expand into Ontario. Public Safety must always come first. Its protection should be unremitting and uncompromising.

Now that it has been revealed that the Government’s ill-conceived pilot project was based on an unacceptable compromise on public safety, the proposed pilot project should be withdrawn. The Government should go back to the drawing board.

E-Scooters Have Been Proven to Present a Safety Threat Both to Innocent Pedestrians and to the E-Scooter Driver Themselves

Our review of media articles and other sources posted on the internet quickly revealed that e-scooters are well-known to and well-documented to have posed a danger of personal injury, and in some cases, even of death. Injuries have been sustained by innocent pedestrians and by the e-scooter drivers themselves.

The AODA Alliance was able to quickly locate this information from a web search. As such, the Ontario Government, engaging in due diligence, should have been able to do the same.

The following is a very brief review of some of what we found, prepared in a hurry due to the Government’s very short public consultation deadline on this issue. We point especially to the article on e-scooters in the September 4, 2019 edition of the New York Times, set out in full as appendix 3 to this brief.

The Washington Post reported on January 11, 2019 that a 75-year-old man in San Diego tripped over an e-scooter. He was taken to hospital, “where X-rays revealed his knee was shattered in four places”. The article quotes Wally Ghurabi, medical director of the Nethercutt Emergency Center at the UCLA Medical Center in Santa Monica. Ghurabi said, “I’ve seen pedestrians injured by scooters with broken hips, multiple bone fractures, broken ribs and joint injuries and soft tissue injuries like lacerations and deep abrasions.” The article also reports incidents involving pedestrians in Dallas, where a 32-year-old man was “left with scrapes on his knee and face, as well as a deep gash above his right eye that required seven stitches”, and Cincinnati, where a 44-year-old woman incurred approximately $1000 in medical expenses after being “throw[n]…to the ground” both following collisions with e-scooters.

Euronews reported on June 18, 2019, that Paris intended to implement speed limits and parking restrictions for e-scooters following its first death on an electric scooter. The French transport minister also announced a nationwide ban on e-scooters on sidewalks, effective September. A week prior to the announcements, a 25-year-old man riding an e-scooter had died after being hit by a truck. The report details other incidents, involving both riders and bystanders. In Sweden, a 27-year-old man died in a crash while riding one of the electric vehicles in May. In Barcelona, a 92-year-old woman died in August 2018 after she was run over by an e-scooter making it the first case of a pedestrian being killed by the electric vehicle.

On July 26, 2019, CBC News reported that since e-scooters became available in Calgary, Calgary emergency rooms have seen 60 patients with e-scooter-related injuries. The report added that [a]bout a third of them were fractures and roughly 10 per cent were injuries to the face and head. These figures have triggered a study by the University of Calgary.
The Copenhagen Post reported on August 5, 2019, that a Capital Region release had identified 100 scooter-related injuries this year in Copenhagen. Among those injured were several pedestrians, although it sounds like most of them tripped over discarded scooters. Only one ended up in hospital after being hit by one.
The Guardian reported on August 11, 2019, that Paris had experienced its third e-scooter-related death in four months: A 30-year-old man has been killed after being hit by a motorbike while riding his e-scooter on a French motorway. The report went on to state that [t]he scooter rider was not wearing a helmet and was reportedly travelling in the fast lane when the motorbike hit him from behind, despite the fact that [u]sing scooters on motorways is banned in France. Moreover, The day before the accident, a 27-year-old woman suffered serious head injuries after falling from an e-scooter she was using in a cycle lane in Lyon. A few days earlier a 41-year-old man had been seriously injured after falling from his e-scooter in Lille. Finally, the report provided details on another, earlier e-scooter-related death in France: An 81-year-old man died after he was reportedly knocked over by an e-scooter in Levallois-Perret, a Parisian suburb, in April.
CityNews reported on August 13, 2019, as part of a short survey of European regulations, that German police say seven people have been seriously injured and 27 suffered minor injuries in scooter accidents since mid-June, saying most were due to riders behaving carelessly.
An article entitled “Sharing the sidewalk: A case of E-scooter related pedestrian injury” published in the American Journal of Emergency Medicine in June 2019 cites multiple studies corroborating the occurrence of pedestrian injuries: one from Israel found that, while pedestrians were 8.4% of the patients admitted for e-bike- and e-scooter-related injuries, they “were more severely injured; compared to electric scooter riders and electric bike riders, pedestrians have higher rates of head, face, and neck injuries; traumatic brain injuries; and hospital stays lasting more than a week”.

A pilot project with something like e-scooters should only be done if it has a sensible and needed stated purpose, and if it is safe. Given these known public safety problems, there is no need to do a pilot to discover whether e-scooters pose a public safety hazard. Moreover, it is wrong to experiment on human beings without their consent, to find out how much something is a threat to their lives or safety.

Our hospital emergency rooms are already over-burdened. The current Ontario Government promised to end “hallway medicine.” Yet if e-scooters are permitted in public places like roads or bike paths, their workloads will increase. The long waiting periods that patients must now endure at Ontario hospital emergency rooms will only get worse.

We therefore recommend that:

Recommendation #1
There should be no pilot project allowing e-scooters to be driven in public places in Ontario.

Extend the Current Public Consultation

If, despite the foregoing concerns, the Ontario Government plans to continue with the current e-scooter public consultation, it should significantly lengthen it. On Wednesday, August 28, 2019, just two days before the Labour Day long weekend, the Doug Ford Government quietly posted online, for a meager 48-hour public consultation, its proposal to allow e-scooters in Ontario for five years, for a trial period. Thankfully we were alerted to this by an AODA Alliance supporter, who was concerned about the safety risk that e-scooters posed for Ontarians with disabilities.

On August 29, 2019, the AODA Alliance quickly swung into action on this helpful tip. So did others, including Balance for Blind Adults and the CNIB. The media showed interest quite quickly. Indeed, the media coverage of our concerns with e-scooters has continued to this day, and has included national radio coverage on CBC.

Within hours, the Ford Government gave some ground, though not all the ground we had requested. Late on Thursday, August 29, 2019, the Government announced that it was extending its consultation on this issue to September 12, 2019.

For the Government to announce a public consultation on the eve of a long weekend is a well-known strategy for rushing forward with a decision to implement something new, without truly consulting the public, while wishing to appear that it has genuinely consulted the public. It is a fair inference to draw that the Government has been and continues to be actively lobbied by companies that rent e-scooters in the U.S. or elsewhere, in order to get the Government to permit them in Ontario. As noted later in this brief, the proposal of an excessively long five -year pilot project suggests an intent to get e-scooters deeply embedded in Ontario, and to make it harder to get them removed or effectively controlled.

It is essential for this consultation process to immediately and substantially slow down. If the Government is not prepared to withdraw its current consultation and go back to the drawing board, with a stronger commitment to protecting public safety, it should at least substantially lengthen the current public consultation period beyond September 12, 2019 For our part, we need more time to try to document the efforts that have been taken elsewhere to reduce or stop the use of e-scooters. Time has not allowed us to cover that here. That is a topic which a Government, engaging in proper due diligence to protect public safety, should have done, and made public, before venturing forward with a public consultation on a possible pilot project with e-scooters.

We therefore recommend that:

Recommendation #2
The Government should withdraw this e-scooter public consultation and go back to the drawing board. If it is not prepared to withdraw this public consultation on e-scooters, the Ontario Government should at least extend the consultation period to October 31, 2019.

Do Not Allow Rental of E-Scooters

It appears that at least in some if not most of the other jurisdictions where e-scooters have been allowed, a very common way that they are used is by companies renting them to the public, rather than by individuals buying them. Of course, the option to buy them was presumably available in those jurisdictions as well. It is reasonable to conclude that the lobbying of the Ford Government that has led to the current proposal for a five-year e-scooter pilot program comes from those big companies known in other jurisdictions to provide e-scooter rentals. See further the September 4, 2019 New York Times article set out in Appendix 3, at the end of this brief, and the September 10, 2019 article in the Toronto Star, quoted later in this brief.

By this rental model, a member of the public gets an app on their phone to sign up for these rentals. E-scooters are left around the city, tagged with a GPS chip. The individual uses the app to find the nearest e-scooter that is available. They pick it up and ride away. They presumably do not go to a store, or deal with anyone directly and in person from the rental company, when they are renting an e-scooter at roadside. When they are finished with the e-scooter, they leave it on a sidewalk, wherever they wish, and walk away. That e-scooter then sits there until another person, using the app, decides to take it away and ride it, leaving it somewhere else, once they are done.

The rental model for e-scooters presents several serious problems. It should be strictly forbidden.

First and foremost, having users randomly leave an e-scooter on a sidewalk or other like public place when they are finished with it creates significant and unpredictable new barriers against people with disabilities. these barriers can instantly pop up anywhere, unannounced, and then vanish before the police could get to the scene.

For people who are blind, deafblind or have low vision, they are a serious and unexpected tripping hazard. There is no way to plan a walking route to avoid them. They should not have to face the prospect of e-scooters potentially lying in their path at any time. we have received feedback about concerns with this from people with vision loss elsewhere where e-scooter rentals have been allowed.

As well, leaving an e-scooter randomly on sidewalks presents a serious new accessibility barrier for people who use a wheelchair, walker or other mobility device. For them, an e-scooter can prevent them from being able to continue along an otherwise-accessible sidewalk. They can turn an accessible route of travel into an inaccessible one. Here again, these are entirely unpredictable, since these barriers can pop up in an instant. For people with disabilities using a mobility device, the option of going up on the grass or down onto the road in the path of car traffic, to get around an e-scooter that was abandoned on the sidewalk, may not be accessible, feasible or safe. This is especially so for people with temporary or permanent balance issues.

The sidewalks or other public spaces should not be made available to the private companies who rent e-scooters as free parking spaces, fully subsidized by the taxpayer. Taxpayers paid for the construction and maintenance of sidewalks as a safe place to walk.

It is clear that the desire to have e-scooters left strewn on Ontario sidewalks is central to the desire of at least some businesses who want to offer e-scooters for rental in this province. According to a September 10, 2019 Toronto Star article, the CEO of Bird Canada, one of the private companies that is pressing to rent e-scooters in Ontario conceded that it is central to their business that e-scooters be left on Ontario sidewalks between trips with them. The article included:

“Barring e-scooters from city sidewalks, recommended by a city committee on Monday, would make it impossible to introduce the concept to Toronto, according to the CEO of Bird Canada, an e-scooter company hoping to launch here in the spring of 2020.

“If you can’t park them on the sidewalk and you can’t park them on the street, I guess we’re parking them in the air?” Stewart Lyons said.

“I don’t know where we’re parking them. They can’t fly.”

Lyons was speaking after the city’s infrastructure and environment committee passed a motion that would temporarily prevent e-scooters from occupying sidewalks – at least until city staff can come up with a better plan, expected later this year.

Lyons said being able to park e-scooters on some sidewalks is a key part of the e-scooter program.

He said it would be hard to create enough demand if the scooters can’t be made available to customers right where they live and work, arguing that docking stations, such as those used by the current Bike Share Toronto program, wouldn’t be accessible enough.

Currently, users in cities where shared e-scooter programs are in place can locate scooters near them using an app.”

It would not be good enough for the Government to try to regulate where the scooters are left, e.g. by enacting regulations that e-scooters may not be left to block the sidewalk. This would be very hard to enforce, since police are not on the scene wherever these e-scooters would be left. Our police and courts are already overburdened and do not need e-scooter enforcement to be added to their important workloads. There needs to be a strict ban in place precluding e-scooters ever being left in the sidewalk, given the experiences of which we have learned in other jurisdictions. An e-scooter left on the sidewalk should be simply treated as abandoned and forfeited.

Beyond the foregoing concerns, the rental model presents other safety risks. Under that model, a person could go into a bar, drink to excess, walk outside, look on their smart phone’s e-scooter app, and quickly find a nearby e-scooter to ride. That would expose the public to added risks. As it is, drunk driving is a troubling problem in our society that leads to deaths and serious injuries. Our Government should not expose the public to any more such risks.

Were an intoxicated person to walk into a car rental office and try to rent a car, they would have to deal with a human being, who no doubt would refuse to hand over the car keys. In the case of renting e-scooters via an app, there is no comparable control at the source, such as a salesperson, to refuse to hand over the keys.

It would be unthinkable for a car rental company to simply leave rental cars parked near a bar, with the keys in the car, so that anyone could instantly rent the car and drive it away just by clicking on a smart phone app. The danger to public safety would be obvious and intolerable. The same should go for e-scooters.

It is no answer to say that drunk driving is already illegal. We already know that that drinking and driving laws are too often disobeyed. Innocent people pay the price with permanent injuries or their lives. The Government should not make e-scooters available, increasing that risk.

We therefore recommend that:

Recommendation #3
The rental of e-scooters should be strictly forbidden, even if private ownership of an e-scooter by a user of that e-scooter were to be permitted.

Recommendation #4
There should be a strict ban on leaving an e-scooter in a public sidewalk or like location. If an e-scooter is left in such a place, it should be subject to immediate confiscation and forfeiture, as well as a strict penalty.

Require Beeping Sound from E-Scooters When Powered On

E-scooters are very quiet, if not silent, when being operated. It presents a significant safety risk for a virtually silent e-scooter to be hurtling towards a blind person at 32 kph. This is so whether the e-scooter is being driven on a road, or on a sidewalk) (where they are supposedly not to be permitted). They pose a similar risk to a sighted pedestrian who can hear, but who is not looking in the direction from which the e-scooter is coming. It must be remembered that not every road has a sidewalk.

We therefore recommend that:

Recommendation #5
If e-scooters are to be permitted in Ontario, they should be required to make an ongoing beeping sound when they are powered on, to warn others of their approach.

Reduce the Maximum E-scooter Speed Well Below 32 KPH

The faster an e-scooter goes, the less time its driver or a pedestrian has to avoid a collision. Moreover, the fast the e-scooter goes, the greater the potential harm caused by a collision.

There is no magic reason why an e-scooter should be allowed to travel at 32 KPH, just because e-bikes are allowed to go at that speed.

The Ontario Government should study the options for speed limits from other jurisdictions to determine the safest maximum speed, before embarking on any pilot project. A considerably slower speed limit should be set. It can always be raised later, if that is justified.

We therefore recommend that:
Recommendation #6
The speed limit for e-scooters should initially be set much lower than 32 KPH, such as 15 or 20 KPH, until a strong showing can be made that a higher speed limit poses no safety threat to the public.

Require That an E-scooter Driver Have a License and Proper Training

Because an e-scooter is a motor vehicle which can cause significant personal injuries to innocent pedestrians, a person should be required to get a license before they can drive an e-scooter. To qualify to get a license, a person should have to take appropriate training and show sufficient proficiency, including sufficient knowledge about the rules of the road and the threat to personal injuries that an e-scooter can cause.

We therefore recommend that:

Recommendation #7
A person wishing to drive an e-scooter should be required to first take required training on its safe operation and on the rules of the road, and then to obtain a license.

E-Scooters Should Be Licensed and Display a License Plate Number

It is important for each e-scooter to be licensed, and to display a license plate number, as is required for cars and motorcycles. This will make it far, far easier to enforce the law in case a person, driving an e-scooter, collides with a pedestrian, and then flees the scene. Without such a license requirement, it may well be impossible for an injured pedestrian to effectively identify the e-scooter that hit them, and thereby, to trace the driver in question.

We therefore recommend that:

Recommendation #8
Each e-scooter should be required to be licensed and to display a readily-seen license plate number.

The E-scooter’s Owner and Driver Should Be Required to Carry Valid Insurance

It is widely recognized that motor vehicles pose a risk to personal injury of other motorists and pedestrians. As a result, both the owner and driver of a motor vehicle are required to carry liability insurance. It is an offence to fail to carry proper insurance.

The same should be so for the owner and driver of an e-scooter. It is important for both to be insured, as is the case for other motor vehicles such as cars and trucks, so an injured victim can recover compensation from either or both, if injured.

This is especially important where, as here, it is known that e-scooters pose a real risk of personal injury. The victims of such injuries, and the taxpayers who pay for our health system, should not be left holding the bag when it comes to the consequences of the use of e-scooters.

We therefore recommend that:

Recommendation #9
The owner and driver of an e-scooter should be required to carry sufficient liability insurance for injuries or other damages that the e-scooter causes to others.

Helmets Should Be Required for All E-Scooter Drivers, No Matter What Their Age Is

The use of an e-scooter can result in injuries to the driver, and not just to innocent pedestrians. This obviously can include head injuries.

A helmet is an important safety measure to at least try to reduce some of the harmful impacts on the driver of a fall from the e-scooter. Yet the Ford Government is only proposing during its pilot project to require an e-scooter driver to wear a helmet if they are between the ages of 16 and 18.

Yet people 18 or older are equally exposed to the risk of head injuries. This creates an undue risk of increased injuries to drivers. That is bad for the drivers themselves and for their families. It also creates an unnecessary and unfair burden for the taxpayer, who will have to cover the health and other social safety net costs of those injuries to the e-scooter drivers.

We therefore recommend that:

Recommendation #10
All e-scooter drivers, regardless of their age, should be required to wear a helmet whenever operating an e-scooter.

If There Is to Be a Pilot Period with E-scooters, It Should Be Much Shorter Than Five Years and For A Smaller Part of Ontario

The Ford Government is proposing an e-scooter pilot project for the entirety of Ontario, to last fully five years. There is serious reason to doubt whether the Government means this as a pilot project. It appears far more likely that the Government means for this to be a way to embed e-scooters as a done deal, a permanent fixture in Ontario. After five years, the Government and the e-scooter rental companies that are lobbying to get them into Ontario may well be hoping that it will be much harder to reduce or eliminate them, if they are already entrenched around Ontario. This is a real problem facing those jurisdictions that have already allowed e-scooters to proliferate, and that now have serious concerns about their impact.

There is no reason for a pilot project to last for a long five years. A much shorter period is warranted, in order to assess their impact. This is so especially since there are other jurisdictions which have already in effect served as a pilot project for Ontario. They have allowed e-scooters, with all the accompanying problems. As noted earlier, Ontario should study their impact in those other jurisdictions first, rather than exposing Ontarians to the risk of personal injury. Only if that study reveals that e-scooters can be safely introduced in Ontario should a pilot project be even considered for Ontario.

If, despite our documented serious concerns about e-scooters, a pilot project is to take place in Ontario, it should be conducted for a far shorter period, such as six months. A proper assessment of their impact should be assigned to an arms-length organization with expertise in public safety.

There is no reason why a pilot project should take place across the entirety of Ontario. Instead, a specific region or community should be selected. That community should first be given the right to consent or reject the proposal on behalf of its citizens.

We therefore recommend that:

Recommendation #11
No e-scooter pilot project should be held in Ontario until the Ontario Government effectively studies the impact on public safety of e-scooters in jurisdictions that have allowed them, and on options for regulatory controls of them, and has made the details of these public. A pilot project should only be held in Ontario if public safety can be fully and effectively protected.

Recommendation #12
If Ontario is to hold an e-scooter pilot project, it should only take place for a period much shorter than five years, e.g. six months, and should only take place in a specific community that has consented to permit that pilot project there.

Recommendation #13
If Ontario is to hold an e-scooter pilot project, the Ontario Government should retain a trusted independent organization with expertise in public safety to study the impact of e-scooters during that pilot project, and to make the full results of that study public.

A Ban on Riding E-scooters on Sidewalks Is Insufficient to Address Public Safety Concerns

To address the safety and accessibility concerns in this brief, it would be insufficient to simply ban the riding of e-scooters on sidewalks. Such a ban is of course needed, but would be insufficient to solve problems caused by e-scooters. e-scooters present safety issues on public roads, not just on sidewalks. Moreover, it will be extremely difficult if not impossible to effectively police a ban on e-scooters on sidewalks. Even though bicycles are not supposed to be ridden on public sidewalks, pedestrians know that a good number of cyclists nevertheless ride their bikes on sidewalks from time to time, without much fear of law enforcement.

Especially if an e-scooter is not licensed and does not bear a plainly visible license plate number, it would too often be hard if not impossible for an injured pedestrian to report to police on someone who unlawfully rode an e-scooter on the sidewalk. It will be hard if not impossible to reliably identify the offender in a way that will stand up in court. Eyewitness identification evidence is notoriously hard to present in court.

Blind people, or people with low vision or who are deafblind can face the risk of injuries without any practical way to identify the e-scooter driver who hit them, or who left their e-scooter on the sidewalk.

We therefore recommend that:

Recommendation #14
The Government should not treat a ban on riding e-scooters on the sidewalk, while necessary, as a sufficient protection against the threat to public safety that e-scooters present.

There Should Be No Comparable Restrictions on Powered Scooters Used as a Mobility Aid for People with Disabilities

We emphasize that in raising these concerns with e-scooters, nothing should be done to restrict the current availability and use of powered scooters as a mobility aid for people with various disabilities. These are not in the same class of vehicle as e-scooters, addressed in this brief. They do not present the concerns raised in this brief. As we understand it, they do not travel at the kinds of speeds that an e-scooter can travel. They are an essential form of adaptive technology for people with disabilities.

We therefore recommend that:

Recommendation #15
nothing should be done to reduce or restrict the availability or use of powered mobility devices used by people with disabilities.

Don’t Allow E-scooters and Then Leave It to Municipalities To Fix the Problems this Presents

An option the Ontario Government might be considering is to allow the use of e-scooters, either by owning or renting them, and then leaving it to each municipal government to regulate them, or to decide if they will be permitted in that municipality. This is no solution, for the following reasons.

First, as documented in this brief, the public safety and accessibility problems with e-scooters are already known. They would recur across Ontario. They do not vary from municipality to municipality.

Second, people with disabilities should not have to shoulder the burden of having to campaign, in each municipality across Ontario, to prevent the creation of these new accessibility barriers and safety threats. No doubt the e-scooter rental companies would prefer e-scooters to be permitted across Ontario, but would, as a second choice, welcome the chance to target municipalities and lobby them to permit them on very liberal terms.

Third, our municipalities and municipal taxpayers have more than enough on their plates to deal with now. They don’t need the Ontario Government to create a new problem for them, and then leave them with the burden to cope with the consequences and clean up the consequent mess.

We therefore recommend that:

Recommendation #16
The Ontario Government should not permit e-scooters and then leave it to each municipality to regulate them or leave it to each municipality to decide if they want to permit e-scooters.

There Are Important Differences Between E-bikes and E-scooters

It would be wrong for the Government to proceed on the basis that it should allow e-scooters by virtue of the fact that it already allows e-bikes, for several reasons. First, if, as we have shown, e-scooters present a safety risk, that safety risk neither magically vanishes nor in any way reduces just because Ontario now allows e-bikes.

Second, there are some important differences between the two. A person cannot ride an e-bike unless they already know how to ride a bike. In contrast, a person with no prior experience can, in some other jurisdictions, pay a rental fee, hop on an e-scooter, and immediately start racing in public at 32 KPH. As well, we are not aware of any companies that rent e-bikes on the terms used elsewhere for e-scooters, where they are regularly left as barriers in the middle of sidewalks.

Because this e-scooter consultation has been so rushed, we have not had a sufficient opportunity to explore the full ramifications of e-bikes beyond this. This is yet another reason why this hasty public consultation should be withdrawn or lengthened.

We also emphasize that there are key differences between an e-scooter and a non-motorized bicycle. While some can ride a bike quite fast, a novice cannot simply hop on a bike and race at 32 KPH. Moreover, a regular bike is not a motor vehicle. An e-scooter is a motor vehicle.

Appendix 1 List of Recommendations in This Brief

Recommendation #1
There should be no pilot project allowing e-scooters to be driven in public places in Ontario.

Recommendation #2
The Government should withdraw this e-scooter public consultation and go back to the drawing board. If it is not prepared to withdraw this public consultation on e-scooters, the Ontario Government should at least extend the consultation period to October 31, 2019.

Recommendation #3
The rental of e-scooters should be strictly forbidden, even if private ownership of an e-scooter by a user of that e-scooter were to be permitted.

Recommendation #4
There should be a strict ban on leaving an e-scooter in a public sidewalk or like location. If an e-scooter is left in such a place, it should be subject to immediate confiscation and forfeiture, as well as a strict penalty.

Recommendation #5
If e-scooters are to be permitted in Ontario, they should be required to make an ongoing beeping sound when they are powered on, to warn others of their approach.

Recommendation #6
The speed limit for e-scooters should initially be set much lower than 32 KPH, such as 15 or 20 KPH, until a strong showing can be made that a higher speed limit poses no safety threat to the public.

Recommendation #7
A person wishing to drive an e-scooter should be required to first take required training on its safe operation and on the rules of the road, and then to obtain a license.

Recommendation #8
Each e-scooter should be required to be licensed and to display a readily-seen license plate number.

Recommendation #9
The owner and driver of an e-scooter should be required to carry sufficient liability insurance for injuries or other damages that the e-scooter causes to others.

Recommendation #10
All e-scooter drivers, regardless of their age, should be required to wear a helmet whenever operating an e-scooter.

Recommendation #11
No e-scooter pilot project should be held in Ontario until the Ontario Government effectively studies the impact on public safety of e-scooters in jurisdictions that have allowed them, and on options for regulatory controls of them, and has made the details of these public. A pilot project should only be held in Ontario if public safety can be fully and effectively protected.

Recommendation #12
If Ontario is to hold an e-scooter pilot project, it should only take place for a period much shorter than five years, e.g. six months, and should only take place in a specific community that has consented to permit that pilot project there.

Recommendation #13
If Ontario is to hold an e-scooter pilot project, the Ontario Government should retain a trusted independent organization with expertise in public safety to study the impact of e-scooters during that pilot project, and to make the full results of that study public.

Recommendation #14
The Government should not treat a ban on riding e-scooters on the sidewalk, while necessary, as a sufficient protection against the threat to public safety that e-scooters present.

Recommendation #15
nothing should be done to reduce or restrict the availability or use of powered mobility devices used by people with disabilities.

Recommendation #16
The Ontario Government should not permit e-scooters and then leave it to each municipality to regulate them or leave it to each municipality to decide if they want to permit e-scooters.

Appendix 2 The Ford Government’s 48-Hour Pre-Labour Day Public Consultation on Allowing Electric Scooters in Ontario

Originally posted at https://www.ontariocanada.com/registry/view.do?postingId=30207&language=en

Kick Style Electric Scooter (E-Scooter)

Background:

The Ministry of Transportation (MTO) is strongly committed to promoting the highest standards of safety for all Ontarians who travel on our roads, including drivers, cyclists, and pedestrians, and will continue working with all our partners on measures that enhance this objective. Trends and technology are evolving, with new forms of vehicles such as e-scooters entering the market.

MTO is interested in new and environmentally-friendly vehicles, however it is important that new vehicles are constructed with appropriate safety features to allow safe integration with all other road users.

MTO is considering the following proposal and invites you to submit your comments for consideration.

E-Scooters

E-scooters have been launched in more than 125 cities across the United States. They represent a new way for residents to get around their communities, are seen as providing first and last mile connections to transit, and represent an opportunity to reduce traffic congestion.

E-scooters are currently not permitted to operate on roads in Ontario as they do not meet any federal or provincial safety standards for on-road use. These devices may only be operated where Ontario’s Highway Traffic Act (HTA) does not apply such as private property.

The ministry is interested in exploring the feasibility of these vehicles safely integrating with other road users while promoting road safety andfostering business innovation in the province.

MTO is soliciting public comment on potentially permitting the use of e-scooters on roads in Ontario as part of a pilot project. This will allow the ministry to ensure e-scooters can be safely integrated with other road users before a final, permanent, regulatory decision is made.

Proposed E-Scooter Pilot Framework:

Pilot Duration:

The length of the pilot will be for a prescribed period of 5 years, to ensure sufficient time to effectively monitor and evaluate the pilot results.

Operator/Rider/Vehicle Requirements Include:

Can operate on-road similar to where bicycles can operate; prohibited on controlled access highways Minimum operating age 16
Bicycle helmet required for those under 18 years old
No passengers allowed
Maximum operating speed 32 km/h
No pedals or seat allowed
Must have 2 wheels and brakes
Maximum wheel diameter 17 inches
Must have horn or bell
Must have front and back light
Maximum weight 45kg and Maximum power output 500W

Data Collection:

Municipalities to remit data to the province, as requested

Appendix 3 The New York Times September 4, 2019

Originally posted at https://www.nytimes.com/2019/09/04/technology/san-diego-electric-scooters.html?smid=nytcore-ios-share

Welcome to San Diego. Dont Mind the Scooters.

A year ago, electric rental scooters were hailed as the next big thing in transportation. But their troubles in San Diego show how the services have now hit growing pains.

Companies distribute scooters around cities, often on sidewalks. In the area around Mission Beach, one of San Diegos main beaches, 70 scooters lined a single side of one block in July. By Erin Griffith

Sept. 4, 2019

SAN DIEGO The first thing you notice in San Diegos historic Gaslamp Quarter is not the brick sidewalks, the rows of bars and the roving gaggles of bachelorette parties and conferencegoers, or even the actual gas lamps.

Its the electric rental scooters. Hundreds are scattered around the sidewalks, clustered in newly painted corrals on the street and piled up in the gutters. In early July, one corner alone had 37. In the area around Mission Beach, one of the citys main beaches, a single side of one block had 70. Most sat unused.

Since scooter rental companies like Bird, Lime, Razor, Lyft and Uber-owned Jump moved into San Diego last year, inflating the citys scooter population to as many as 40,000 by some estimates, the vehicles have led to injuries, deaths, lawsuits and vandals. Regulators and local activists have pushed back against them. One company has even started collecting the vehicles to help keep the sidewalks clear.

My constituents hate them pretty universally, said Barbara Bry, a San Diego City Council member. She called for a moratorium on the scooters when they arrived, saying they clogged sidewalks and were a danger to pedestrians.

San Diegos struggle to contain the havoc provides a glimpse of how reality has set in for scooter companies like Bird and Lime. Last year, the services were hailed as the next big thing in personal transportation. Investors poured money into the firms, valuing Bird at $2.3 billion and Lime at $2.4 billion and prompting an array of followers.

At the end of a rental period, a rider leaves the scooter for the next customer to retrieve. CreditTara Pixley for The New York Times

The scooter companies distribute their electric vehicles around cities and universities often on sidewalks and rent them by the minute via apps. At the end of a rental period, a rider leaves the scooter for the next customer to retrieve. Scooter speeds vary by company, model and city, as do helmet laws, although helmets generally are not required.

But now, skepticism about scooter services is rising. Some cities, including San Francisco, Paris, Atlanta and Portland, Ore., have imposed stricter regulations on scooter speed limits, parking or nighttime riding. Columbia, S.C., has temporarily banned them. New York recently passed legislation that would allow scooters to operate in some parts of New York City, but not in Manhattan.

Safety has become a big issue. A three-month study published in May from the Centers for Disease Control and Prevention and the Public Health and Transportation Departments of Austin, Tex., found that for every 100,000 scooter rides, 20 people were injured. Nearly half of the injuries were to the head; 15 percent of those showed evidence of traumatic brain injury.

Bird, Lime and Skip are trying to secure new funding, according to three people familiar with the talks, who declined to be identified because the discussions were not finished. In May, Lime replaced its chief executive; several other top executives also left. And in July, Birds chief executive called a report about the companys losses fake.

Scooters are a fun and convenient mode of transportation that really does put people at risk and introduces significant spatial challenges to the civic commons, said Adie Tomer, a metropolitan policy fellow at the Brookings Institution. Those tensions are not going anywhere anytime soon.

Bird declined to comment.

Many scooter companies miscalculated how long the scooters would last often not long enough for rental fees to cover their costs and are struggling with profitability, acknowledged Sanjay Dastoor, Skips chief executive. His company has designed a way to produce more durable scooters that can be repaired more easily and last long enough to turn a profit, he said, allowing it to run a safe fleet that we are proud of.

Lindsey Haswell, Limes head of communications, said new industries often faced regulatory challenges, but our investors are willing to take the long view. She added that the issues in San Diego did not reflect the global scooter market. Lime has provided more than three million trips in San Diego, she said, and has as many supporters as we have detractors there.

Hans Tung, an investor at GGV, which has backed Lime, said he was encouraged by the companys progress and was confident it would make its scooters safe and profitable. I dont see how that couldnt be achieved, he said.

Bird and Lime deployed their scooters in San Diego in February 2018, followed by other companies. The start-ups pitched themselves as environmentally friendly, a message that jibed with San Diegos goal to reduce greenhouse emissions.

San Diego initially took a hands-off approach. The scooters became popular, with an average of 30,000 riders per day, according to city officials.

Millennials and post-millennials want to live in a thriving, bustling city that has dynamic choices for mobility, said Erik Caldwell, San Diegos deputy head of operations for smart and sustainable communities.

But as more scooters flooded San Diego last summer, local business owners and residents began objecting. Alex Stennet, a bouncer at Coyote Ugly Saloon in the Gaslamp District, said people tripped over the vehicles and threw them around. He said he had witnessed at least 20 scooter accidents in front of Coyote Ugly.

ScootScoop has deals with 250 local businesses to remove scooters; it has towed more than 12,500. CreditTara Pixley for The New York Times

Dan Borelli, who owns a bike rental shop called Boardwalk Electric Rides in Pacific Beach, said the scooters frequently blocked the entrance to his store. In July 2018, he teamed up with John Heinkel, owner of a local towing company, to haul away scooters that they deemed to be parked on private property. They charge Bird, Lime and others a retrieval fee of $50 per scooter, plus $2 for each day of storage.

Their company, ScootScoop, has essentially turned them into scooter bounty hunters. They said they have struck deals with 250 local businesses and hotels and have towed more than 12,500 scooters. Some scooter companies have paid to get them back, they said.

In March, Lime and Bird sued Mr. Borelli and Mr. Heinkel for the scooter removals. ScootScoop countersued Bird and Lime last week.

Other cities have called ScootScoop for advice, Mr. Borelli said. Mr. Heinkel said the scooter companies underestimated them. They assumed we were two hillbillies in a pickup truck, as opposed to business owners, he said.

Limes Ms. Haswell said Mr. Borelli and Mr. Heinkel are opportunistic businessmen who troll the streets stealing scooters, with no respect for the law, trying to make a profit at San Diegos expense.

Late last year, the scooters turned from annoyances into hazards. In December, a man in Chula Vista, a San Diego suburb, died after he was hit by a car while riding a Bird scooter, according to the Chula Vista Police Department. A tourist died a few months later after crashing his rental scooter into a tree. Another visitor died of blunt force torso trauma after his scooter collided with another, the San Diego Police Department said.

The department said it counted 15 serious injury collisions involving scooters in the first half of this year. Last month, three separate scooter-related skull fractures happened in one week.

On one day in July, there were 150 available Bird scooters within a two-block radius in Mission Beach.CreditTara Pixley for The New York Times

Scooter parking corrals were introduced in July as part of San Diegos new rules. CreditTara Pixley for The New York Times
As the injuries piled up, Safe Walkways, an activist group, amassed hundreds of members in a Facebook group to oppose the scooters and file complaints to government agencies. In April, around 50 protesters gathered on Mission Beachs boardwalk with signs bearing messages like Safety Not Scooters and BoardWALK.

Lawsuits have also piled up. Clients of Matthew Souther, an attorney at Neil Dymott, filed a potential class action suit in March that accused Bird, Lime and the City of San Diego of not complying with disability rights laws to keep sidewalks clear. He said he was working on a dozen other injury lawsuits against scooter companies.

San Diego has started cracking down on the scooters. In July, the city enacted rules restricting where they could be parked and driven and issued permits for 20,000 scooters, across all companies, to operate. In three days that month, authorities impounded 2,500 scooters that violated parking rules. San Diego later sent notices of violations to Bird, Lyft, Lime and Skip.

Last month, San Diego told Lime that it planned to revoke its permit to operate in the city because of the violations, pending a hearing.

Christina Chadwick, a spokeswoman for San Diegos mayor, Kevin Faulconer, said the scooter operators had been warned that the city would aggressively monitor them.

To deal with critics and improve safety and costs, the scooter companies have upgraded their fleets with sturdier scooters. Bird has said its Bird Zero model, which makes up a majority of its fleet, lasts an average of 10 months, compared with three months for past models. Skip recently announced a scooter with modular parts, which makes repairs easier.

And after a year recalling scooters with cracked baseboards and batteries that caught fire, Lime has introduced new vehicles with bigger wheels and baseboards, as well as interchangeable batteries and parts.

Ms. Haswell said Lime was eager to show the progress it had made. We admit that we havent always gotten it right in San Diego, she said.

Erin Griffith reports on technology start-ups and venture capital from the San Francisco bureau. Before joining The Times she was a senior writer at WIRED and Fortune. @eringriffith

A version of this article appears in print on Sept. 4, 2019, Section B, Page 1 of the New York edition with the headline: San Diegos Scooter Tryout Gets Off to a Bumpy Start. Order Reprints




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AODA Alliance Files A Brief With Ontario’s Doug Ford Government, Urging that Ontario Should Not Allow E-scooters, Should Withdraw Its Proposal for a 5-Year E-scooter Pilot Project, Or, If Allowed, Should Ban E-scooter Rentals and Require E-scooters and Their Drivers to Be Licensed and Insured


ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT ALLIANCE

NEWS RELEASE – FOR IMMEDIATE RELEASE

AODA Alliance Files A Brief With Ontario’s Doug Ford Government, Urging that Ontario Should Not Allow E-scooters, Should Withdraw Its Proposal for a 5-Year E-scooter Pilot Project, Or, If Allowed, Should Ban E-scooter Rentals and Require E-scooters and Their Drivers to Be Licensed and Insured

September 12, 2019 Toronto: Disability advocates are calling on the Ontario Government to show leadership in protecting the public from personal injuries, and protecting people with disabilities from having new barriers to accessibility created. In a detailed brief (set out below) that was just filed with the Ontario Government under Premier Doug Ford, the AODA Alliance calls for the Government not to allow e-scooters in Ontario, and to withdraw its proposal to hold an excessive 5-year pilot that would allow anyone age 16 and up to ride e-scooters on Ontario roads and bike paths, even if they and the e-scooter are uninsured and have no license. This brief aims to crystalize the most comprehensive case against e-scooters from the disability perspective.

“E-scooters racing at up to 32 KPH will create serious new public safety and disability accessibility problems,” said David Lepofsky, chair of the non-partisan AODA Alliance which spearheads advocacy for accessibility for over 2 million Ontarians with disabilities. “Riding or leaving an e-scooter on a sidewalk should be banned. An e-scooter left on a sidewalk should be immediately forfeited and confiscated. If e-scooters are allowed at all, e-scooter rentals, like those dominating in some US cities, should not be permitted. An e-scooter and its driver should be required to have a license and insurance. Virtually silent e-scooters should be required to audibly beep when in use, to warn pedestrians, including those who are blind, that they are racing towards them.”

The AODA Alliance opposes the idea of permitting e-scooters and then leaving it to municipalities to regulate them. Ontarians with disabilities and others who don’t welcome a risk to their safety should not have to fight separate battles, in one city after the next. Each municipality should not be burdened to clean up the mess that the Province is proposing to create.

Since the AODA Alliance brought this issue to public and media attention two weeks ago, the issue whether to allow e-scooters to expand into Ontario has garnered extensive public attention and media coverage. This has included both local and national coverage, as well as an editorial in the September 9, 2019 Toronto Star. Ontarians need to decide whether they want to repeat the risks to public safety and disability accessibility that have plagued other jurisdictions, or whether Ontario wants to be the master of its own destiny in this regard.

Contact: David Lepofsky, [email protected]

Twitter: @aodaalliance

AODA Alliance Brief to the Ontario Government on Its Proposal to Hold a Five-Year Pilot Project Allowing Electric Scooters in Ontario

www.aodaalliance.org [email protected] Twitter: @aodaalliance

September 11, 2019

Via Email: [email protected]

To: Ministry of Transportation

Road Safety Policy Office

Safety Policy and Education Branch

87 Sir William Hearst Avenue

Building “A”, Room 212

Toronto, Ontario

M3M 0B4

Re: Proposal 19-MTO026

Introduction

The AODA Alliance submits this brief to the Ontario Government as part of the Government’s short public consultation on its proposal to hold a five-year pilot project to allow electric scooters (e-scooters) in Ontario. E-scooters are electric motor vehicles which can travel as fast as 32 kilometers per hour or faster. Under the Government’s proposal e-scooters would be allowed to zip at up to 32 kilometers per hour, anywhere a bicycle is allowed, such as our congested roads and bike paths. The Government is not proposing to require the e-scooter owner or driver or vehicle itself to carry insurance, or to have a license. We include as Appendix 1 a list of the recommendations we make throughout this brief. Appendix 2 to this brief is the Government’s original August 28, 2019 online posting that describes its proposed pilot project. Appendix 3 sets out a New York Times article on e-scooters.

In summary, the AODA Alliance strongly opposes the proposed pilot project. This pilot project raises serious safety concerns for the entire public. Ontarians with disabilities are especially vulnerable to this safety risk. Experience in other jurisdictions where e-scooters have been allowed clearly shows that they present serious public safety and disability accessibility problems. Ontario does not need a pilot project to prove this, at the cost of inflicting injuries or even death upon some Ontarians.

The Ford Government repeatedly emphasized that it is focusing on what matters most to Ontarians. Protecting public safety matters most for Ontarians.

E-scooters are unnecessary and should not be permitted in Ontario at all. E-scooters are motor vehicles, pure and simple. At a bare minimum, if they are to be permitted at all despite the serious concerns spelled out in this brief, e-scooters, like other motor vehicles, should have to be licensed. Their drivers should also have to be licensed, only after they have completed needed and specific training. Both the driver and the motor vehicle should have to carry sufficient insurance.

Their other risks should be subject to strict safety regulations. They should be required to emit a beep to enable people with vision loss to know they are coming. Rental of e-scooters should be forbidden. Riding or parking an e-scooter on a sidewalk should be banned, with strong penalties and immediate confiscation of the e-scooter. Regulation of e-scooters might later be reduced only if shown to be justified, and that doing so won’t compromise on public safety and disability accessibility.

The Ontario Government’s proposal to hold a five-year pilot with e-scooters is based on a troubling Government compromise on protecting public safety. If, despite these concerns, Ontario were nevertheless to hold a pilot project with e-scooters, it should be far shorter than five years. It should be restricted to a narrow area, not the entire province, and only with the consent of the community where the pilot is to occur. Very strict regulation of e-scooters should be in place. It is wrong to experiment on people who don’t consent to being in the experiment, especially where their safety is thereby put at risk.

Just because parts of the US and some other jurisdictions have allowed e-scooters does not mean that they are inevitable in Ontario. Ontario can and should control its own destiny. Ontario should not repeat the serious mistakes that other jurisdictions have made. We should not unleash a new problem on Ontarians and then have to figure out how to undo the damage done. Other places have found this is hard to effectively do, when it comes to e-scooters.

Who Are We?

The AODA Alliance has extensive experience with the barriers facing Ontarians with disabilities. Founded in 2005, we are a voluntary, non-partisan, unincorporated grassroots coalition of individuals and community organizations. Our mission is:

“To contribute to the achievement of a barrier-free Ontario for all persons with disabilities, by promoting and supporting the timely, effective, and comprehensive implementation of the Accessibility for Ontarians with Disabilities Act.”

To learn about us, visit: https://www.aodaalliance.org.

Our coalition is the successor to the non-partisan grassroots Ontarians with Disabilities Act Committee. The ODA Committee advocated for more than ten years, from 1994 to 2005, for the enactment of strong, effective disability accessibility legislation. Our coalition builds on the ODA Committee’s work. We draw our membership from the ODA Committee’s broad, grassroots base. To learn about the ODA Committee’s history, visit: http://www.odacommittee.net.

We have been widely recognized by the Ontario Government, by all political parties in the Ontario Legislature, within the disability community and by the media, as a key voice leading the non-partisan campaign for accessibility in Ontario. In every provincial election since 2005, any party that has made election commitments on accessibility has done so in letters to the AODA Alliance. Our efforts and expertise on accessibility for people with disabilities have been recognized in speeches on the floor of the Ontario Legislature, and beyond. Our website and Twitter feed are widely consulted as helpful sources of information on accessibility efforts in Ontario and elsewhere. We have achieved this as an unfunded community coalition.

Beyond our work at the provincial level in Ontario, over the past four years, the AODA Alliance has been active, advocating for strong and effective national accessibility legislation for Canada. Our efforts influenced the development of the Accessible Canada Act. We have been formally and informally consulted by the Federal Government and some federal opposition parties on this issue.

The AODA Alliance has spoken to or been consulted by disability organizations, individuals, and governments from various parts of Canada on disability accessibility issues. For example, we have been consulted by the Government of Manitoba and by Barrier-Free Manitoba (a leading grassroots accessibility advocacy coalition in Manitoba) in the design and implementation of the Accessibility for Manitobans Act 2013. We twice made deputations to a Committee of the Manitoba Legislature on the design of that legislation. We have been consulted by the BC Government on whether to create a BC Disabilities Act, and by Barrier-Free BC in its grassroots advocacy for that desired legislation.

We have also been consulted outside Canada on this topic, most particularly, in Israel and New Zealand. In addition, in June 2016, we presented on this topic at the UN annual international conference of state parties to the Convention on the Rights of Persons with Disabilities.

The AODA Alliance played a central role in bringing to the public’s attention its serious concerns about e-scooters over the past two weeks. We have secured extensive media coverage on this issue, including coverage in print, on TV, on the radio, and in social media. This topic has even secured coverage in the CBC’s national radio news. Moreover, a strong Toronto Star editorial on September 9, 2019 echoed some of our major concerns, though it neither referred to the AODA Alliance nor to disability barriers threatened by e-scooters.

The AODA Alliance posted a draft of this brief online and via social media on September 6, 2019 and solicited feedback on it. We have done our best to incorporate that feedback in this finalized brief. We thank all those who sent us their feedback. The overwhelming thrust of that feedback was supportive of our concerns.

The Ontario Government Has an Important Duty to Prevent the Creation of New Disability Barriers

This brief shows that the Government’s proposal to allow e-scooters in Ontario threatens to create new accessibility barriers against Ontarians with disabilities. Under the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, the Ontario Government has a duty to prevent the creation of new accessibility barriers against Ontarians with disabilities. For example, the AODA requires the Ontario Government to lead Ontario to become accessible to people with disabilities by 2025.

As the final report of the most recent Independent Review of the AODA’s implementation, prepared by former Lieutenant Governor David Onley revealed, Ontario is well behind schedule for reaching that goal. The Onley report found that Ontario remains a province full of “soul-crushing barriers”. Barriers in the built environment remain a serious example of this. The creation of any new barriers in the built environment would only make this worse.

The AODA Alliance elsewhere documented that the new Ontario Government has done a poor job of implementing the AODA. For the Government to now take new action, such as this proposed e-scooter pilot project, that would create more disability accessibility barriers, is an especially serious concern.

No Government Should Ever Compromise on Public Safety

We are deeply concerned that the Ontario Government’s proposal of a five-year pilot project with e-scooters in Ontario was arrived at without proper concern for or protection of public safety. As addressed later in this brief, e-scooters are known to present a danger to public safety.

According to a troubling CityTV report, the Doug Ford Government admitted it had compromised between protecting public safety on the one hand, and advancing business opportunities and consumer choice on the other, when it designed its controversial proposal to permit electric scooters in Ontario for a 5-year pilot. The August 30, 2019 City TV television news story that aired in Toronto in the evening news revealed this troubling new information, and included a comment by AODA Alliance Chair David Lepofsky on it:

“We reached out to the Ministry of Transportation, who told City News in a statement: the proposed pilot project is another example of how the province is helping businesses expand and give consumers more choice. When asked why the project is set to last a long five years, it said: ‘This proposed time line creates a compromise between road safety and access for businesses and consumers. If approved, the five year pilot will take a measured approach that will promote road safety, foster business innovation and open the Ontario market to this new and growing sector.’”

But Lepofsky fears the Government is prioritizing business over safety.

(Quotation from David Lepofsky in the news story) “the Government’s obligation is to protect public safety, not to decide, well, we’ll do some compromise between making sure people don’t get hurt and making sure other people can make some more money.”

We therefore call on the Ford Government to put the brakes on this proposal and to ensure that there is no risk to public safety, before even contemplating any pilot project with e-scooters. The Government must never compromise on the safety of the public, such as vulnerable people with disabilities, especially when it does so in the interests of some businesses wishing to expand into Ontario. Public Safety must always come first. Its protection should be unremitting and uncompromising.

Now that it has been revealed that the Government’s ill-conceived pilot project was based on an unacceptable compromise on public safety, the proposed pilot project should be withdrawn. The Government should go back to the drawing board.

E-Scooters Have Been Proven to Present a Safety Threat Both to Innocent Pedestrians and to the E-Scooter Driver Themselves

Our review of media articles and other sources posted on the internet quickly revealed that e-scooters are well-known to and well-documented to have posed a danger of personal injury, and in some cases, even of death. Injuries have been sustained by innocent pedestrians and by the e-scooter drivers themselves.

The AODA Alliance was able to quickly locate this information from a web search. As such, the Ontario Government, engaging in due diligence, should have been able to do the same.

The following is a very brief review of some of what we found, prepared in a hurry due to the Government’s very short public consultation deadline on this issue. We point especially to the article on e-scooters in the September 4, 2019 edition of the New York Times, set out in full as appendix 3 to this brief.

The Washington Post reported on January 11, 2019 that a 75-year-old man in San Diego tripped over an e-scooter. He was taken to hospital, “where X-rays revealed his knee was shattered in four places”. The article quotes Wally Ghurabi, medical director of the Nethercutt Emergency Center at the UCLA Medical Center in Santa Monica. Ghurabi said, “I’ve seen pedestrians injured by scooters with broken hips, multiple bone fractures, broken ribs and joint injuries and soft tissue injuries like lacerations and deep abrasions.” The article also reports incidents involving pedestrians in Dallas, where a 32-year-old man was “left with scrapes on his knee and face, as well as a deep gash above his right eye that required seven stitches”, and Cincinnati, where a 44-year-old woman incurred approximately $1000 in medical expenses after being “throw[n]…to the ground” — both following collisions with e-scooters.

Euronews reported on June 18, 2019, that Paris intended to implement speed limits and parking restrictions for e-scooters following its “first death on an electric scooter”. The French transport minister also announced a nationwide ban on e-scooters on sidewalks, effective September. A week prior to the announcements, a 25-year-old man riding an e-scooter had died after being hit by a truck. The report details other incidents, involving both riders and bystanders. In Sweden, “a 27-year-old man died in a crash while riding one of the electric vehicles in May”. In Barcelona, “a 92-year-old woman died in August 2018 after she was run over by an e-scooter — making it the first case of a pedestrian being killed by the electric vehicle”.

On July 26, 2019, CBC News reported that since e-scooters became available in Calgary, “Calgary emergency rooms have seen 60 patients with e-scooter-related injuries”. The report added that “[a]bout a third of them were fractures and roughly 10 per cent were injuries to the face and head”. These figures have triggered a study by the University of Calgary.

The Copenhagen Post reported on August 5, 2019, that a Capital Region release had identified “100 ‘scooter-related injuries’ this year” in Copenhagen. “Among those injured were several pedestrians, although it sounds like most of them tripped over discarded scooters. Only one ended up in hospital after being hit by one.”

The Guardian reported on August 11, 2019, that Paris had experienced its third e-scooter-related death in four months: “A 30-year-old man has been killed after being hit by a motorbike while riding his e-scooter on a French motorway.” The report went on to state that “[t]he scooter rider was not wearing a helmet and was reportedly travelling in the fast lane when the motorbike hit him from behind”, despite the fact that “[u]sing scooters on motorways is banned in France”. Moreover, “The day before the accident, a 27-year-old woman suffered serious head injuries after falling from an e-scooter she was using in a cycle lane in Lyon. A few days earlier a 41-year-old man had been seriously injured after falling from his e-scooter in Lille.” Finally, the report provided details on another, earlier e-scooter-related death in France: “An 81-year-old man died after he was reportedly knocked over by an e-scooter in Levallois-Perret, a Parisian suburb, in April.”

CityNews reported on August 13, 2019, as part of a short survey of European regulations, that “German police say seven people have been seriously injured and 27 suffered minor injuries in scooter accidents since mid-June, saying most were due to riders behaving carelessly.”

An article entitled “Sharing the sidewalk: A case of E-scooter related pedestrian injury” published in the American Journal of Emergency Medicine in June 2019 cites multiple studies corroborating the occurrence of pedestrian injuries: one from Israel found that, while pedestrians were 8.4% of the patients admitted for e-bike- and e-scooter-related injuries, they “were more severely injured; compared to electric scooter riders and electric bike riders, pedestrians have higher rates of head, face, and neck injuries; traumatic brain injuries; and hospital stays lasting more than a week”.

A pilot project with something like e-scooters should only be done if it has a sensible and needed stated purpose, and if it is safe. Given these known public safety problems, there is no need to do a pilot to discover whether e-scooters pose a public safety hazard. Moreover, it is wrong to experiment on human beings without their consent, to find out how much something is a threat to their lives or safety.

Our hospital emergency rooms are already over-burdened. The current Ontario Government promised to end “hallway medicine.” Yet if e-scooters are permitted in public places like roads or bike paths, their workloads will increase. The long waiting periods that patients must now endure at Ontario hospital emergency rooms will only get worse.

We therefore recommend that:

Recommendation #1

There should be no pilot project allowing e-scooters to be driven in public places in Ontario.

Extend the Current Public Consultation

If, despite the foregoing concerns, the Ontario Government plans to continue with the current e-scooter public consultation, it should significantly lengthen it. On Wednesday, August 28, 2019, just two days before the Labour Day long weekend, the Doug Ford Government quietly posted online, for a meager 48-hour public consultation, its proposal to allow e-scooters in Ontario for five years, for a trial period. Thankfully we were alerted to this by an AODA Alliance supporter, who was concerned about the safety risk that e-scooters posed for Ontarians with disabilities.

On August 29, 2019, the AODA Alliance quickly swung into action on this helpful tip. So did others, including Balance for Blind Adults and the CNIB. The media showed interest quite quickly. Indeed, the media coverage of our concerns with e-scooters has continued to this day, and has included national radio coverage on CBC.

Within hours, the Ford Government gave some ground, though not all the ground we had requested. Late on Thursday, August 29, 2019, the Government announced that it was extending its consultation on this issue to September 12, 2019.

For the Government to announce a public consultation on the eve of a long weekend is a well-known strategy for rushing forward with a decision to implement something new, without truly consulting the public, while wishing to appear that it has genuinely consulted the public. It is a fair inference to draw that the Government has been and continues to be actively lobbied by companies that rent e-scooters in the U.S. or elsewhere, in order to get the Government to permit them in Ontario. As noted later in this brief, the proposal of an excessively long five -year pilot project suggests an intent to get e-scooters deeply embedded in Ontario, and to make it harder to get them removed or effectively controlled.

It is essential for this consultation process to immediately and substantially slow down. If the Government is not prepared to withdraw its current consultation and go back to the drawing board, with a stronger commitment to protecting public safety, it should at least substantially lengthen the current public consultation period beyond September 12, 2019 For our part, we need more time to try to document the efforts that have been taken elsewhere to reduce or stop the use of e-scooters. Time has not allowed us to cover that here. That is a topic which a Government, engaging in proper due diligence to protect public safety, should have done, and made public, before venturing forward with a public consultation on a possible pilot project with e-scooters.

We therefore recommend that:

Recommendation #2

The Government should withdraw this e-scooter public consultation and go back to the drawing board. If it is not prepared to withdraw this public consultation on e-scooters, the Ontario Government should at least extend the consultation period to October 31, 2019.

Do Not Allow Rental of E-Scooters

It appears that at least in some if not most of the other jurisdictions where e-scooters have been allowed, a very common way that they are used is by companies renting them to the public, rather than by individuals buying them. Of course, the option to buy them was presumably available in those jurisdictions as well. It is reasonable to conclude that the lobbying of the Ford Government that has led to the current proposal for a five-year e-scooter pilot program comes from those big companies known in other jurisdictions to provide e-scooter rentals. See further the September 4, 2019 New York Times article set out in Appendix 3, at the end of this brief, and the September 10, 2019 article in the Toronto Star, quoted later in this brief.

By this rental model, a member of the public gets an app on their phone to sign up for these rentals. E-scooters are left around the city, tagged with a GPS chip. The individual uses the app to find the nearest e-scooter that is available. They pick it up and ride away. They presumably do not go to a store, or deal with anyone directly and in person from the rental company, when they are renting an e-scooter at roadside. When they are finished with the e-scooter, they leave it on a sidewalk, wherever they wish, and walk away. That e-scooter then sits there until another person, using the app, decides to take it away and ride it, leaving it somewhere else, once they are done.

The rental model for e-scooters presents several serious problems. It should be strictly forbidden.

First and foremost, having users randomly leave an e-scooter on a sidewalk or other like public place when they are finished with it creates significant and unpredictable new barriers against people with disabilities. these barriers can instantly pop up anywhere, unannounced, and then vanish before the police could get to the scene.

For people who are blind, deafblind or have low vision, they are a serious and unexpected tripping hazard. There is no way to plan a walking route to avoid them. They should not have to face the prospect of e-scooters potentially lying in their path at any time. we have received feedback about concerns with this from people with vision loss elsewhere where e-scooter rentals have been allowed.

As well, leaving an e-scooter randomly on sidewalks presents a serious new accessibility barrier for people who use a wheelchair, walker or other mobility device. For them, an e-scooter can prevent them from being able to continue along an otherwise-accessible sidewalk. They can turn an accessible route of travel into an inaccessible one. Here again, these are entirely unpredictable, since these barriers can pop up in an instant. For people with disabilities using a mobility device, the option of going up on the grass or down onto the road in the path of car traffic, to get around an e-scooter that was abandoned on the sidewalk, may not be accessible, feasible or safe. This is especially so for people with temporary or permanent balance issues.

The sidewalks or other public spaces should not be made available to the private companies who rent e-scooters as free parking spaces, fully subsidized by the taxpayer. Taxpayers paid for the construction and maintenance of sidewalks as a safe place to walk.

It is clear that the desire to have e-scooters left strewn on Ontario sidewalks is central to the desire of at least some businesses who want to offer e-scooters for rental in this province. According to a September 10, 2019 Toronto Star article, the CEO of Bird Canada, one of the private companies that is pressing to rent e-scooters in Ontario conceded that it is central to their business that e-scooters be left on Ontario sidewalks between trips with them. The article included:

“Barring e-scooters from city sidewalks, recommended by a city committee on Monday, would make it impossible to introduce the concept to Toronto, according to the CEO of Bird Canada, an e-scooter company hoping to launch here in the spring of 2020.

“If you can’t park them on the sidewalk and you can’t park them on the street, I guess we’re parking them in the air?” Stewart Lyons said.

“I don’t know where we’re parking them. They can’t fly.”

Lyons was speaking after the city’s infrastructure and environment committee passed a motion that would temporarily prevent e-scooters from occupying sidewalks – at least until city staff can come up with a better plan, expected later this year.

Lyons said being able to park e-scooters on some sidewalks is a key part of the e-scooter program.

He said it would be hard to create enough demand if the scooters can’t be made available to customers right where they live and work, arguing that docking stations, such as those used by the current Bike Share Toronto program, wouldn’t be accessible enough.

Currently, users in cities where shared e-scooter programs are in place can locate scooters near them using an app.”

It would not be good enough for the Government to try to regulate where the scooters are left, e.g. by enacting regulations that e-scooters may not be left to block the sidewalk. This would be very hard to enforce, since police are not on the scene wherever these e-scooters would be left. Our police and courts are already overburdened and do not need e-scooter enforcement to be added to their important workloads. There needs to be a strict ban in place precluding e-scooters ever being left in the sidewalk, given the experiences of which we have learned in other jurisdictions. An e-scooter left on the sidewalk should be simply treated as abandoned and forfeited.

Beyond the foregoing concerns, the rental model presents other safety risks. Under that model, a person could go into a bar, drink to excess, walk outside, look on their smart phone’s e-scooter app, and quickly find a nearby e-scooter to ride. That would expose the public to added risks. As it is, drunk driving is a troubling problem in our society that leads to deaths and serious injuries. Our Government should not expose the public to any more such risks.

Were an intoxicated person to walk into a car rental office and try to rent a car, they would have to deal with a human being, who no doubt would refuse to hand over the car keys. In the case of renting e-scooters via an app, there is no comparable control at the source, such as a salesperson, to refuse to hand over the keys.

It would be unthinkable for a car rental company to simply leave rental cars parked near a bar, with the keys in the car, so that anyone could instantly rent the car and drive it away just by clicking on a smart phone app. The danger to public safety would be obvious and intolerable. The same should go for e-scooters.

It is no answer to say that drunk driving is already illegal. We already know that that drinking and driving laws are too often disobeyed. Innocent people pay the price with permanent injuries or their lives. The Government should not make e-scooters available, increasing that risk.

We therefore recommend that:

Recommendation #3

The rental of e-scooters should be strictly forbidden, even if private ownership of an e-scooter by a user of that e-scooter were to be permitted.

Recommendation #4

There should be a strict ban on leaving an e-scooter in a public sidewalk or like location. If an e-scooter is left in such a place, it should be subject to immediate confiscation and forfeiture, as well as a strict penalty.

Require Beeping Sound from E-Scooters When Powered On

E-scooters are very quiet, if not silent, when being operated. It presents a significant safety risk for a virtually silent e-scooter to be hurtling towards a blind person at 32 kph. This is so whether the e-scooter is being driven on a road, or on a sidewalk) (where they are supposedly not to be permitted). They pose a similar risk to a sighted pedestrian who can hear, but who is not looking in the direction from which the e-scooter is coming. It must be remembered that not every road has a sidewalk.

We therefore recommend that:

Recommendation #5

If e-scooters are to be permitted in Ontario, they should be required to make an ongoing beeping sound when they are powered on, to warn others of their approach.

Reduce the Maximum E-scooter Speed Well Below 32 KPH

The faster an e-scooter goes, the less time its driver or a pedestrian has to avoid a collision. Moreover, the fast the e-scooter goes, the greater the potential harm caused by a collision.

There is no magic reason why an e-scooter should be allowed to travel at 32 KPH, just because e-bikes are allowed to go at that speed.

The Ontario Government should study the options for speed limits from other jurisdictions to determine the safest maximum speed, before embarking on any pilot project. A considerably slower speed limit should be set. It can always be raised later, if that is justified.

We therefore recommend that:

Recommendation #6

The speed limit for e-scooters should initially be set much lower than 32 KPH, such as 15 or 20 KPH, until a strong showing can be made that a higher speed limit poses no safety threat to the public.

Require That an E-scooter Driver Have a License and Proper Training

Because an e-scooter is a motor vehicle which can cause significant personal injuries to innocent pedestrians, a person should be required to get a license before they can drive an e-scooter. To qualify to get a license, a person should have to take appropriate training and show sufficient proficiency, including sufficient knowledge about the rules of the road and the threat to personal injuries that an e-scooter can cause.

We therefore recommend that:

Recommendation #7

A person wishing to drive an e-scooter should be required to first take required training on its safe operation and on the rules of the road, and then to obtain a license.

E-Scooters Should Be Licensed and Display a License Plate Number

It is important for each e-scooter to be licensed, and to display a license plate number, as is required for cars and motorcycles. This will make it far, far easier to enforce the law in case a person, driving an e-scooter, collides with a pedestrian, and then flees the scene. Without such a license requirement, it may well be impossible for an injured pedestrian to effectively identify the e-scooter that hit them, and thereby, to trace the driver in question.

We therefore recommend that:

Recommendation #8

Each e-scooter should be required to be licensed and to display a readily-seen license plate number.

The E-scooter’s Owner and Driver Should Be Required to Carry Valid Insurance

It is widely recognized that motor vehicles pose a risk to personal injury of other motorists and pedestrians. As a result, both the owner and driver of a motor vehicle are required to carry liability insurance. It is an offence to fail to carry proper insurance.

The same should be so for the owner and driver of an e-scooter. It is important for both to be insured, as is the case for other motor vehicles such as cars and trucks, so an injured victim can recover compensation from either or both, if injured.

This is especially important where, as here, it is known that e-scooters pose a real risk of personal injury. The victims of such injuries, and the taxpayers who pay for our health system, should not be left holding the bag when it comes to the consequences of the use of e-scooters.

We therefore recommend that:

Recommendation #9

The owner and driver of an e-scooter should be required to carry sufficient liability insurance for injuries or other damages that the e-scooter causes to others.

Helmets Should Be Required for All E-Scooter Drivers, No Matter What Their Age Is

The use of an e-scooter can result in injuries to the driver, and not just to innocent pedestrians. This obviously can include head injuries.

A helmet is an important safety measure to at least try to reduce some of the harmful impacts on the driver of a fall from the e-scooter. Yet the Ford Government is only proposing during its pilot project to require an e-scooter driver to wear a helmet if they are between the ages of 16 and 18.

Yet people 18 or older are equally exposed to the risk of head injuries. This creates an undue risk of increased injuries to drivers. That is bad for the drivers themselves and for their families. It also creates an unnecessary and unfair burden for the taxpayer, who will have to cover the health and other social safety net costs of those injuries to the e-scooter drivers.

We therefore recommend that:

Recommendation #10

All e-scooter drivers, regardless of their age, should be required to wear a helmet whenever operating an e-scooter.

If There Is to Be a Pilot Period with E-scooters, It Should Be Much Shorter Than Five Years and For A Smaller Part of Ontario

The Ford Government is proposing an e-scooter pilot project for the entirety of Ontario, to last fully five years. There is serious reason to doubt whether the Government means this as a pilot project. It appears far more likely that the Government means for this to be a way to embed e-scooters as a done deal, a permanent fixture in Ontario. After five years, the Government and the e-scooter rental companies that are lobbying to get them into Ontario may well be hoping that it will be much harder to reduce or eliminate them, if they are already entrenched around Ontario. This is a real problem facing those jurisdictions that have already allowed e-scooters to proliferate, and that now have serious concerns about their impact.

There is no reason for a pilot project to last for a long five years. A much shorter period is warranted, in order to assess their impact. This is so especially since there are other jurisdictions which have already in effect served as a pilot project for Ontario. They have allowed e-scooters, with all the accompanying problems. As noted earlier, Ontario should study their impact in those other jurisdictions first, rather than exposing Ontarians to the risk of personal injury. Only if that study reveals that e-scooters can be safely introduced in Ontario should a pilot project be even considered for Ontario.

If, despite our documented serious concerns about e-scooters, a pilot project is to take place in Ontario, it should be conducted for a far shorter period, such as six months. A proper assessment of their impact should be assigned to an arms-length organization with expertise in public safety.

There is no reason why a pilot project should take place across the entirety of Ontario. Instead, a specific region or community should be selected. That community should first be given the right to consent or reject the proposal on behalf of its citizens.

We therefore recommend that:

Recommendation #11

No e-scooter pilot project should be held in Ontario until the Ontario Government effectively studies the impact on public safety of e-scooters in jurisdictions that have allowed them, and on options for regulatory controls of them, and has made the details of these public. A pilot project should only be held in Ontario if public safety can be fully and effectively protected.

Recommendation #12

If Ontario is to hold an e-scooter pilot project, it should only take place for a period much shorter than five years, e.g. six months, and should only take place in a specific community that has consented to permit that pilot project there.

Recommendation #13

If Ontario is to hold an e-scooter pilot project, the Ontario Government should retain a trusted independent organization with expertise in public safety to study the impact of e-scooters during that pilot project, and to make the full results of that study public.

A Ban on Riding E-scooters on Sidewalks Is Insufficient to Address Public Safety Concerns

To address the safety and accessibility concerns in this brief, it would be insufficient to simply ban the riding of e-scooters on sidewalks. Such a ban is of course needed, but would be insufficient to solve problems caused by e-scooters. e-scooters present safety issues on public roads, not just on sidewalks. Moreover, it will be extremely difficult if not impossible to effectively police a ban on e-scooters on sidewalks. Even though bicycles are not supposed to be ridden on public sidewalks, pedestrians know that a good number of cyclists nevertheless ride their bikes on sidewalks from time to time, without much fear of law enforcement.

Especially if an e-scooter is not licensed and does not bear a plainly visible license plate number, it would too often be hard if not impossible for an injured pedestrian to report to police on someone who unlawfully rode an e-scooter on the sidewalk. It will be hard if not impossible to reliably identify the offender in a way that will stand up in court. Eyewitness identification evidence is notoriously hard to present in court.

Blind people, or people with low vision or who are deafblind can face the risk of injuries without any practical way to identify the e-scooter driver who hit them, or who left their e-scooter on the sidewalk.

We therefore recommend that:

Recommendation #14

The Government should not treat a ban on riding e-scooters on the sidewalk, while necessary, as a sufficient protection against the threat to public safety that e-scooters present.

There Should Be No Comparable Restrictions on Powered Scooters Used as a Mobility Aid for People with Disabilities

We emphasize that in raising these concerns with e-scooters, nothing should be done to restrict the current availability and use of powered scooters as a mobility aid for people with various disabilities. These are not in the same class of vehicle as e-scooters, addressed in this brief. They do not present the concerns raised in this brief. As we understand it, they do not travel at the kinds of speeds that an e-scooter can travel. They are an essential form of adaptive technology for people with disabilities.

We therefore recommend that:

Recommendation #15

nothing should be done to reduce or restrict the availability or use of powered mobility devices used by people with disabilities.

Don’t Allow E-scooters and Then Leave It to Municipalities To Fix the Problems this Presents

An option the Ontario Government might be considering is to allow the use of e-scooters, either by owning or renting them, and then leaving it to each municipal government to regulate them, or to decide if they will be permitted in that municipality. This is no solution, for the following reasons.

First, as documented in this brief, the public safety and accessibility problems with e-scooters are already known. They would recur across Ontario. They do not vary from municipality to municipality.

Second, people with disabilities should not have to shoulder the burden of having to campaign, in each municipality across Ontario, to prevent the creation of these new accessibility barriers and safety threats. No doubt the e-scooter rental companies would prefer e-scooters to be permitted across Ontario, but would, as a second choice, welcome the chance to target municipalities and lobby them to permit them on very liberal terms.

Third, our municipalities and municipal taxpayers have more than enough on their plates to deal with now. They don’t need the Ontario Government to create a new problem for them, and then leave them with the burden to cope with the consequences and clean up the consequent mess.

We therefore recommend that:

Recommendation #16

The Ontario Government should not permit e-scooters and then leave it to each municipality to regulate them or leave it to each municipality to decide if they want to permit e-scooters.

There Are Important Differences Between E-bikes and E-scooters

It would be wrong for the Government to proceed on the basis that it should allow e-scooters by virtue of the fact that it already allows e-bikes, for several reasons. First, if, as we have shown, e-scooters present a safety risk, that safety risk neither magically vanishes nor in any way reduces just because Ontario now allows e-bikes.

Second, there are some important differences between the two. A person cannot ride an e-bike unless they already know how to ride a bike. In contrast, a person with no prior experience can, in some other jurisdictions, pay a rental fee, hop on an e-scooter, and immediately start racing in public at 32 KPH. As well, we are not aware of any companies that rent e-bikes on the terms used elsewhere for e-scooters, where they are regularly left as barriers in the middle of sidewalks.

Because this e-scooter consultation has been so rushed, we have not had a sufficient opportunity to explore the full ramifications of e-bikes beyond this. This is yet another reason why this hasty public consultation should be withdrawn or lengthened.

We also emphasize that there are key differences between an e-scooter and a non-motorized bicycle. While some can ride a bike quite fast, a novice cannot simply hop on a bike and race at 32 KPH. Moreover, a regular bike is not a motor vehicle. An e-scooter is a motor vehicle.

Appendix 1 List of Recommendations in This Brief

Recommendation #1

There should be no pilot project allowing e-scooters to be driven in public places in Ontario.

Recommendation #2

The Government should withdraw this e-scooter public consultation and go back to the drawing board. If it is not prepared to withdraw this public consultation on e-scooters, the Ontario Government should at least extend the consultation period to October 31, 2019.

Recommendation #3

The rental of e-scooters should be strictly forbidden, even if private ownership of an e-scooter by a user of that e-scooter were to be permitted.

Recommendation #4

There should be a strict ban on leaving an e-scooter in a public sidewalk or like location. If an e-scooter is left in such a place, it should be subject to immediate confiscation and forfeiture, as well as a strict penalty.

Recommendation #5

If e-scooters are to be permitted in Ontario, they should be required to make an ongoing beeping sound when they are powered on, to warn others of their approach.

Recommendation #6

The speed limit for e-scooters should initially be set much lower than 32 KPH, such as 15 or 20 KPH, until a strong showing can be made that a higher speed limit poses no safety threat to the public.

Recommendation #7

A person wishing to drive an e-scooter should be required to first take required training on its safe operation and on the rules of the road, and then to obtain a license.

Recommendation #8

Each e-scooter should be required to be licensed and to display a readily-seen license plate number.

Recommendation #9

The owner and driver of an e-scooter should be required to carry sufficient liability insurance for injuries or other damages that the e-scooter causes to others.

Recommendation #10

All e-scooter drivers, regardless of their age, should be required to wear a helmet whenever operating an e-scooter.

Recommendation #11

No e-scooter pilot project should be held in Ontario until the Ontario Government effectively studies the impact on public safety of e-scooters in jurisdictions that have allowed them, and on options for regulatory controls of them, and has made the details of these public. A pilot project should only be held in Ontario if public safety can be fully and effectively protected.

Recommendation #12

If Ontario is to hold an e-scooter pilot project, it should only take place for a period much shorter than five years, e.g. six months, and should only take place in a specific community that has consented to permit that pilot project there.

Recommendation #13

If Ontario is to hold an e-scooter pilot project, the Ontario Government should retain a trusted independent organization with expertise in public safety to study the impact of e-scooters during that pilot project, and to make the full results of that study public.

Recommendation #14

The Government should not treat a ban on riding e-scooters on the sidewalk, while necessary, as a sufficient protection against the threat to public safety that e-scooters present.

Recommendation #15

nothing should be done to reduce or restrict the availability or use of powered mobility devices used by people with disabilities.

Recommendation #16

The Ontario Government should not permit e-scooters and then leave it to each municipality to regulate them or leave it to each municipality to decide if they want to permit e-scooters.

Appendix 2 The Ford Government’s 48-Hour Pre-Labour Day Public Consultation on Allowing Electric Scooters in Ontario

Originally posted at https://www.ontariocanada.com/registry/view.do?postingId=30207&language=en

Kick Style Electric Scooter (E-Scooter)

 

Background:

 

The Ministry of Transportation (MTO) is strongly committed to promoting the highest standards of safety for all Ontarians who travel on our roads, including drivers, cyclists, and pedestrians, and will continue working with all our partners on measures that enhance this objective. Trends and technology are evolving, with new forms of vehicles such as e-scooters entering the market.

MTO is interested in new and environmentally-friendly vehicles, however it is important that new vehicles are constructed with appropriate safety features to allow safe integration with all other road users.

MTO is considering the following proposal and invites you to submit your comments for consideration.

E-Scooters

 

E-scooters have been launched in more than 125 cities across the United States. They represent a new way for residents to get around their communities, are seen as providing first and last mile connections to transit, and represent an opportunity to reduce traffic congestion.

E-scooters are currently not permitted to operate on roads in Ontario as they do not meet any federal or provincial safety standards for on-road use. These devices may only be operated where Ontario’s Highway Traffic Act (HTA) does not apply such as private property.

The ministry is interested in exploring the feasibility of these vehicles safely integrating with other road users while promoting road safety and fostering business innovation in the province.

 

MTO is soliciting public comment on potentially permitting the use of e-scooters on roads in Ontario as part of a pilot project. This will allow the ministry to ensure e-scooters can be safely integrated with other road users before a final, permanent, regulatory decision is made.

 

 

 

Proposed E-Scooter Pilot Framework:

 

Pilot Duration:

The length of the pilot will be for a prescribed period of 5 years, to ensure sufficient time to effectively monitor and evaluate the pilot results.

 

Operator/Rider/Vehicle Requirements Include:

 

  • Can operate on-road similar to where bicycles can operate; prohibited on controlled access highways
  • Minimum operating age 16
  • Bicycle helmet required for those under 18 years old
  • No passengers allowed
  • Maximum operating speed 32 km/h
  • No pedals or seat allowed
  • Must have 2 wheels and brakes
  • Maximum wheel diameter 17 inches
  • Must have horn or bell
  • Must have front and back light
  • Maximum weight 45kg and Maximum power output 500W

Data Collection:

 

  • Municipalities to remit data to the province, as requested

 

Appendix 3 The New York Times September 4, 2019

Originally posted at https://www.nytimes.com/2019/09/04/technology/san-diego-electric-scooters.html?smid=nytcore-ios-share

Welcome to San Diego. Don’t Mind the Scooters.

A year ago, electric rental scooters were hailed as the next big thing in transportation. But their troubles in San Diego show how the services have now hit growing pains.

Companies distribute scooters around cities, often on sidewalks. In the area around Mission Beach, one of San Diego’s main beaches, 70 scooters lined a single side of one block in July. By

Erin Griffith

Sept. 4, 2019

SAN DIEGO — The first thing you notice in San Diego’s historic Gaslamp Quarter is not the brick sidewalks, the rows of bars and the roving gaggles of bachelorette parties and conferencegoers, or even the actual gas lamps.

It’s the electric rental scooters. Hundreds are scattered around the sidewalks, clustered in newly painted corrals on the street and piled up in the gutters. In early July, one corner alone had 37. In the area around Mission Beach, one of the city’s main beaches, a single side of one block had 70. Most sat unused.

Since scooter rental companies like Bird, Lime, Razor, Lyft and Uber-owned Jump moved into San Diego last year, inflating the city’s scooter population to as many as 40,000 by some estimates, the vehicles have led to injuries, deaths, lawsuits and vandals. Regulators and local activists have pushed back against them. One company has even started collecting the vehicles to help keep the sidewalks clear.

“My constituents hate them pretty universally,” said Barbara Bry, a San Diego City Council member. She called for a moratorium on the scooters when they arrived, saying they clogged sidewalks and were a danger to pedestrians.

San Diego’s struggle to contain the havoc provides a glimpse of how reality has set in for scooter companies like Bird and Lime. Last year, the services were hailed as the next big thing in personal transportation. Investors poured money into the firms, valuing Bird at $2.3 billion and Lime at $2.4 billion and prompting an array of followers.

At the end of a rental period, a rider leaves the scooter for the next customer to retrieve. CreditTara Pixley for The New York Times

The scooter companies distribute their electric vehicles around cities and universities — often on sidewalks — and rent them by the minute via apps. At the end of a rental period, a rider leaves the scooter for the next customer to retrieve. Scooter speeds vary by company, model and city, as do helmet laws, although helmets generally are not required.

But now, skepticism about scooter services is rising. Some cities, including San Francisco, Paris, Atlanta and Portland, Ore., have imposed stricter regulations on scooter speed limits, parking or nighttime riding. Columbia, S.C., has temporarily banned them. New York recently passed legislation that would allow scooters to operate in some parts of New York City, but not in Manhattan.

Safety has become a big issue. A three-month study published in May from the Centers for Disease Control and Prevention and the Public Health and Transportation Departments of Austin, Tex., found that for every 100,000 scooter rides, 20 people were injured. Nearly half of the injuries were to the head; 15 percent of those showed evidence of traumatic brain injury.

Bird, Lime and Skip are trying to secure new funding, according to three people familiar with the talks, who declined to be identified because the discussions were not finished. In May, Lime replaced its chief executive; several other top executives also left. And in July, Bird’s chief executive called a report about the company’s losses “fake.”

Scooters are “a fun and convenient mode of transportation that really does put people at risk and introduces significant spatial challenges to the civic commons,” said Adie Tomer, a metropolitan policy fellow at the Brookings Institution. “Those tensions are not going anywhere anytime soon.”

Bird declined to comment.

Many scooter companies miscalculated how long the scooters would last — often not long enough for rental fees to cover their costs — and are struggling with profitability, acknowledged Sanjay Dastoor, Skip’s chief executive. His company has designed a way to produce more durable scooters that can be repaired more easily and last long enough to turn a profit, he said, allowing it to “run a safe fleet that we are proud of.”

Lindsey Haswell, Lime’s head of communications, said new industries often faced regulatory challenges, “but our investors are willing to take the long view.” She added that the issues in San Diego did not reflect the global scooter market. Lime has provided more than three million trips in San Diego, she said, and has “as many supporters as we have detractors” there.

Hans Tung, an investor at GGV, which has backed Lime, said he was encouraged by the company’s progress and was confident it would make its scooters safe and profitable. “I don’t see how that couldn’t be achieved,” he said.

Bird and Lime deployed their scooters in San Diego in February 2018, followed by other companies. The start-ups pitched themselves as environmentally friendly, a message that jibed with San Diego’s goal to reduce greenhouse emissions.

San Diego initially took a hands-off approach. The scooters became popular, with an average of 30,000 riders per day, according to city officials.

“Millennials and post-millennials want to live in a thriving, bustling city that has dynamic choices for mobility,” said Erik Caldwell, San Diego’s deputy head of operations for smart and sustainable communities.

But as more scooters flooded San Diego last summer, local business owners and residents began objecting. Alex Stennet, a bouncer at Coyote Ugly Saloon in the Gaslamp District, said people tripped over the vehicles and threw them around. He said he had witnessed at least 20 scooter accidents in front of Coyote Ugly.

ScootScoop has deals with 250 local businesses to remove scooters; it has towed more than 12,500. CreditTara Pixley for The New York Times

Dan Borelli, who owns a bike rental shop called Boardwalk Electric Rides in Pacific Beach, said the scooters frequently blocked the entrance to his store. In July 2018, he teamed up with John Heinkel, owner of a local towing company, to haul away scooters that they deemed to be parked on private property. They charge Bird, Lime and others a retrieval fee of $50 per scooter, plus $2 for each day of storage.

Their company, ScootScoop, has essentially turned them into scooter bounty hunters. They said they have struck deals with 250 local businesses and hotels and have towed more than 12,500 scooters. Some scooter companies have paid to get them back, they said.

In March, Lime and Bird sued Mr. Borelli and Mr. Heinkel for the scooter removals. ScootScoop countersued Bird and Lime last week.

Other cities have called ScootScoop for advice, Mr. Borelli said. Mr. Heinkel said the scooter companies underestimated them. “They assumed we were two hillbillies in a pickup truck, as opposed to business owners,” he said.

Lime’s Ms. Haswell said Mr. Borelli and Mr. Heinkel “are opportunistic businessmen who troll the streets stealing scooters, with no respect for the law, trying to make a profit at San Diego’s expense.”

Late last year, the scooters turned from annoyances into hazards. In December, a man in Chula Vista, a San Diego suburb, died after he was hit by a car while riding a Bird scooter, according to the Chula Vista Police Department. A tourist died a few months later after crashing his rental scooter into a tree. Another visitor died of “blunt force torso trauma” after his scooter collided with another, the San Diego Police Department said.

The department said it counted 15 “serious injury collisions” involving scooters in the first half of this year. Last month, three separate scooter-related skull fractures happened in one week.

On one day in July, there were 150 available Bird scooters within a two-block radius in Mission Beach.CreditTara Pixley for The New York Times

Scooter parking corrals were introduced in July as part of San Diego’s new rules. CreditTara Pixley for The New York Times

As the injuries piled up, Safe Walkways, an activist group, amassed hundreds of members in a Facebook group to oppose the scooters and file complaints to government agencies. In April, around 50 protesters gathered on Mission Beach’s boardwalk with signs bearing messages like “Safety Not Scooters” and “BoardWALK.”

Lawsuits have also piled up. Clients of Matthew Souther, an attorney at Neil Dymott, filed a potential class action suit in March that accused Bird, Lime and the City of San Diego of not complying with disability rights laws to keep sidewalks clear. He said he was working on a dozen other injury lawsuits against scooter companies.

San Diego has started cracking down on the scooters. In July, the city enacted rules restricting where they could be parked and driven and issued permits for 20,000 scooters, across all companies, to operate. In three days that month, authorities impounded 2,500 scooters that violated parking rules. San Diego later sent notices of violations to Bird, Lyft, Lime and Skip.

Last month, San Diego told Lime that it planned to revoke its permit to operate in the city because of the violations, pending a hearing.

Christina Chadwick, a spokeswoman for San Diego’s mayor, Kevin Faulconer, said the scooter operators had been warned that the city would aggressively monitor them.

To deal with critics and improve safety and costs, the scooter companies have upgraded their fleets with sturdier scooters. Bird has said its Bird Zero model, which makes up a majority of its fleet, lasts an average of 10 months, compared with three months for past models. Skip recently announced a scooter with modular parts, which makes repairs easier.

And after a year recalling scooters with cracked baseboards and batteries that caught fire, Lime has introduced new vehicles with bigger wheels and baseboards, as well as interchangeable batteries and parts.

Ms. Haswell said Lime was eager to show the progress it had made. “We admit that we haven’t always gotten it right in San Diego,” she said.

Erin Griffith reports on technology start-ups and venture capital from the San Francisco bureau. Before joining The Times she was a senior writer at WIRED and Fortune. @eringriffith

A version of this article appears in print on Sept. 4, 2019, Section B, Page 1 of the New York edition with the headline: San Diego’s Scooter Tryout Gets Off to a Bumpy Start. Order Reprints

 



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The Ford Government Issues a Very Weak Policy Directive to Ontario School Boards on Addressing Requests by a Student with a Disability to Bring Their Service Animal to School


There Is No Assurance It Will Make It Easier for Students with Disabilities to Bring a Service Animal to an Ontario School

Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

September 10, 2019

SUMMARY

On September 9, 2019, the Ford Government issued a palpably weak policy direction to Ontario school boards on how to handle requests by students with disabilities to permit them to bring a service animal to school. It is good that this policy direction requires every Ontario school board to develop a policy for dealing with such requests. However, it falls far short of what students with disabilities and their families need. It does not require those school board policies to be good. It does not ensure that students with disabilities will be more readily able to bring a service animal to school than has been the case in the past, even though the Tories talked about making that easier, during the 2018 Ontario election campaign.

The Ford Government’s new policy direction to school boards, set out below, reads as if the school boards themselves wrote it, in order to require little of them, while appearing to show provincial leadership. The provincial policy wastefully requires each of over 70 school boards to reinvent the wheel. It burdens students with disabilities and their families with having to once again lobby every one of those school boards. Doug Ford’s policy directive provides no assurance of consistency across the province.

There are several deficiencies with the new provincial policy directive. For example:

* The provincial policy directive ultimately leaves it to over 70 school boards to invent their own rules on when they will permit a student with a disability to bring a service animal to school. In that regard, it largely sets no provincial standards at all. Each school is to decide each case, on a case-by-case basis. That really says nothing new.

* While the new provincial policy directive refers in brief and summary terms to the duty to accommodate students with disabilities under the Ontario Human Rights Code, Doug Ford’s policy new directive ultimately leaves it to school boards to decide when it is “appropriate” to allow a student to bring a service animal to school. The Ontario Human Rights Code does not, however, make the test a sweeping open-ended and unpredictable one of “appropriateness”.

* The provincial policy erroneously does not direct school boards that they should allow for trial periods with a service animal before refusing this accommodation outright for a student.

* The provincial policy directive erroneously focuses on requiring or considering documentation from “medical professionals.” Of course, it should be open to a student with a disability or their family to bring forward medical documentation if they wish. However, doctors likely have no expertise in this area. People with disabilities have for years battled against the undue medicalization of their disability accessibility and accommodation needs.

Two years ago, the Human Rights Tribunal of Ontario rendered a seriously flawed decision in this area. The Waterloo Catholic District School Board had wrongly refused to let a student with autism bring his autism service dog to school. The family took the case to the Human Rights Tribunal of Ontario. Shockingly, the family lost the case.

In a detailed article to be published in the National Journal of Constitutional Law, AODA Alliance Chair David Lepofsky shows that the human rights ruling is riddled with errors. Doug Ford’s new provincial policy directive does not address and solve those problems. That article can be downloaded by visiting https://www.aodaalliance.org/whats-new/how-ontarios-human-rights-tribunal-went-off-the-rails-in-an-important-disability-accessibility-case-read-the-new-article-by-aoda-alliance-chair-david-lepofsky-on-the-tribunals-ruling-against-an/

Here, the Ford Government had a great opportunity to do much better that it has done. For years, Ontario has had a patchwork of different practices from school board to school board. Some allow service animals. Some do not. Some have no policy. The Ford Government could and should have surveyed the policies of those Ontario school boards that allow service animals, and drawn on the best of them to create a strong, inclusive provincial policy for all school boards to follow, that would be more favourable to meeting the needs of students with disabilities . Instead, the Ford Government dropped the ball and did a tremendous disservice to students with disabilities.

Perhaps the most stunning illustration of the deficiency in this new provincial policy is that under it, the family that fought the Waterloo Catholic District School Board a few years ago in that human rights case could well have ended up with the same refusal from that school board, had this provincial policy been in place at that time. It is a matter of public record that the mother of the student in that case, Ms. Amy Fee, has since won a seat in the Ontario Legislature, as a Conservative MPP. The Ford Government should have been prepared to do better for her and for the other families in her situation.

The Ford Government should quickly issue a supplemental policy to strengthen its weak September 9, 2019 provincial directive to school boards. It will also now be up to the K-12 Education Standards Development Committee to try to set strong provincial accessibility standards in this area. The Ford Government had frozen its work for over one year. It is having its first preliminary conference call this afternoon to initiate the resumption of its work. MORE DETAILS
New Ford Government Policy Direction to Ontario School Boards on Allowing Students with Disabilities to Bring A Service Animal to School in Ontario

Originally posted at: http://www.edu.gov.on.ca/extra/eng/ppm/ppm163.pdf Policy/Program Memorandum No. 163
Date of Issue: September 9, 2019
Effective: Subject: Until revoked or modified
Application: School Board Policies on Service Animals
Directors of Education
Supervisory Officers and Secretary-Treasurers of School Authorities Executive Director, Provincial and Demonstration Schools Principals of Elementary Schools
Principals of Secondary Schools

Purpose
All school boards1 in Ontario are required to develop, implement, and maintain a policy on student use of service animals in schools.2 The purpose of this memorandum is to provide direction to school boards on the development and implementation of their policy. The ministry’s expectations regarding the components of a board’s policy are identified in this memorandum as well as the implementation and reporting requirements.

School boards are expected to:
* allow a student to be accompanied by a service animal in school when doing so would be an appropriate accommodation to support the student’s learning needs and would meet the school board’s duty to accommodate students with disabilities under the Ontario Human Rights Code;
* make determinations on whether to approve requests for a service animal on a case-by-case basis, based on the individual needs of each student;
* put in place consistent and transparent processes that allow for meaningful consideration of requests for service animals to accompany students in school.

This memorandum applies to all publicly funded elementary and secondary schools, including extended-day programs operated by school boards. However, this memorandum does not apply to licensed child-care providers, including those operating on the premises of publicly funded schools.

Context

The Ministry of Education is committed to supporting school boards in providing appropriate accommodations to all students with demonstrable learning needs, including special education programs and services in Ontario’s schools.

The term “service animal” refers to any animal that provides support to a person with a disability. Traditionally, service animals have been dogs, and dogs remain the most common species of service animal; however, other species may also provide services to individuals with disabilities. The types of functions performed by service animals are diverse, and may or may not include sensory, medical, therapeutic, and emotional support services.
In Ontario, the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) sets out a framework related to the use of service animals by individuals with a disability. The Blind Persons’ Rights Act sets out a framework specifically for the use of guide dogs for individuals who are blind.

People with disabilities who use service animals to assist them with disability-related needs are protected under the ground of “disability” in the Ontario Human Rights Code. Under the Human Rights Code, school boards have a duty to accommodate the needs of students with disabilities up to the point of undue hardship. The Ontario Human Rights Commission’s Policy on Accessible Education for Students with Disabilities (2018) states that: “Depending on a student’s individual needs and the nature of the education service being provided, accommodations may include . . . modifying ‘no pets’ policies to allow guide dogs and other service animals.”3

Nothing in this memorandum detracts from other legal obligations of school boards under applicable law, including the Ontario Human Rights Code.

Definition of “Service Animal”

In the context of this memorandum, “service animal” means an animal that provides support relating to a student’s disability to assist that student in meaningfully accessing education. Due consideration should be given to any documentation on how the service animal assists with the student’s learning needs, and disability-related needs (e.g., documentation from the student’s medical professionals).

School boards must make a determination, on a case-by-case basis, as to whether a service animal may accompany a student taking into account all the circumstances, including the needs of the student and the school community and a school board’s obligation to provide meaningful access to education.

School boards may also consider including service animals in training in their service animal policies.

Components of School Board Policies on Service Animals
When developing their policy on student use of service animals, school boards must respect their obligations under the Ontario Human Rights Code, the AODA, the Blind Persons’ Rights Act, and collective agreements as well as other applicable laws and government policies. When developing their policies on student use of service animals, school boards are encouraged to consult with local partners, as appropriate.

Each school board policy on student use of service animals must contain, at a minimum, the following components:

Communication Plan. The school board policy should say how the school board will inform the school community about the process by which parents4 can apply to have their child’s service animal in the school. It should also say how it will inform the school community of the presence of any service animals at the school.

Process. The school board policy should lay out how requests for students to be accompanied by service animals in schools can be made and the steps in the school board decision-making process. School board processes must be timely, equitable, and readily available, and decisions must be based on a student’s individual strengths and needs.

Policies should include the following:
* a clearly articulated process for a parent to follow when making a request for a student to be accompanied by a service animal in school, including: o a primary point of contact;
o supporting materials for initiating requests(e.g., templates);
* information around the process through which a determination is made about whether or not a service animal is an appropriate accommodation. This could include:
o a meeting or meetings for all appropriate parties(e.g., parents, school staff) to discuss the request for a service animal; o a list of documentation that a parent must provide;
o a list identifying who must be consulted in making the determination;
* information about the factors the board will consider when making a case-by-case determination, including:
o any documentation on how the service animal supports the student’s learning needs and/or disability-related needs, including documentation from the student’s medical professionals; o the disability-related needs and learning needs of the student; o other accommodations available;
o the rights of other students and the needs of the school community; o any training or certification of the service animal;
o any special considerations that may arise if the animal is a species other than a dog;
* consideration of privacy rights of the student seeking to bring a service animal to school;
* information about how the school board will document its decision regarding a request. For example, if a school board approves a request, that information could be recorded in the student’s Individual Education Plan (IEP), if one exists;
* if the school board approves a request for a service animal: a process for developing a plan that addresses:
o the ongoing documentation required for the animal(e.g., annual vaccination records); o the type of support the service animal will provide to the student; o who will be the handler of the service animal while at the school;
o a plan for how the care of the animal will be provided(including supporting the safety and biological needs of the animal); o how the animal will be readily identifiable;
o transportation of the animal to and from school;
o time line for implementation;
* if the school board approves a request for a service animal: strategies for sharing information with members of the broader school community who may be impacted by the decision (e.g., other students, parents, educators, school staff, volunteers, Special Education Advisory Committees) and organizations that use the school facilities (e.g., licensed child-care providers operating in schools of the board), while identifying how the student’s privacy will be considered;
* if the school board denies a request for a service animal: a statement that the school board will provide a written response to the family that made the request in a timely manner.

Health, Safety, and Other Concerns. The school board policy should include a protocol for the board to hear and address concerns from other students and staff who may come in contact with a service animal, and from parents of other students, including health and safety concerns such as allergies and fear or anxiety associated with the animal. Wherever possible, school boards should take steps to minimize conflict through cooperative problem-solving, and/or other supports which may include training for staff and students.

Roles and Responsibilities. The school board policy should clearly outline the roles and responsibilities of students, parents, and school staff regarding service animals at school, taking into account local circumstances.

Training. The school board policy should consider strategies for providing training related to service animals, as appropriate, for school staff who have direct contact with service animals in schools.

Review of School Board Service Animal Policies and Data Collection. The school board policy should be reviewed by the board on a regular basis.

School boards are expected to develop a process for data collection and to collect data regularly, including, but not limited to:

* total number of requests for students to be accompanied by service animals; * whether requests are for elementary or secondary school students; * the number of requests approved and denied;
* if denied, the rationale for the decision, including a description of other supports and/or services provided to the student to support their access to education; * species of service animals requested and approved;
* types of needs being supported (e.g., medical, physical, emotional).

School boards should use this data to inform their cyclical policy reviews.

Implementation

School boards must implement and make publicly available on their websites their newly developed or updated policies and procedures on student use of service animals by January 1, 2020.

School Board Reporting
School boards are required to report to the Ministry of Education, upon request, regarding their activities to achieve the expectations outlined in this memorandum. This could include specific data collected.
1 In this memorandum, school board(s) and board(s) refer to district school boards and school authorities. This memorandum also applies to Provincial and Demonstration Schools.
2 2. This policy is established under the authority of paragraph 29.5 of subsection 8(1) of the Education Act and school boards are required to develop their policies on service animals in schools in accordance with this policy.
3 Policy on Accessible Education for Students with Disabilities (Ontario: Ontario Human Rights Commission, 2018), pp. 5960.
4 4. In this memorandum, parent(s) refers to parent(s) and guardian(s).




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The Ford Government Issues a Very Weak Policy Directive to Ontario School Boards on Addressing Requests by a Student with a Disability to Bring Their Service Animal to School – There Is No Assurance It Will Make It Easier for Students with Disabilities to Bring a Service Animal to an Ontario School


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

The Ford Government Issues a Very Weak Policy Directive to Ontario School Boards on Addressing Requests by a Student with a Disability to Bring Their Service Animal to School – There Is No Assurance It Will Make It Easier for Students with Disabilities to Bring a Service Animal to an Ontario School

September 10, 2019

          SUMMARY

On September 9, 2019, the Ford Government issued a palpably weak policy direction to Ontario school boards on how to handle requests by students with disabilities to permit them to bring a service animal to school. It is good that this policy direction requires every Ontario school board to develop a policy for dealing with such requests. However, it falls far short of what students with disabilities and their families need. It does not require those school board policies to be good. It does not ensure that students with disabilities will be more readily able to bring a service animal to school than has been the case in the past, even though the Tories talked about making that easier, during the 2018 Ontario election campaign.

The Ford Government’s new policy direction to school boards, set out below, reads as if the school boards themselves wrote it, in order to require little of them, while appearing to show provincial leadership. The provincial policy wastefully requires each of over 70 school boards to reinvent the wheel. It burdens students with disabilities and their families with having to once again lobby every one of those school boards. Doug Ford’s policy directive provides no assurance of consistency across the province.

There are several deficiencies with the new provincial policy directive. For example:

* The provincial policy directive ultimately leaves it to over 70 school boards to invent their own rules on when they will permit a student with a disability to bring a service animal to school. In that regard, it largely sets no provincial standards at all. Each school is to decide each case, on a case-by-case basis. That really says nothing new.

* While the new provincial policy directive  refers in brief and summary terms to the duty to accommodate students with disabilities under the Ontario Human Rights Code, Doug Ford’s policy new directive ultimately leaves it to school boards to decide when it is “appropriate” to allow a student to bring a service animal to school. The Ontario Human Rights Code does not, however, make the test a sweeping open-ended and unpredictable one of “appropriateness”.

* The provincial policy erroneously does not direct school boards that they should allow for trial periods with a service animal before refusing this accommodation outright for a student.

* The provincial policy directive erroneously focuses on requiring or considering documentation from “medical professionals.” Of course, it should be open to a student with a disability or their family to bring forward medical documentation if they wish. However, doctors likely have no expertise in this area. People with disabilities have for years battled against the undue medicalization of their disability accessibility and accommodation needs.

Two years ago, the Human Rights Tribunal of Ontario rendered a seriously flawed decision in this area. The Waterloo Catholic District School Board had wrongly refused to let a student with autism bring his autism service dog to school. The family took the case to the Human Rights Tribunal of Ontario. Shockingly, the family lost the case.

In a detailed article to be published in the National Journal of Constitutional Law, AODA Alliance Chair David Lepofsky shows that the human rights ruling is riddled with errors. Doug Ford’s new provincial policy directive does not address and solve those problems. That article can be downloaded by visiting https://www.aodaalliance.org/whats-new/how-ontarios-human-rights-tribunal-went-off-the-rails-in-an-important-disability-accessibility-case-read-the-new-article-by-aoda-alliance-chair-david-lepofsky-on-the-tribunals-ruling-against-an/

Here, the Ford Government had a great opportunity to do much better that it has done. For years, Ontario has had a patchwork of different practices from school board to school board. Some allow service animals. Some do not. Some have no policy. The Ford Government could and should have surveyed the policies of those Ontario school boards that allow service animals, and drawn on the best of them to create a strong, inclusive provincial policy for all school boards to follow, that would be more favourable to meeting the needs of students with disabilities . Instead, the Ford Government dropped the ball and did a tremendous disservice to students with disabilities.

Perhaps the most stunning illustration of the deficiency in this new provincial policy is that under it, the family that fought the Waterloo Catholic District School Board a few years ago in that human rights case could well have ended up with the same refusal from that school board, had this provincial policy been in place at that time. It is a matter of public record that the mother of the student in that case, Ms. Amy Fee, has since won a seat in the Ontario Legislature, as a Conservative MPP. The Ford Government should have been prepared to do better for her and for the other families in her situation.

The Ford Government should quickly issue a supplemental policy to strengthen its weak September 9, 2019 provincial directive to school boards. It will also now be up to the K-12 Education Standards Development Committee to try to set strong provincial accessibility standards in this area. The Ford Government had frozen its work for over one year. It is having its first preliminary conference call this afternoon to initiate the resumption of its work.

MORE DETAILS

New Ford Government Policy Direction to Ontario School Boards on Allowing Students with Disabilities to Bring A Service Animal to School in Ontario

Originally posted at: http://www.edu.gov.on.ca/extra/eng/ppm/ppm163.pdf

Policy/Program Memorandum No. 163

Date of Issue: September 9, 2019

Effective: Subject: Until revoked or modified

Application: School Board Policies on Service Animals

Directors of Education

Supervisory Officers and Secretary-Treasurers of School Authorities Executive Director, Provincial and Demonstration Schools

Principals of Elementary Schools

Principals of Secondary Schools

Purpose

All school boards[1] in Ontario are required to develop, implement, and maintain a policy on student use of service animals in schools.[2] The purpose of this memorandum is to provide direction to school boards on the development and implementation of their policy. The ministry’s expectations regarding the components of a board’s policy are identified in this memorandum as well as the implementation and reporting requirements.

School boards are expected to:

  • allow a student to be accompanied by a service animal in school when doing so would be an appropriate accommodation to support the student’s learning needs and would meet the school board’s duty to accommodate students with disabilities under the Ontario Human Rights Code;
  • make determinations on whether to approve requests for a service animal on a case-by-case basis, based on the individual needs of each student;
  • put in place consistent and transparent processes that allow for meaningful consideration of requests for service animals to accompany students in school.

This memorandum applies to all publicly funded elementary and secondary schools, including extended-day programs operated by school boards. However, this memorandum does not apply to licensed child-care providers, including those operating on the premises of publicly funded schools.

Context

 

The Ministry of Education is committed to supporting school boards in providing appropriate accommodations to all students with demonstrable learning needs, including special education programs and services in Ontario’s schools.

The term “service animal” refers to any animal that provides support to a person with a disability. Traditionally, service animals have been dogs, and dogs remain the most common species of service animal; however, other species may also provide services to individuals with disabilities. The types of functions performed by service animals are diverse, and may or may not include sensory, medical, therapeutic, and emotional support services.

In Ontario, the Accessibility for Ontarians with Disabilities Act, 2005 (the “AODA”) sets out a framework related to the use of service animals by individuals with a disability. The Blind Persons’ Rights Act sets out a framework specifically for the use of guide dogs for individuals who are blind.

People with disabilities who use service animals to assist them with disability-related needs are protected under the ground of “disability” in the Ontario Human Rights Code. Under the Human Rights Code, school boards have a duty to accommodate the needs of students with disabilities up to the point of undue hardship. The Ontario Human Rights Commission’s Policy on Accessible Education for Students with Disabilities (2018) states that: “Depending on a student’s individual needs and the nature of the education service being provided, accommodations may include . . . modifying ‘no pets’ policies to allow guide dogs and other service animals.”[3]

Nothing in this memorandum detracts from other legal obligations of school boards under applicable law, including the Ontario Human Rights Code.

Definition of “Service Animal”

 

In the context of this memorandum, “service animal” means an animal that provides support relating to a student’s disability to assist that student in meaningfully accessing education. Due consideration should be given to any documentation on how the service animal assists with the student’s learning needs, and disability-related needs (e.g., documentation from the student’s medical professionals).

School boards must make a determination, on a case-by-case basis, as to whether a service animal may accompany a student taking into account all the circumstances, including the needs of the student and the school community and a school board’s obligation to provide meaningful access to education.

School boards may also consider including service animals in training in their service animal policies.

Components of School Board Policies on Service Animals

When developing their policy on student use of service animals, school boards must respect their obligations under the Ontario Human Rights Code, the AODA, the Blind Persons’ Rights Act, and collective agreements as well as other applicable laws and government policies. When developing their policies on student use of service animals, school boards are encouraged to consult with local partners, as appropriate.

Each school board policy on student use of service animals must contain, at a minimum, the following components:

Communication Plan. The school board policy should say how the school board will inform the school community about the process by which parents[4] can apply to have their child’s service animal in the school. It should also say how it will inform the school community of the presence of any service animals at the school.

Process. The school board policy should lay out how requests for students to be accompanied by service animals in schools can be made and the steps in the school board decision-making process. School board processes must be timely, equitable, and readily available, and decisions must be based on a student’s individual strengths and needs.

Policies should include the following:

  • a clearly articulated process for a parent to follow when making a request for a student to be accompanied by a service animal in school, including:
    • a primary point of contact;
    • supporting materials for initiating requests(e.g., templates);
  • information around the process through which a determination is made about whether or not a service animal is an appropriate accommodation. This could include:
    • a meeting or meetings for all appropriate parties(e.g., parents, school staff) to discuss the request for a service animal;
    • a list of documentation that a parent must provide;
    • a list identifying who must be consulted in making the determination;
  • information about the factors the board will consider when making a case-by-case determination, including:
    • any documentation on how the service animal supports the student’s learning needs and/or disability-related needs, including documentation from the student’s medical professionals;
    • the disability-related needs and learning needs of the student;
    • other accommodations available;
    • the rights of other students and the needs of the school community;
    • any training or certification of the service animal;
    • any special considerations that may arise if the animal is a species other than a dog;
  • consideration of privacy rights of the student seeking to bring a service animal to school;
  • information about how the school board will document its decision regarding a request. For example, if a school board approves a request, that information could be recorded in the student’s Individual Education Plan (IEP), if one exists;
  • if the school board approves a request for a service animal: a process for developing a plan that addresses:
    • the ongoing documentation required for the animal(e.g., annual vaccination records);
    • the type of support the service animal will provide to the student;
    • who will be the handler of the service animal while at the school;
    • a plan for how the care of the animal will be provided(including supporting the safety and biological needs of the animal);
    • how the animal will be readily identifiable;
    • transportation of the animal to and from school;
    • time line for implementation;
  • if the school board approves a request for a service animal: strategies for sharing information with members of the broader school community who may be impacted by the decision (e.g., other students, parents, educators, school staff, volunteers, Special Education Advisory Committees) and organizations that use the school facilities (e.g., licensed child-care providers operating in schools of the board), while identifying how the student’s privacy will be considered;
  • if the school board denies a request for a service animal: a statement that the school board will provide a written response to the family that made the request in a timely manner.

Health, Safety, and Other Concerns. The school board policy should include a protocol for the board to hear and address concerns from other students and staff who may come in contact with a service animal, and from parents of other students, including health and safety concerns such as allergies and fear or anxiety associated with the animal. Wherever possible, school boards should take steps to minimize conflict through cooperative problem-solving, and/or other supports which may include training for staff and students.

Roles and Responsibilities. The school board policy should clearly outline the roles and responsibilities of students, parents, and school staff regarding service animals at school, taking into account local circumstances.

Training. The school board policy should consider strategies for providing training related to service animals, as appropriate, for school staff who have direct contact with service animals in schools.

Review of School Board Service Animal Policies and Data Collection. The school board policy should be reviewed by the board on a regular basis.

School boards are expected to develop a process for data collection and to collect data regularly, including, but not limited to:

  • total number of requests for students to be accompanied by service animals;
  • whether requests are for elementary or secondary school students;
  • the number of requests approved and denied;
  • if denied, the rationale for the decision, including a description of other supports and/or services provided to the student to support their access to education;
  • species of service animals requested and approved;
  • types of needs being supported (e.g., medical, physical, emotional).

School boards should use this data to inform their cyclical policy reviews.

Implementation

School boards must implement and make publicly available on their websites their newly developed or updated policies and procedures on student use of service animals by January 1, 2020.

School Board Reporting

School boards are required to report to the Ministry of Education, upon request, regarding their activities to achieve the expectations outlined in this memorandum. This could include specific

data collected.

[1] In this memorandum, school board(s) and board(s) refer to district school boards and school authorities. This memorandum also applies to Provincial and Demonstration Schools.

[2] 2. This policy is established under the authority of paragraph 29.5 of subsection 8(1) of the Education Act and school boards are required to develop their policies on service animals in schools in accordance with this policy.

[3] Policy on Accessible Education for Students with Disabilities (Ontario: Ontario Human Rights

Commission, 2018), pp. 59–60.

[4] 4. In this memorandum, parent(s) refers to parent(s) and guardian(s).



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Quickly Send Us Feedback On Our Draft Brief to the Ontario Government’s Rushed Public Consultation on Its Proposal to Hold a Five-Year Pilot Project to Allow Electric Scooters in Ontario


Accessibility for Ontarians with Disabilities Act Alliance Update United for a Barrier-Free Society for All People with Disabilities http://www.aodaalliance.org [email protected] Twitter: @aodaalliance

September 6, 2019

SUMMARY

We welcome your feedback by Tuesday, September 10, 2019, on our draft brief to the Ford Government’s rushed public consultation on its proposal to allow electric scooters (e-scooters) in Ontario for a five year pilot project. Our draft brief is set out below. Feedback to us can be sent to [email protected] or on Twitter @aodaalliance

We regret giving you so little time to send us feedback. the Government gave us no choice, since its consultation was just announced last week, and ends on September 12, 2019. We had to battle to get the consultation extended from 48 hours to 2.5 weeks!

We will do our best to address your feedback as we finalize this draft. Please remember that this draft was prepared in a great hurry. Thanks to all who have sent us your feedback on the e-scooter issue, and to the wonderful Osgoode Hall Law School who volunteered to help with our work on this brief.

We have continued to secure good media coverage for the e-scooter issue from the disability perspective. As previously reported to you, we got this issue covered by the Globe and Mail, the Toronto Star, City TV News, among several other media outlets.

Since then, there has been more coverage. On September 4, 2019, AODA Alliance Chair David Lepofsky was interviewed on the e-scooter issue on CBC morning radio programs in Toronto, Windsor, Thunder Bay, Sudbury, and Kitchener-Waterloo, as well as on Ontario Morning, the program that covers other parts of Ontario. He also pre-recorded an interview for the London CBC morning program. It was supposed to run on September 5, 2019. Capping this off, a clip from one of those interviews was included in an item on the problems with e-scooters that ran on CBC Radio’s national news program The World at 6 that ran at dinnertime on September 5, 2019. All that coverage took place in one week!

There have now been 219 days since the Ford Government received the final report of the Independent Review of the AODA’s implementation prepared by former Lieutenant Governor David Onley. Doug Ford’s Government has still not announced a plan to implement the Onley report. Instead, it has proposed this troubling e-scooter pilot project which threatens to create even more new accessibility barriers against Ontarians with disabilities.

MORE DETAILS

Draft AODA Alliance Brief to the Ontario Government on Its Proposal to Hold a Five-Year Pilot Project Allowing Electric Scooters in Ontario

September 6, 2019

Note: This is only a draft and has not yet been submitted to the Ontario Government. Feedback on this draft is welcomed before Tuesday, September 10, 2019. We apologize for this rushed period. The Ontario Government has set an extremely short deadline for submitting input on its proposal. We are rushing to meet that deadline. Send us feedback at: [email protected] or on Twitter @aodaalliance

Introduction

The AODA Alliance submits this brief to the Ontario Government as part of the Government’s short public consultation on its proposal to hold a five-year pilot project to allow electric scooters (e-scooters) in Ontario. E-scooters are electric motor vehicles which can travel as fast as 32 kilometers per hour or faster. Under the Government’s proposal e-scooters would be allowed to zip at up to 32 kilometers per hour, anywhere a bicycle is allowed. The Government is not proposing to require the e-scooter owner or driver or vehicle itself to carry insurance, or to have a license. We include as Appendix 1 to this brief the Government’s original August 28, 2019 online posting that describes its proposed pilot project.

In summary, the AODA Alliance strongly opposes the proposed pilot project. This pilot project raises serious safety concerns for the entire public. Ontarians with disabilities are especially vulnerable to this safety risk. Experience in other jurisdictions where e-scooters have been allowed shows that they present serious public safety and disability accessibility problems.

the Ford Government repeatedly emphasized that it is focusing on what matters most to Ontarians. We emphasize that protecting public safety matters most for Ontarians.

E-scooters are motor vehicles, pure and simple. At a bare minimum, if they are to be permitted at all, e-scooters, like other motor vehicles, should have to be licensed. Their drivers should also have to be licensed, only after they have completed needed and specific training. Both the driver and the motor vehicle should have to carry sufficient insurance.

Their other risks should be subject to strict safety regulations. They should be required to emit a beep to enable people with vision loss to know they are coming. Rental of e-scooters should be forbidden. Regulation of e-scooters can later be reduced if shown to be justified, and that doing so won’t compromise on public safety and disability accessibility.

If, despite these concerns, Ontario were to hold a pilot project with e-scooters, it should be far shorter than five years. It should be restricted to a narrow area, not the entire province, and only with the consent of the community where the pilot is to occur. Very strict regulation of e-scooters should be in place.

Just because parts of the US and some other jurisdictions have allowed e-scooters does not mean that they are inevitable in Ontario. Ontario should not repeat the serious mistakes that other jurisdictions have made.

The Ontario Government Has an Important Duty to Prevent the Creation of New Disability Barriers

This brief will show that the Government’s proposal to allow e-scooters in Ontario threatens to create new accessibility barriers against Ontarians with disabilities. Under the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, the Ontario Government has a duty to prevent the creation of new accessibility barriers against Ontarians with disabilities. For example, the AODA requires the Ontario Government to lead Ontario to become accessible to people with disabilities by 2025.

As the final report of the most recent Independent Review of the AODA’s implementation, prepared by former Lieutenant Governor David Onley revealed, Ontario is well behind schedule for reaching that goal. The Onley report found that Ontario remains a province full of “soul-crushing barriers”. Barriers in the built environment remain a serious example of this. The creation of any new barriers in the built environment would only make this worse.

The AODA Alliance elsewhere documented that the new Ontario Government has done a poor job of implementing the AODA. For the Government to take new action that would create more disability accessibility barriers, such as by allowing e-scooters, is an especially serious concern.

No Government Should Ever Compromise on Public Safety

We are deeply concerned that the Ontario Government’s proposal of a five-year pilot project with e-scooters in Ontario was arrived at without proper concern for or protection of public safety. As addressed later in this brief, e-scooters are known to present a danger to public safety.

According to a troubling CityTV report, the Doug Ford Government admitted it had compromised between protecting public safety on the one hand, and advancing business opportunities and consumer choice on the other, when it designed its controversial proposal to permit electric scooters in Ontario for a 5-year pilot. The August 30, 2019 City TV television news story that aired in Toronto in the evening news revealed this troubling new information, and included a comment by AODA Alliance Chair David Lepofsky on it:

“We reached out to the Ministry of Transportation, who told City News in a statement: the proposed pilot project is another example of how the province is helping businesses expand and give consumers more choice. When asked why the project is set to last a long five years, it said: This proposed time line creates a compromise between road safety and access for businesses and consumers. If approved, the five year pilot will take a measured approach that will promote road safety, foster business innovation and open the Ontario market to this new and growing sector.

But Lepofsky fears the Government is prioritizing business over safety.

(Quotation from David Lepofsky in the news story) “the Government’s obligation is to protect public safety, not to decide, well, we’ll do some compromise between making sure people don’t get hurt and making sure other people can make some more money.”

We again call on the Ford Government to put the brakes on this proposal and to ensure that there is no risk to public safety, before even contemplating any pilot project with electric scooters. The Government must never compromise on the safety of the public, such as vulnerable people with disabilities, especially when it does so in the interests of some businesses wishing to expand into Ontario. Public Safety must always come first, and its protection should be unremitting and uncompromising.

Now that it has been revealed that the Government’s ill-conceived pilot project was based on an unacceptable compromise on public safety, the proposed pilot project should be withdrawn. The Government should go back to the drawing board.

E-Scooters Have Been Proven to Present a Safety Threat Both to Innocent Pedestrians and to the E-Scooter Driver Themselves

Our review of media articles and other sources posted on the internet quickly revealed that e-scooters are well-known to and well-documented to have posed a danger of personal injury, and in some cases, even of death. Injuries have been sustained by innocent pedestrians and by the e-scooter drivers themselves.

The AODA Alliance was able to quickly locate this information from a web search. As such, the Ontario Government, engaging in due diligence, should have been able to do the same.

The following is a very brief review of some of what we found, prepared in a hurry due to the Government’s very short public consultation deadline on this issue. We point especially to the article on e-scooters in the September 4, 2019 edition of the New York Times, set out in full as an appendix 2 to this brief.

Euronews reported on June 18, 2019, that Paris intended to implement speed limits and parking restrictions for e-scooters following its first death on an electric scooter. The French transport minister also announced a nationwide ban on e-scooters on sidewalks, effective September. A week prior to the announcements, a 25-year-old man riding an e-scooter had died after being hit by a truck. The report details other incidents, involving both riders and bystanders. In Sweden, a 27-year-old man died in a crash while riding one of the electric vehicles in May. In Barcelona, a 92-year-old woman died in August 2018 after she was run over by an e-scooter making it the first case of a pedestrian being killed by the electric vehicle.

On July 26, 2019, CBC News reported that since e-scooters became available in Calgary, Calgary emergency rooms have seen 60 patients with e-scooter-related injuries. The report added that [a]bout a third of them were fractures and roughly 10 per cent were injuries to the face and head. These figures have triggered a study by the University of Calgary.
The Copenhagen Post reported on August 5, 2019, that a Capital Region release had identified 100 scooter-related injuries this year in Copenhagen. Among those injured were several pedestrians, although it sounds like most of them tripped over discarded scooters. Only one ended up in hospital after being hit by one.
The Guardian reported on August 11, 2019, that Paris had experienced its third e-scooter-related death in four months: A 30-year-old man has been killed after being hit by a motorbike while riding his e-scooter on a French motorway. The report went on to state that [t]he scooter rider was not wearing a helmet and was reportedly travelling in the fast lane when the motorbike hit him from behind, despite the fact that [u]sing scooters on motorways is banned in France. Moreover, The day before the accident, a 27-year-old woman suffered serious head injuries after falling from an e-scooter she was using in a cycle lane in Lyon. A few days earlier a 41-year-old man had been seriously injured after falling from his e-scooter in Lille. Finally, the report provided details on another, earlier e-scooter-related death in France: An 81-year-old man died after he was reportedly knocked over by an e-scooter in Levallois-Perret, a Parisian suburb, in April.
CityNews reported on August 13, 2019, as part of a short survey of European regulations, that German police say seven people have been seriously injured and 27 suffered minor injuries in scooter accidents since mid-June, saying most were due to riders behaving carelessly. Extend the Current Public Consultation

If, despite the foregoing concerns, the Ontario Government plans to continue with the current e-scooter public consultation, it should significantly lengthen it. On Wednesday, August 28, 2019, just two days before the Labour Day long weekend, the Doug Ford Government quietly posted online, for a meager 48-hour public consultation, its proposal to allow e-scooters in Ontario for five years, for a trial period. Thankfully we were alerted to this by an AODA Alliance supporter, who was concerned about the safety risk that e-scooters posed for Ontarians with disabilities.

On August 29, 2019, the AODA Alliance quickly swung into action on this helpful tip. So did others, including Balance for Blind Adults and the CNIB. The media showed interest quite quickly.

Within hours, the Ford Government gave some ground, though not all the ground we had requested. Late on Thursday, August 29, 2019, the Government announced that it was extending its consultation on this issue to September 12, 2019.

For the Government to announce a public consultation on the eve of a long weekend is a well-known strategy for rushing forward with a decision to implement something new, without truly consulting the public, while wishing to appear that it has genuinely consulted the public. It is a fair inference to draw that the Government has been lobbied by companies that rent e-scooters in the U.S. or elsewhere, in order to get the Government to permit them in Ontario. As noted later in this brief, the proposal of an excessively long five -year pilot project suggests an intent to get e-scooters deeply embedded in Ontario, and to make it harder to get them removed or effectively controlled.

It is essential for this consultation process to immediately slow down. If the Government is not prepared to withdraw its current consultation and go back to the drawing board, with a stronger commitment to protecting public safety, it should at least substantially lengthen the current public consultation period beyond September 12, 2019

Recommendation #1
If it is not prepared to withdraw its current public consultation on e-scooters, the Ontario Government should at least extend the consultation period to October 31, 2019.

Do Not Allow Rental of E-Scooters

It appears that at least in some if not most of the other jurisdictions where e-scooters have been allowed, a very common way that they are used is by companies renting them to the public, rather than by individuals buying them. Of course, the option to buy them was presumably available in those jurisdictions as well. It is reasonable to suppose that the lobbying of the Ford Government that has led to the current proposal for a five-year e-scooter pilot program comes from those big companies known in other jurisdictions to provide e-scooter rentals. See further the September 4, 2019 New York Times article set out in Appendix 2, at the end of this brief.

By this rental model, a member of the public gets an app on their phone to sign up for these rentals. E-scooters are left around the city, tagged with a GPS chip. The individual uses the app to find the nearest e-scooter that is available. They pick it up and ride away. They presumably do not go to a store, or deal with anyone directly and in person from the rental company. When they are finished with the e-scooter, they leave it on a sidewalk, wherever they wish, and walk away. That e-scooter then sits there until another person, using the app, decides to take it away and ride it, leaving it somewhere else, once they are done.

The rental model for e-scooters presents several serious problems. It should be forbidden.

First and foremost, having users randomly leave an e-scooter on a sidewalk or other like public place when they are finished with it creates significant and unpredictable new barriers against people with disabilities. these barriers can instantly pop up anywhere, unannounced.

For people who are blind, deafblind or have low vision, they are a serious and unexpected tripping hazard. They should not have to face the prospect of e-scooters potentially lying in their path at any time. we have received feedback about concerns with this from people with vision loss elsewhere where this has been allowed.

As well, leaving an e-scooter randomly on sidewalks presents a serious new barrier for people who use a wheelchair, walker or other mobility device. For them, an e-scooter can prevent them from being able to continue along an otherwise-accessible sidewalk. The option of going up on the grass or down onto the road in the path of car traffic may not be accessible, feasible or safe. This is especially so for people with temporary or permanent balance issues.

The sidewalks or other public spaces should not be made available to the private companies who rent e-scooters as free parking spaces, fully subsidized by the taxpayer. It would not be good enough for the Government to try to regulate where the scooters are left, e.g. by setting regulations that they not block the sidewalk. This would be very hard to enforce, since police are not on the scene wherever these e-scooters would be left. To the contrary, there needs to be a strict ban in place precluding them ever being left in the sidewalk, given the experiences of which we have learned in other jurisdictions.

Beyond the foregoing concerns, the rental model presents other safety risks. Under that model, a person could go into a bar, drink to excess, walk outside, look on their smart phone’s e-scooter app, and quickly find a nearby e-scooter to ride. That would expose the public to added risks. As it is, drunk driving is a troubling problem in our society that leads to deaths and serious injuries. Our Government should not expose the public to any more such risks.

Were an intoxicated person to walk into a car rental office and try to rent a car, they would have to deal with a human being, who no doubt would refuse to hand over the car keys. In the case of renting e-scooters via an app, there is no comparable control at the source, such as a sales person, to prevent this.

It is no answer to say that drunk driving is already illegal. We already know that that law is too often disobeyed, with innocent people paying the price with permanent injuries or their lives. The Government should not make e-scooters available, increasing that risk.

Recommendation #2
The rental of e-scooters should be strictly forbidden, even if private ownership of an e-scooter by a user of that e-scooter were to be permitted.

Recommendation #3
There should be a strict ban on leaving an e-scooter in a public sidewalk or like location. If an e-scooter is left in such a place, it should be subject to immediate confiscation as well as a strict penalty.

Require Beeping Sound from E-Scooters When Powered On

E-scooters are very quiet, if not silent, when being operated. It presents a significant safety risk for a virtually silent e-scooter to be hurtling towards a blind person at 32 kph. This is so whether the e-scooter is being driven on a road, or on a sidewalk) (where they are supposedly not to be permitted). They pose a similar risk to a sighted pedestrian who can hear, but who is not looking in the direction from which the e-scooter is coming.

Recommendation #4
If e-scooters are to be permitted in Ontario, they should be required to make an ongoing beeping sound when they are powered on, to warn others of their approach.

Reduce the Maximum Speed Well Below 32 KPH

The faster an e-scooter goes, the less time its driver or a pedestrian has to avoid a collision. Moreover, the fast the e-scooter goes, the greater the potential harm caused by a collision.

There is no magic reason why an e-scooter should be allowed to travel at 32 KPH, just because e-bikes are allowed to go at that speed.

The Ontario Government should study the options for speed limits from other jurisdictions to determine the safest maximum speed, before embarking on any pilot project. A considerably slower speed limit should be set. It can always be raised later, if that is justified.

Recommendation #5
The speed limit for e-scooters should initially be set much lower than 32 KPH, such as 15 or 20 KPH, until a strong showing can be made that a higher speed limit poses no safety threat to the public.

Require That an E-scooter Driver Have a License and Proper Training

Because an e-scooter is a motor vehicle which can cause significant personal injuries to innocent pedestrians, a person should be required to get a license before they can drive an e-scooter. To qualify to get a license, a person should have to take appropriate training and show sufficient proficiency, including sufficient knowledge about the rules of the road and the threat to personal injuries that an e-scooter can cause.

Recommendation #6
A person wishing to drive an e-scooter should be required to first take required training on its safe operation and on the rules of the road, and then to obtain a license.

E-Scooters Should Be Licensed and Display a License Plate Number
It is important for each e-scooter to be licensed, and to display a license plate number, as is required for cars and motorcycles. This will make it far, far easier to enforce the law in case a person, driving an e-scooter, collides with a pedestrian, and then flees the scene. Without such a license requirement, it may well be impossible for an injured pedestrian to effectively identify the e-scooter that hit them, and thereby, to trace the driver in question.

Recommendation #7
Each e-scooter should be required to be licensed and to display a readily-seen license plate number.

The E-scooter’s Owner and Driver Should Be Required to Carry Valid Insurance

It is widely recognized that motor vehicles pose a risk to personal injury of other motorists and pedestrians. As a result, both the owner and driver of a motor vehicle are required to carry liability insurance. It is an offence to fail to carry proper insurance.

The same should be so for the owner and driver of an e-scooter. It is important for both to be insured, as is the case for other motor vehicles such as cars and trucks, so an injured victim can recover compensation from either or both, if injured.

This is especially important where, as here, it is known that e-scooters can pose a real risk of personal injury. The victims of such injuries, and the taxpayers who pay for our health system, should not be left holding the bag when it comes to the consequences of the use of e-scooters.

Recommendation #8
The owner and driver of an e-scooter should be required to carry sufficient liability insurance for injuries or other damages that the e-scooter causes to others.

Helmets Should Be Required for All E-Scooter Drivers, No Matter What Their Age Is

The use of an e-scooter can result in injuries to the driver, and not just to innocent pedestrians. This obviously can include head injuries.

A helmet is an important safety measure to at least try to reduce some of the harmful impacts on the driver of a fall from the e-scooter. Yet the Ford Government is only proposing during its pilot project to require an e-scooter driver to wear a helmet if they are between the ages of 16 and 18.

Yet people older than 18 are equally exposed to the risk of head injuries. This creates an undue risk of increased injuries to drivers. That is bad for the drivers themselves and their families. It also creates an unnecessary and unfair burden for the taxpayer, who will have to cover the health and other social safety net costs of those injuries to the e-scooter drivers.

Recommendation #9
All e-scooter drivers, regardless of their age, should be required to wear a helmet whenever operating an e-scooter.

If There Is to Be a Pilot Period with E-scooters, It Should Be Much Shorter Than Five Years and For A Smaller Part of Ontario

The Ford Government is proposing an e-scooter pilot project for the entirety of Ontario, to last fully five years. There is serious reason to doubt whether the Government means this as a pilot project. It appears far more likely that the Government means for this to be a way to embed e-scooters as a done deal, a permanent fixture in Ontario. After five years, the Government may well be hoping that it will be much harder to reduce or eliminate them, if already entrenched around Ontario. We anticipate that this is a real problem facing those jurisdictions that have already allowed e-scooters to proliferate, and that now have serious concerns about their impact.

There is no reason for a pilot project to last for a long five years. A much shorter period is warranted, in order to assess their impact. This is so especially since there are other jurisdictions which have already in effect served as a pilot project for Ontario. They have allowed e-scooters, with all the accompanying problems. As noted earlier, Ontario should study their impact in those other jurisdictions first, rather than exposing Ontarians to the risk of personal injury. Only if that study reveals that e-scooters can be safely introduced in Ontario should a pilot project be conducted in Ontario.

If a pilot project is to take place in Ontario, it should be conducted for a far shorter period, such as six months. A proper assessment of their impact should be assigned to an arms-length organization with expertise in public safety.

There is no reason why a pilot project should take place across the entirety of Ontario. Instead, a specific region or community should be selected. That community should first be given the right to consent or reject the proposal on behalf of its citizens.

Recommendation #10
No e-scooter pilot project should be held in Ontario until the Ontario Government effectively studies the impact on public safety of e-scooters in jurisdictions that have allowed them, and on options for regulatory controls of them, and has made the details of these public. A pilot project should only be held in Ontario if public safety can be fully and effectively protected.

Recommendation #11
If Ontario is to hold an e-scooter pilot project, it should only take place for a period much shorter than five years, e.g. six months, and should only take place in a specific community that has consented to permit that pilot project there.

Recommendation #12
If Ontario is to hold an e-scooter pilot project, the Ontario Government should retain a trusted independent organization with expertise in public safety to study the impact of e-scooters during that pilot project, and to make the full results of that study public.

A Ban on Riding E-scooters on Sidewalks Is Insufficient to Address Public Safety Concerns

To address the safety and accessibility concerns in this brief, it would be insufficient to simply ban the riding of e-scooters on sidewalks. e-scooters present safety issues on public roads, not just on sidewalks. Moreover, it will be extremely difficult if not impossible to effectively police a ban on e-scooters on sidewalks. Even though bicycles are not supposed to be ridden on public sidewalks, pedestrians know that a good number of cyclists nevertheless ride their bikes on sidewalks from time to time, without much fear of law enforcement.

Moreover, especially if an e-scooter is not licensed and does not bear a plainly visible license plate number, it would too often be hard if not impossible for an injured pedestrian to report to police on someone who unlawfully rode an e-scooter on the sidewalk. It will be hard if not impossible to reliably identify the offender in a way that will stand up in court. Eyewitness identification evidence is notoriously hard to present in court.

Recommendation #13
The Government should not treat a ban on riding e-scooters on the sidewalk as a sufficient protection against the threat to public safety that e-scooters present.

There Should Be No Comparable Restrictions on Powered Scooters Used as a Mobility Aid for People with Disabilities

We emphasize that in raising these concerns with e-scooters, nothing should be done to restrict the current availability and use of powered scooters as a mobility aid for people with various disabilities. These are not in the same class of vehicle as e-scooters, addressed in this brief. They do not present the concerns raised in this brief. As we understand it, they do not travel at the kinds of speeds that an e-scooter can travel. They are an essential form of adaptive technology for people with disabilities.

Recommendation #14
nothing should be done to reduce the availability or use of powered mobility devices used by people with disabilities.

There Are Important Differences Between E-bikes and E-scooters

It would be wrong for the Government to proceed on the basis that it should allow e-scooters since it allows e-bikes, for several reasons. First, if, as we have shown, e-scooters present a safety risk, that safety risk neither magically vanishes nor in any way reduces just because Ontario now allows e-bikes.

Second, there are some important differences between the two. A person cannot ride an e-bike unless they already know how to ride a bike. In contrast, a person with no prior experience can, in some other jurisdictions, pay a rental fee, hop on an e-scooter, and immediately start racing in public at 32 KPH. As well, we are not aware of any companies that rent e-bikes on the terms used elsewhere for e-scooters, where they are regularly left as barriers in the middle of sidewalks.

Because this e-scooter consultation has been so rushed, we have not had a sufficient opportunity to explore the full ramifications of e-bikes beyond this. This is yet another reason why this hasty public consultation should be withdrawn or lengthened.

We also emphasize that there are key differences between an e-scooter and a non-motorized bicycle. While some can ride a bike quite fast, a novice cannot simply hop on a bike and race at 32 KPH. Moreover, a regular bike is not a motor vehicle. An e-scooter is a motor vehicle.

Appendix 1 The Ford Government’s 48-Hour Pre-Labour Day Public Consultation on Allowing Electric Scooters in Ontario

Originally posted at https://www.ontariocanada.com/registry/view.do?postingId=30207&language=en

Kick Style Electric Scooter (E-Scooter)

Background:

The Ministry of Transportation (MTO) is strongly committed to promoting the highest standards of safety for all Ontarians who travel on our roads, including drivers, cyclists, and pedestrians, and will continue working with all our partners on measures that enhance this objective. Trends and technology are evolving, with new forms of vehicles such as e-scooters entering the market.

MTO is interested in new and environmentally-friendly vehicles, however it is important that new vehicles are constructed with appropriate safety features to allow safe integration with all other road users.

MTO is considering the following proposal and invites you to submit your comments for consideration.

E-Scooters

E-scooters have been launched in more than 125 cities across the United States. They represent a new way for residents to get around their communities, are seen as providing first and last mile connections to transit, and represent an opportunity to reduce traffic congestion.

E-scooters are currently not permitted to operate on roads in Ontario as they do not meet any federal or provincial safety standards for on-road use. These devices may only be operated where Ontario’s Highway Traffic Act (HTA) does not apply such as private property.

The ministry is interested in exploring the feasibility of these vehicles safely integrating with other road users while promoting road safety andfostering business innovation in the province.

MTO is soliciting public comment on potentially permitting the use of e-scooters on roads in Ontario as part of a pilot project. This will allow the ministry to ensure e-scooters can be safely integrated with other road users before a final, permanent, regulatory decision is made.

Proposed E-Scooter Pilot Framework:

Pilot Duration:

The length of the pilot will be for a prescribed period of 5 years, to ensure sufficient time to effectively monitor and evaluate the pilot results.

Operator/Rider/Vehicle Requirements Include:

Can operate on-road similar to where bicycles can operate; prohibited on controlled access highways Minimum operating age 16
Bicycle helmet required for those under 18 years old
No passengers allowed
Maximum operating speed 32 km/h
No pedals or seat allowed
Must have 2 wheels and brakes
Maximum wheel diameter 17 inches
Must have horn or bell
Must have front and back light
Maximum weight 45kg and Maximum power output 500W

Data Collection:

Municipalities to remit data to the province, as requested

Appendix 2 The New York Times September 4, 2019

Originally posted at https://www.nytimes.com/2019/09/04/technology/san-diego-electric-scooters.html?smid=nytcore-ios-share

Welcome to San Diego. Dont Mind the Scooters.

A year ago, electric rental scooters were hailed as the next big thing in transportation. But their troubles in San Diego show how the services have now hit growing pains.

Companies distribute scooters around cities, often on sidewalks. In the area around Mission Beach, one of San Diegos main beaches, 70 scooters lined a single side of one block in July. By Erin Griffith

Sept. 4, 2019

SAN DIEGO The first thing you notice in San Diegos historic Gaslamp Quarter is not the brick sidewalks, the rows of bars and the roving gaggles of bachelorette parties and conferencegoers, or even the actual gas lamps.

Its the electric rental scooters. Hundreds are scattered around the sidewalks, clustered in newly painted corrals on the street and piled up in the gutters. In early July, one corner alone had 37. In the area around Mission Beach, one of the citys main beaches, a single side of one block had 70. Most sat unused.

Since scooter rental companies like Bird, Lime, Razor, Lyft and Uber-owned Jump moved into San Diego last year, inflating the citys scooter population to as many as 40,000 by some estimates, the vehicles have led to injuries, deaths, lawsuits and vandals. Regulators and local activists have pushed back against them. One company has even started collecting the vehicles to help keep the sidewalks clear.

My constituents hate them pretty universally, said Barbara Bry, a San Diego City Council member. She called for a moratorium on the scooters when they arrived, saying they clogged sidewalks and were a danger to pedestrians.

San Diegos struggle to contain the havoc provides a glimpse of how reality has set in for scooter companies like Bird and Lime. Last year, the services were hailed as the next big thing in personal transportation. Investors poured money into the firms, valuing Bird at $2.3 billion and Lime at $2.4 billion and prompting an array of followers.

At the end of a rental period, a rider leaves the scooter for the next customer to retrieve. CreditTara Pixley for The New York Times

The scooter companies distribute their electric vehicles around cities and universities often on sidewalks and rent them by the minute via apps. At the end of a rental period, a rider leaves the scooter for the next customer to retrieve. Scooter speeds vary by company, model and city, as do helmet laws, although helmets generally are not required.

But now, skepticism about scooter services is rising. Some cities, including San Francisco, Paris, Atlanta and Portland, Ore., have imposed stricter regulations on scooter speed limits, parking or nighttime riding. Columbia, S.C., has temporarily banned them. New York recently passed legislation that would allow scooters to operate in some parts of New York City, but not in Manhattan.

Safety has become a big issue. A three-month study published in May from the Centers for Disease Control and Prevention and the Public Health and Transportation Departments of Austin, Tex., found that for every 100,000 scooter rides, 20 people were injured. Nearly half of the injuries were to the head; 15 percent of those showed evidence of traumatic brain injury.

Bird, Lime and Skip are trying to secure new funding, according to three people familiar with the talks, who declined to be identified because the discussions were not finished. In May, Lime replaced its chief executive; several other top executives also left. And in July, Birds chief executive called a report about the companys losses fake.

Scooters are a fun and convenient mode of transportation that really does put people at risk and introduces significant spatial challenges to the civic commons, said Adie Tomer, a metropolitan policy fellow at the Brookings Institution. Those tensions are not going anywhere anytime soon.

Bird declined to comment.

Many scooter companies miscalculated how long the scooters would last often not long enough for rental fees to cover their costs and are struggling with profitability, acknowledged Sanjay Dastoor, Skips chief executive. His company has designed a way to produce more durable scooters that can be repaired more easily and last long enough to turn a profit, he said, allowing it to run a safe fleet that we are proud of.

Lindsey Haswell, Limes head of communications, said new industries often faced regulatory challenges, but our investors are willing to take the long view. She added that the issues in San Diego did not reflect the global scooter market. Lime has provided more than three million trips in San Diego, she said, and has as many supporters as we have detractors there.

Hans Tung, an investor at GGV, which has backed Lime, said he was encouraged by the companys progress and was confident it would make its scooters safe and profitable. I dont see how that couldnt be achieved, he said.

Bird and Lime deployed their scooters in San Diego in February 2018, followed by other companies. The start-ups pitched themselves as environmentally friendly, a message that jibed with San Diegos goal to reduce greenhouse emissions.

San Diego initially took a hands-off approach. The scooters became popular, with an average of 30,000 riders per day, according to city officials.

Millennials and post-millennials want to live in a thriving, bustling city that has dynamic choices for mobility, said Erik Caldwell, San Diegos deputy head of operations for smart and sustainable communities.

But as more scooters flooded San Diego last summer, local business owners and residents began objecting. Alex Stennet, a bouncer at Coyote Ugly Saloon in the Gaslamp District, said people tripped over the vehicles and threw them around. He said he had witnessed at least 20 scooter accidents in front of Coyote Ugly.

ScootScoop has deals with 250 local businesses to remove scooters; it has towed more than 12,500. CreditTara Pixley for The New York Times

Dan Borelli, who owns a bike rental shop called Boardwalk Electric Rides in Pacific Beach, said the scooters frequently blocked the entrance to his store. In July 2018, he teamed up with John Heinkel, owner of a local towing company, to haul away scooters that they deemed to be parked on private property. They charge Bird, Lime and others a retrieval fee of $50 per scooter, plus $2 for each day of storage.

Their company, ScootScoop, has essentially turned them into scooter bounty hunters. They said they have struck deals with 250 local businesses and hotels and have towed more than 12,500 scooters. Some scooter companies have paid to get them back, they said.

In March, Lime and Bird sued Mr. Borelli and Mr. Heinkel for the scooter removals. ScootScoop countersued Bird and Lime last week.

Other cities have called ScootScoop for advice, Mr. Borelli said. Mr. Heinkel said the scooter companies underestimated them. They assumed we were two hillbillies in a pickup truck, as opposed to business owners, he said.

Limes Ms. Haswell said Mr. Borelli and Mr. Heinkel are opportunistic businessmen who troll the streets stealing scooters, with no respect for the law, trying to make a profit at San Diegos expense.

Late last year, the scooters turned from annoyances into hazards. In December, a man in Chula Vista, a San Diego suburb, died after he was hit by a car while riding a Bird scooter, according to the Chula Vista Police Department. A tourist died a few months later after crashing his rental scooter into a tree. Another visitor died of blunt force torso trauma after his scooter collided with another, the San Diego Police Department said.

The department said it counted 15 serious injury collisions involving scooters in the first half of this year. Last month, three separate scooter-related skull fractures happened in one week.

On one day in July, there were 150 available Bird scooters within a two-block radius in Mission Beach.CreditTara Pixley for The New York Times

Scooter parking corrals were introduced in July as part of San Diegos new rules.CreditTara Pixley for The New York Times
As the injuries piled up, Safe Walkways, an activist group, amassed hundreds of members in a Facebook group to oppose the scooters and file complaints to government agencies. In April, around 50 protesters gathered on Mission Beachs boardwalk with signs bearing messages like Safety Not Scooters and BoardWALK.

Lawsuits have also piled up. Clients of Matthew Souther, an attorney at Neil Dymott, filed a potential class action suit in March that accused Bird, Lime and the City of San Diego of not complying with disability rights laws to keep sidewalks clear. He said he was working on a dozen other injury lawsuits against scooter companies.

San Diego has started cracking down on the scooters. In July, the city enacted rules restricting where they could be parked and driven and issued permits for 20,000 scooters, across all companies, to operate. In three days that month, authorities impounded 2,500 scooters that violated parking rules. San Diego later sent notices of violations to Bird, Lyft, Lime and Skip.

Last month, San Diego told Lime that it planned to revoke its permit to operate in the city because of the violations, pending a hearing.

Christina Chadwick, a spokeswoman for San Diegos mayor, Kevin Faulconer, said the scooter operators had been warned that the city would aggressively monitor them.

To deal with critics and improve safety and costs, the scooter companies have upgraded their fleets with sturdier scooters. Bird has said its Bird Zero model, which makes up a majority of its fleet, lasts an average of 10 months, compared with three months for past models. Skip recently announced a scooter with modular parts, which makes repairs easier.

And after a year recalling scooters with cracked baseboards and batteries that caught fire, Lime has introduced new vehicles with bigger wheels and baseboards, as well as interchangeable batteries and parts.

Ms. Haswell said Lime was eager to show the progress it had made. We admit that we havent always gotten it right in San Diego, she said.

Erin Griffith reports on technology start-ups and venture capital from the San Francisco bureau. Before joining The Times she was a senior writer at WIRED and Fortune. @eringriffith

A version of this article appears in print on Sept. 4, 2019, Section B, Page 1 of the New York edition with the headline: San Diegos Scooter Tryout Gets Off to a Bumpy Start. Order Reprints




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Quickly Send Us Feedback On Our Draft Brief to the Ontario Government’s Rushed Public Consultation on Its Proposal to Hold a Five-Year Pilot Project to Allow Electric Scooters in Ontario


Accessibility for Ontarians with Disabilities Act Alliance Update

United for a Barrier-Free Society for All People with Disabilities

www.aodaalliance.org [email protected] Twitter: @aodaalliance

Quickly Send Us Feedback On Our Draft Brief to the Ontario Government’s Rushed Public Consultation on Its Proposal to Hold a Five-Year Pilot Project to Allow Electric Scooters in Ontario

September 6, 2019

          SUMMARY

We welcome your feedback by Tuesday, September 10, 2019, on our draft brief to the Ford Government’s rushed public consultation on its proposal to allow electric scooters (e-scooters) in Ontario for a five year pilot project. Our draft brief is set out below. Feedback to us can be sent to [email protected] or on Twitter @aodaalliance

We regret giving you so little time to send us feedback. the Government gave us no choice, since its consultation was just announced last week, and ends on September 12, 2019. We had to battle to get the consultation extended from 48 hours to 2.5 weeks!

We will do our best to address your feedback as we finalize this draft. Please remember that this draft was prepared in a great hurry. Thanks to all who have sent us your feedback on the e-scooter issue, and to the wonderful Osgoode Hall Law School who volunteered to help with our work on this brief.

We have continued to secure good media coverage for the e-scooter issue from the disability perspective. As previously reported to you, we got this issue covered by the Globe and Mail, the Toronto Star, City TV News, among several other media outlets.

Since then, there has been more coverage. On September 4, 2019, AODA Alliance Chair David Lepofsky was interviewed on the e-scooter issue on CBC morning radio programs in Toronto, Windsor, Thunder Bay, Sudbury, and Kitchener-Waterloo, as well as on Ontario Morning, the program that covers other parts of Ontario. He also pre-recorded an interview for the London CBC morning program. It was supposed to run on September 5, 2019. Capping this off, a clip from one of those interviews was included in an item on the problems with e-scooters that ran on CBC Radio’s national news program The World at 6 that ran at dinnertime on September 5, 2019. All that coverage took place in one week!

There have now been 219 days since the Ford Government received the final report of the Independent Review of the AODA’s implementation prepared by former Lieutenant Governor David Onley. Doug Ford’s Government has still not announced a plan to implement the Onley report. Instead, it has proposed this troubling e-scooter pilot project which threatens to create even more new accessibility barriers against Ontarians with disabilities.

          MORE DETAILS

Draft AODA Alliance Brief to the Ontario Government on Its Proposal to Hold a Five-Year Pilot Project Allowing Electric Scooters in Ontario

September 6, 2019

Note: This is only a draft and has not yet been submitted to the Ontario Government. Feedback on this draft is welcomed before Tuesday, September 10, 2019. We apologize for this rushed period. The Ontario Government has set an extremely short deadline for submitting input on its proposal. We are rushing to meet that deadline. Send us feedback at: [email protected] or on Twitter @aodaalliance

Introduction

The AODA Alliance submits this brief to the Ontario Government as part of the Government’s short public consultation on its proposal to hold a five-year pilot project to allow electric scooters (e-scooters) in Ontario. E-scooters are electric motor vehicles which can travel as fast as 32 kilometers per hour or faster. Under the Government’s proposal e-scooters would be allowed to zip at up to 32 kilometers per hour, anywhere a bicycle is allowed. The Government is not proposing to require the e-scooter owner or driver or vehicle itself to carry insurance, or to have a license. We include as Appendix 1 to this brief the Government’s original August 28, 2019 online posting that describes its proposed pilot project.

In summary, the AODA Alliance strongly opposes the proposed pilot project. This pilot project raises serious safety concerns for the entire public. Ontarians with disabilities are especially vulnerable to this safety risk. Experience in other jurisdictions where e-scooters have been allowed shows that they present serious public safety and disability accessibility problems.

the Ford Government repeatedly emphasized that it is focusing on what matters most to Ontarians. We emphasize that protecting public safety matters most for Ontarians.

E-scooters are motor vehicles, pure and simple. At a bare minimum, if they are to be permitted at all, e-scooters, like other motor vehicles, should have to be licensed. Their drivers should also have to be licensed, only after they have completed needed and specific training. Both the driver and the motor vehicle should have to carry sufficient insurance.

Their other risks should be subject to strict safety regulations. They should be required to emit a beep to enable people with vision loss to know they are coming. Rental of e-scooters should be forbidden. Regulation of e-scooters can later be reduced if shown to be justified, and that doing so won’t compromise on public safety and disability accessibility.

If, despite these concerns, Ontario were to hold a pilot project with e-scooters, it should be far shorter than five years. It should be restricted to a narrow area, not the entire province, and only with the consent of the community where the pilot is to occur. Very strict regulation of e-scooters should be in place.

Just because parts of the US and some other jurisdictions have allowed e-scooters does not mean that they are inevitable in Ontario. Ontario should not repeat the serious mistakes that other jurisdictions have made.

The Ontario Government Has an Important Duty to Prevent the Creation of New Disability Barriers

This brief will show that the Government’s proposal to allow e-scooters in Ontario threatens to create new accessibility barriers against Ontarians with disabilities. Under the Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, the Ontario Government has a duty to prevent the creation of new accessibility barriers against Ontarians with disabilities. For example, the AODA requires the Ontario Government to lead Ontario to become accessible to people with disabilities by 2025.

As the final report of the most recent Independent Review of the AODA’s implementation, prepared by former Lieutenant Governor David Onley revealed, Ontario is well behind schedule for reaching that goal. The Onley report found that Ontario remains a province full of “soul-crushing barriers”. Barriers in the built environment remain a serious example of this. The creation of any new barriers in the built environment would only make this worse.

The AODA Alliance elsewhere documented that the new Ontario Government has done a poor job of implementing the AODA. For the Government to take new action that would create more disability accessibility barriers, such as by allowing e-scooters, is an especially serious concern.

No Government Should Ever Compromise on Public Safety

We are deeply concerned that the Ontario Government’s proposal of a five-year pilot project with e-scooters in Ontario was arrived at without proper concern for or protection of public safety. As addressed later in this brief, e-scooters are known to present a danger to public safety.

According to a troubling CityTV report, the Doug Ford Government admitted it had compromised between protecting public safety on the one hand, and advancing business opportunities and consumer choice on the other, when it designed its controversial proposal to permit electric scooters in Ontario for a 5-year pilot. The August 30, 2019 City TV television news story that aired in Toronto in the evening news revealed this troubling new information, and included a comment by AODA Alliance Chair David Lepofsky on it:

“We reached out to the Ministry of Transportation, who told City News in a statement: the proposed pilot project is another example of how the province is helping businesses expand and give consumers more choice. When asked why the project is set to last a long five years, it said: ‘This proposed time line creates a compromise between road safety and access for businesses and consumers. If approved, the five year pilot will take a measured approach that will promote road safety, foster business innovation and open the Ontario market to this new and growing sector.’”

But Lepofsky fears the Government is prioritizing business over safety.

(Quotation from David Lepofsky in the news story) “the Government’s obligation is to protect public safety, not to decide, well, we’ll do some compromise between making sure people don’t get hurt and making sure other people can make some more money.”

We again call on the Ford Government to put the brakes on this proposal and to ensure that there is no risk to public safety, before even contemplating any pilot project with electric scooters. The Government must never compromise on the safety of the public, such as vulnerable people with disabilities, especially when it does so in the interests of some businesses wishing to expand into Ontario. Public Safety must always come first, and its protection should be unremitting and uncompromising.

Now that it has been revealed that the Government’s ill-conceived pilot project was based on an unacceptable compromise on public safety, the proposed pilot project should be withdrawn. The Government should go back to the drawing board.

E-Scooters Have Been Proven to Present a Safety Threat Both to Innocent Pedestrians and to the E-Scooter Driver Themselves

Our review of media articles and other sources posted on the internet quickly revealed that e-scooters are well-known to and well-documented to have posed a danger of personal injury, and in some cases, even of death. Injuries have been sustained by innocent pedestrians and by the e-scooter drivers themselves.

The AODA Alliance was able to quickly locate this information from a web search. As such, the Ontario Government, engaging in due diligence, should have been able to do the same.

The following is a very brief review of some of what we found, prepared in a hurry due to the Government’s very short public consultation deadline on this issue. We point especially to the article on e-scooters in the September 4, 2019 edition of the New York Times, set out in full as an appendix 2 to this brief.

Euronews reported on June 18, 2019, that Paris intended to implement speed limits and parking restrictions for e-scooters following its “first death on an electric scooter”. The French transport minister also announced a nationwide ban on e-scooters on sidewalks, effective September. A week prior to the announcements, a 25-year-old man riding an e-scooter had died after being hit by a truck. The report details other incidents, involving both riders and bystanders. In Sweden, “a 27-year-old man died in a crash while riding one of the electric vehicles in May”. In Barcelona, “a 92-year-old woman died in August 2018 after she was run over by an e-scooter — making it the first case of a pedestrian being killed by the electric vehicle”.

On July 26, 2019, CBC News reported that since e-scooters became available in Calgary, “Calgary emergency rooms have seen 60 patients with e-scooter-related injuries”. The report added that “[a]bout a third of them were fractures and roughly 10 per cent were injuries to the face and head”. These figures have triggered a study by the University of Calgary.

The Copenhagen Post reported on August 5, 2019, that a Capital Region release had identified “100 ‘scooter-related injuries’ this year” in Copenhagen. “Among those injured were several pedestrians, although it sounds like most of them tripped over discarded scooters. Only one ended up in hospital after being hit by one.”

The Guardian reported on August 11, 2019, that Paris had experienced its third e-scooter-related death in four months: “A 30-year-old man has been killed after being hit by a motorbike while riding his e-scooter on a French motorway.” The report went on to state that “[t]he scooter rider was not wearing a helmet and was reportedly travelling in the fast lane when the motorbike hit him from behind”, despite the fact that “[u]sing scooters on motorways is banned in France”. Moreover, “The day before the accident, a 27-year-old woman suffered serious head injuries after falling from an e-scooter she was using in a cycle lane in Lyon. A few days earlier a 41-year-old man had been seriously injured after falling from his e-scooter in Lille.” Finally, the report provided details on another, earlier e-scooter-related death in France: “An 81-year-old man died after he was reportedly knocked over by an e-scooter in Levallois-Perret, a Parisian suburb, in April.”

CityNews reported on August 13, 2019, as part of a short survey of European regulations, that “German police say seven people have been seriously injured and 27 suffered minor injuries in scooter accidents since mid-June, saying most were due to riders behaving carelessly.”

Extend the Current Public Consultation

If, despite the foregoing concerns, the Ontario Government plans to continue with the current e-scooter public consultation, it should significantly lengthen it. On Wednesday, August 28, 2019, just two days before the Labour Day long weekend, the Doug Ford Government quietly posted online, for a meager 48-hour public consultation, its proposal to allow e-scooters in Ontario for five years, for a trial period. Thankfully we were alerted to this by an AODA Alliance supporter, who was concerned about the safety risk that e-scooters posed for Ontarians with disabilities.

On August 29, 2019, the AODA Alliance quickly swung into action on this helpful tip. So did others, including Balance for Blind Adults and the CNIB. The media showed interest quite quickly.

Within hours, the Ford Government gave some ground, though not all the ground we had requested. Late on Thursday, August 29, 2019, the Government announced that it was extending its consultation on this issue to September 12, 2019.

For the Government to announce a public consultation on the eve of a long weekend is a well-known strategy for rushing forward with a decision to implement something new, without truly consulting the public, while wishing to appear that it has genuinely consulted the public. It is a fair inference to draw that the Government has been lobbied by companies that rent e-scooters in the U.S. or elsewhere, in order to get the Government to permit them in Ontario. As noted later in this brief, the proposal of an excessively long five -year pilot project suggests an intent to get e-scooters deeply embedded in Ontario, and to make it harder to get them removed or effectively controlled.

It is essential for this consultation process to immediately slow down. If the Government is not prepared to withdraw its current consultation and go back to the drawing board, with a stronger commitment to protecting public safety, it should at least substantially lengthen the current public consultation period beyond September 12, 2019

Recommendation #1

If it is not prepared to withdraw its current public consultation on e-scooters, the Ontario Government should at least extend the consultation period to October 31, 2019.

Do Not Allow Rental of E-Scooters

It appears that at least in some if not most of the other jurisdictions where e-scooters have been allowed, a very common way that they are used is by companies renting them to the public, rather than by individuals buying them. Of course, the option to buy them was presumably available in those jurisdictions as well. It is reasonable to suppose that the lobbying of the Ford Government that has led to the current proposal for a five-year e-scooter pilot program comes from those big companies known in other jurisdictions to provide e-scooter rentals. See further the September 4, 2019 New York Times article set out in Appendix 2, at the end of this brief.

By this rental model, a member of the public gets an app on their phone to sign up for these rentals. E-scooters are left around the city, tagged with a GPS chip. The individual uses the app to find the nearest e-scooter that is available. They pick it up and ride away. They presumably do not go to a store, or deal with anyone directly and in person from the rental company. When they are finished with the e-scooter, they leave it on a sidewalk, wherever they wish, and walk away. That e-scooter then sits there until another person, using the app, decides to take it away and ride it, leaving it somewhere else, once they are done.

The rental model for e-scooters presents several serious problems. It should be forbidden.

First and foremost, having users randomly leave an e-scooter on a sidewalk or other like public place when they are finished with it creates significant and unpredictable new barriers against people with disabilities. these barriers can instantly pop up anywhere, unannounced.

For people who are blind, deafblind or have low vision, they are a serious and unexpected tripping hazard. They should not have to face the prospect of e-scooters potentially lying in their path at any time. we have received feedback about concerns with this from people with vision loss elsewhere where this has been allowed.

As well, leaving an e-scooter randomly on sidewalks presents a serious new barrier for people who use a wheelchair, walker or other mobility device. For them, an e-scooter can prevent them from being able to continue along an otherwise-accessible sidewalk. The option of going up on the grass or down onto the road in the path of car traffic may not be accessible, feasible or safe. This is especially so for people with temporary or permanent balance issues.

The sidewalks or other public spaces should not be made available to the private companies who rent e-scooters as free parking spaces, fully subsidized by the taxpayer. It would not be good enough for the Government to try to regulate where the scooters are left, e.g. by setting regulations that they not block the sidewalk. This would be very hard to enforce, since police are not on the scene wherever these e-scooters would be left. To the contrary, there needs to be a strict ban in place precluding them ever being left in the sidewalk, given the experiences of which we have learned in other jurisdictions.

Beyond the foregoing concerns, the rental model presents other safety risks. Under that model, a person could go into a bar, drink to excess, walk outside, look on their smart phone’s e-scooter app, and quickly find a nearby e-scooter to ride. That would expose the public to added risks. As it is, drunk driving is a troubling problem in our society that leads to deaths and serious injuries. Our Government should not expose the public to any more such risks.

Were an intoxicated person to walk into a car rental office and try to rent a car, they would have to deal with a human being, who no doubt would refuse to hand over the car keys. In the case of renting e-scooters via an app, there is no comparable control at the source, such as a sales person, to prevent this.

It is no answer to say that drunk driving is already illegal. We already know that that law is too often disobeyed, with innocent people paying the price with permanent injuries or their lives. The Government should not make e-scooters available, increasing that risk.

Recommendation #2

The rental of e-scooters should be strictly forbidden, even if private ownership of an e-scooter by a user of that e-scooter were to be permitted.

Recommendation #3

There should be a strict ban on leaving an e-scooter in a public sidewalk or like location. If an e-scooter is left in such a place, it should be subject to immediate confiscation as well as a strict penalty.

Require Beeping Sound from E-Scooters When Powered On

E-scooters are very quiet, if not silent, when being operated. It presents a significant safety risk for a virtually silent e-scooter to be hurtling towards a blind person at 32 kph. This is so whether the e-scooter is being driven on a road, or on a sidewalk) (where they are supposedly not to be permitted). They pose a similar risk to a sighted pedestrian who can hear, but who is not looking in the direction from which the e-scooter is coming.

Recommendation #4

If e-scooters are to be permitted in Ontario, they should be required to make an ongoing beeping sound when they are powered on, to warn others of their approach.

Reduce the Maximum Speed Well Below 32 KPH

The faster an e-scooter goes, the less time its driver or a pedestrian has to avoid a collision. Moreover, the fast the e-scooter goes, the greater the potential harm caused by a collision.

There is no magic reason why an e-scooter should be allowed to travel at 32 KPH, just because e-bikes are allowed to go at that speed.

The Ontario Government should study the options for speed limits from other jurisdictions to determine the safest maximum speed, before embarking on any pilot project. A considerably slower speed limit should be set. It can always be raised later, if that is justified.

Recommendation #5

The speed limit for e-scooters should initially be set much lower than 32 KPH, such as 15 or 20 KPH, until a strong showing can be made that a higher speed limit poses no safety threat to the public.

Require That an E-scooter Driver Have a License and Proper Training

Because an e-scooter is a motor vehicle which can cause significant personal injuries to innocent pedestrians, a person should be required to get a license before they can drive an e-scooter. To qualify to get a license, a person should have to take appropriate training and show sufficient proficiency, including sufficient knowledge about the rules of the road and the threat to personal injuries that an e-scooter can cause.

Recommendation #6

A person wishing to drive an e-scooter should be required to first take required training on its safe operation and on the rules of the road, and then to obtain a license.

E-Scooters Should Be Licensed and Display a License Plate Number

It is important for each e-scooter to be licensed, and to display a license plate number, as is required for cars and motorcycles. This will make it far, far easier to enforce the law in case a person, driving an e-scooter, collides with a pedestrian, and then flees the scene. Without such a license requirement, it may well be impossible for an injured pedestrian to effectively identify the e-scooter that hit them, and thereby, to trace the driver in question.

Recommendation #7

Each e-scooter should be required to be licensed and to display a readily-seen license plate number.

The E-scooter’s Owner and Driver Should Be Required to Carry Valid Insurance

It is widely recognized that motor vehicles pose a risk to personal injury of other motorists and pedestrians. As a result, both the owner and driver of a motor vehicle are required to carry liability insurance. It is an offence to fail to carry proper insurance.

The same should be so for the owner and driver of an e-scooter. It is important for both to be insured, as is the case for other motor vehicles such as cars and trucks, so an injured victim can recover compensation from either or both, if injured.

This is especially important where, as here, it is known that e-scooters can pose a real risk of personal injury. The victims of such injuries, and the taxpayers who pay for our health system, should not be left holding the bag when it comes to the consequences of the use of e-scooters.

Recommendation #8

The owner and driver of an e-scooter should be required to carry sufficient liability insurance for injuries or other damages that the e-scooter causes to others.

Helmets Should Be Required for All E-Scooter Drivers, No Matter What Their Age Is

The use of an e-scooter can result in injuries to the driver, and not just to innocent pedestrians. This obviously can include head injuries.

A helmet is an important safety measure to at least try to reduce some of the harmful impacts on the driver of a fall from the e-scooter. Yet the Ford Government is only proposing during its pilot project to require an e-scooter driver to wear a helmet if they are between the ages of 16 and 18.

Yet people older than 18 are equally exposed to the risk of head injuries. This creates an undue risk of increased injuries to drivers. That is bad for the drivers themselves and their families. It also creates an unnecessary and unfair burden for the taxpayer, who will have to cover the health and other social safety net costs of those injuries to the e-scooter drivers.

Recommendation #9

All e-scooter drivers, regardless of their age, should be required to wear a helmet whenever operating an e-scooter.

If There Is to Be a Pilot Period with E-scooters, It Should Be Much Shorter Than Five Years and For A Smaller Part of Ontario

The Ford Government is proposing an e-scooter pilot project for the entirety of Ontario, to last fully five years. There is serious reason to doubt whether the Government means this as a pilot project. It appears far more likely that the Government means for this to be a way to embed e-scooters as a done deal, a permanent fixture in Ontario. After five years, the Government may well be hoping that it will be much harder to reduce or eliminate them, if already entrenched around Ontario. We anticipate that this is a real problem facing those jurisdictions that have already allowed e-scooters to proliferate, and that now have serious concerns about their impact.

There is no reason for a pilot project to last for a long five years. A much shorter period is warranted, in order to assess their impact. This is so especially since there are other jurisdictions which have already in effect served as a pilot project for Ontario. They have allowed e-scooters, with all the accompanying problems. As noted earlier, Ontario should study their impact in those other jurisdictions first, rather than exposing Ontarians to the risk of personal injury. Only if that study reveals that e-scooters can be safely introduced in Ontario should a pilot project be conducted in Ontario.

If a pilot project is to take place in Ontario, it should be conducted for a far shorter period, such as six months. A proper assessment of their impact should be assigned to an arms-length organization with expertise in public safety.

There is no reason why a pilot project should take place across the entirety of Ontario. Instead, a specific region or community should be selected. That community should first be given the right to consent or reject the proposal on behalf of its citizens.

Recommendation #10

No e-scooter pilot project should be held in Ontario until the Ontario Government effectively studies the impact on public safety of e-scooters in jurisdictions that have allowed them, and on options for regulatory controls of them, and has made the details of these public. A pilot project should only be held in Ontario if public safety can be fully and effectively protected.

Recommendation #11

If Ontario is to hold an e-scooter pilot project, it should only take place for a period much shorter than five years, e.g. six months, and should only take place in a specific community that has consented to permit that pilot project there.

Recommendation #12

If Ontario is to hold an e-scooter pilot project, the Ontario Government should retain a trusted independent organization with expertise in public safety to study the impact of e-scooters during that pilot project, and to make the full results of that study public.

A Ban on Riding E-scooters on Sidewalks Is Insufficient to Address Public Safety Concerns

To address the safety and accessibility concerns in this brief, it would be insufficient to simply ban the riding of e-scooters on sidewalks. e-scooters present safety issues on public roads, not just on sidewalks. Moreover, it will be extremely difficult if not impossible to effectively police a ban on e-scooters on sidewalks. Even though bicycles are not supposed to be ridden on public sidewalks, pedestrians know that a good number of cyclists nevertheless ride their bikes on sidewalks from time to time, without much fear of law enforcement.

Moreover, especially if an e-scooter is not licensed and does not bear a plainly visible license plate number, it would too often be hard if not impossible for an injured pedestrian to report to police on someone who unlawfully rode an e-scooter on the sidewalk. It will be hard if not impossible to reliably identify the offender in a way that will stand up in court. Eyewitness identification evidence is notoriously hard to present in court.

Recommendation #13

The Government should not treat a ban on riding e-scooters on the sidewalk as a sufficient protection against the threat to public safety that e-scooters present.

There Should Be No Comparable Restrictions on Powered Scooters Used as a Mobility Aid for People with Disabilities

We emphasize that in raising these concerns with e-scooters, nothing should be done to restrict the current availability and use of powered scooters as a mobility aid for people with various disabilities. These are not in the same class of vehicle as e-scooters, addressed in this brief. They do not present the concerns raised in this brief. As we understand it, they do not travel at the kinds of speeds that an e-scooter can travel. They are an essential form of adaptive technology for people with disabilities.

Recommendation #14

nothing should be done to reduce the availability or use of powered mobility devices used by people with disabilities.

There Are Important Differences Between E-bikes and E-scooters

It would be wrong for the Government to proceed on the basis that it should allow e-scooters since it allows e-bikes, for several reasons. First, if, as we have shown, e-scooters present a safety risk, that safety risk neither magically vanishes nor in any way reduces just because Ontario now allows e-bikes.

Second, there are some important differences between the two. A person cannot ride an e-bike unless they already know how to ride a bike. In contrast, a person with no prior experience can, in some other jurisdictions, pay a rental fee, hop on an e-scooter, and immediately start racing in public at 32 KPH. As well, we are not aware of any companies that rent e-bikes on the terms used elsewhere for e-scooters, where they are regularly left as barriers in the middle of sidewalks.

Because this e-scooter consultation has been so rushed, we have not had a sufficient opportunity to explore the full ramifications of e-bikes beyond this. This is yet another reason why this hasty public consultation should be withdrawn or lengthened.

We also emphasize that there are key differences between an e-scooter and a non-motorized bicycle. While some can ride a bike quite fast, a novice cannot simply hop on a bike and race at 32 KPH. Moreover, a regular bike is not a motor vehicle. An e-scooter is a motor vehicle.

Appendix 1 The Ford Government’s 48-Hour Pre-Labour Day Public Consultation on Allowing Electric Scooters in Ontario

Originally posted at https://www.ontariocanada.com/registry/view.do?postingId=30207&language=en

Kick Style Electric Scooter (E-Scooter)

 

Background:

 

The Ministry of Transportation (MTO) is strongly committed to promoting the highest standards of safety for all Ontarians who travel on our roads, including drivers, cyclists, and pedestrians, and will continue working with all our partners on measures that enhance this objective. Trends and technology are evolving, with new forms of vehicles such as e-scooters entering the market.

MTO is interested in new and environmentally-friendly vehicles, however it is important that new vehicles are constructed with appropriate safety features to allow safe integration with all other road users.

MTO is considering the following proposal and invites you to submit your comments for consideration.

E-Scooters

 

E-scooters have been launched in more than 125 cities across the United States. They represent a new way for residents to get around their communities, are seen as providing first and last mile connections to transit, and represent an opportunity to reduce traffic congestion.

E-scooters are currently not permitted to operate on roads in Ontario as they do not meet any federal or provincial safety standards for on-road use. These devices may only be operated where Ontario’s Highway Traffic Act (HTA) does not apply such as private property.

The ministry is interested in exploring the feasibility of these vehicles safely integrating with other road users while promoting road safety and fostering business innovation in the province.

 

MTO is soliciting public comment on potentially permitting the use of e-scooters on roads in Ontario as part of a pilot project. This will allow the ministry to ensure e-scooters can be safely integrated with other road users before a final, permanent, regulatory decision is made.

 

 

 

Proposed E-Scooter Pilot Framework:

 

Pilot Duration:

The length of the pilot will be for a prescribed period of 5 years, to ensure sufficient time to effectively monitor and evaluate the pilot results.

 

Operator/Rider/Vehicle Requirements Include:

 

  • Can operate on-road similar to where bicycles can operate; prohibited on controlled access highways
  • Minimum operating age 16
  • Bicycle helmet required for those under 18 years old
  • No passengers allowed
  • Maximum operating speed 32 km/h
  • No pedals or seat allowed
  • Must have 2 wheels and brakes
  • Maximum wheel diameter 17 inches
  • Must have horn or bell
  • Must have front and back light
  • Maximum weight 45kg and Maximum power output 500W

Data Collection:

 

  • Municipalities to remit data to the province, as requested

 

Appendix 2 The New York Times September 4, 2019

Originally posted at https://www.nytimes.com/2019/09/04/technology/san-diego-electric-scooters.html?smid=nytcore-ios-share

Welcome to San Diego. Don’t Mind the Scooters.

A year ago, electric rental scooters were hailed as the next big thing in transportation. But their troubles in San Diego show how the services have now hit growing pains.

Companies distribute scooters around cities, often on sidewalks. In the area around Mission Beach, one of San Diego’s main beaches, 70 scooters lined a single side of one block in July. By

Erin Griffith

Sept. 4, 2019

SAN DIEGO — The first thing you notice in San Diego’s historic Gaslamp Quarter is not the brick sidewalks, the rows of bars and the roving gaggles of bachelorette parties and conferencegoers, or even the actual gas lamps.

It’s the electric rental scooters. Hundreds are scattered around the sidewalks, clustered in newly painted corrals on the street and piled up in the gutters. In early July, one corner alone had 37. In the area around Mission Beach, one of the city’s main beaches, a single side of one block had 70. Most sat unused.

Since scooter rental companies like Bird, Lime, Razor, Lyft and Uber-owned Jump moved into San Diego last year, inflating the city’s scooter population to as many as 40,000 by some estimates, the vehicles have led to injuries, deaths, lawsuits and vandals. Regulators and local activists have pushed back against them. One company has even started collecting the vehicles to help keep the sidewalks clear.

“My constituents hate them pretty universally,” said Barbara Bry, a San Diego City Council member. She called for a moratorium on the scooters when they arrived, saying they clogged sidewalks and were a danger to pedestrians.

San Diego’s struggle to contain the havoc provides a glimpse of how reality has set in for scooter companies like Bird and Lime. Last year, the services were hailed as the next big thing in personal transportation. Investors poured money into the firms, valuing Bird at $2.3 billion and Lime at $2.4 billion and prompting an array of followers.

At the end of a rental period, a rider leaves the scooter for the next customer to retrieve. CreditTara Pixley for The New York Times

The scooter companies distribute their electric vehicles around cities and universities — often on sidewalks — and rent them by the minute via apps. At the end of a rental period, a rider leaves the scooter for the next customer to retrieve. Scooter speeds vary by company, model and city, as do helmet laws, although helmets generally are not required.

But now, skepticism about scooter services is rising. Some cities, including San Francisco, Paris, Atlanta and Portland, Ore., have imposed stricter regulations on scooter speed limits, parking or nighttime riding. Columbia, S.C., has temporarily banned them. New York recently passed legislation that would allow scooters to operate in some parts of New York City, but not in Manhattan.

Safety has become a big issue. A three-month study published in May from the Centers for Disease Control and Prevention and the Public Health and Transportation Departments of Austin, Tex., found that for every 100,000 scooter rides, 20 people were injured. Nearly half of the injuries were to the head; 15 percent of those showed evidence of traumatic brain injury.

Bird, Lime and Skip are trying to secure new funding, according to three people familiar with the talks, who declined to be identified because the discussions were not finished. In May, Lime replaced its chief executive; several other top executives also left. And in July, Bird’s chief executive called a report about the company’s losses “fake.”

Scooters are “a fun and convenient mode of transportation that really does put people at risk and introduces significant spatial challenges to the civic commons,” said Adie Tomer, a metropolitan policy fellow at the Brookings Institution. “Those tensions are not going anywhere anytime soon.”

Bird declined to comment.

Many scooter companies miscalculated how long the scooters would last — often not long enough for rental fees to cover their costs — and are struggling with profitability, acknowledged Sanjay Dastoor, Skip’s chief executive. His company has designed a way to produce more durable scooters that can be repaired more easily and last long enough to turn a profit, he said, allowing it to “run a safe fleet that we are proud of.”

Lindsey Haswell, Lime’s head of communications, said new industries often faced regulatory challenges, “but our investors are willing to take the long view.” She added that the issues in San Diego did not reflect the global scooter market. Lime has provided more than three million trips in San Diego, she said, and has “as many supporters as we have detractors” there.

Hans Tung, an investor at GGV, which has backed Lime, said he was encouraged by the company’s progress and was confident it would make its scooters safe and profitable. “I don’t see how that couldn’t be achieved,” he said.

Bird and Lime deployed their scooters in San Diego in February 2018, followed by other companies. The start-ups pitched themselves as environmentally friendly, a message that jibed with San Diego’s goal to reduce greenhouse emissions.

San Diego initially took a hands-off approach. The scooters became popular, with an average of 30,000 riders per day, according to city officials.

“Millennials and post-millennials want to live in a thriving, bustling city that has dynamic choices for mobility,” said Erik Caldwell, San Diego’s deputy head of operations for smart and sustainable communities.

But as more scooters flooded San Diego last summer, local business owners and residents began objecting. Alex Stennet, a bouncer at Coyote Ugly Saloon in the Gaslamp District, said people tripped over the vehicles and threw them around. He said he had witnessed at least 20 scooter accidents in front of Coyote Ugly.

ScootScoop has deals with 250 local businesses to remove scooters; it has towed more than 12,500. CreditTara Pixley for The New York Times

Dan Borelli, who owns a bike rental shop called Boardwalk Electric Rides in Pacific Beach, said the scooters frequently blocked the entrance to his store. In July 2018, he teamed up with John Heinkel, owner of a local towing company, to haul away scooters that they deemed to be parked on private property. They charge Bird, Lime and others a retrieval fee of $50 per scooter, plus $2 for each day of storage.

Their company, ScootScoop, has essentially turned them into scooter bounty hunters. They said they have struck deals with 250 local businesses and hotels and have towed more than 12,500 scooters. Some scooter companies have paid to get them back, they said.

In March, Lime and Bird sued Mr. Borelli and Mr. Heinkel for the scooter removals. ScootScoop countersued Bird and Lime last week.

Other cities have called ScootScoop for advice, Mr. Borelli said. Mr. Heinkel said the scooter companies underestimated them. “They assumed we were two hillbillies in a pickup truck, as opposed to business owners,” he said.

Lime’s Ms. Haswell said Mr. Borelli and Mr. Heinkel “are opportunistic businessmen who troll the streets stealing scooters, with no respect for the law, trying to make a profit at San Diego’s expense.”

Late last year, the scooters turned from annoyances into hazards. In December, a man in Chula Vista, a San Diego suburb, died after he was hit by a car while riding a Bird scooter, according to the Chula Vista Police Department. A tourist died a few months later after crashing his rental scooter into a tree. Another visitor died of “blunt force torso trauma” after his scooter collided with another, the San Diego Police Department said.

The department said it counted 15 “serious injury collisions” involving scooters in the first half of this year. Last month, three separate scooter-related skull fractures happened in one week.

On one day in July, there were 150 available Bird scooters within a two-block radius in Mission Beach.CreditTara Pixley for The New York Times

Scooter parking corrals were introduced in July as part of San Diego’s new rules.CreditTara Pixley for The New York Times

As the injuries piled up, Safe Walkways, an activist group, amassed hundreds of members in a Facebook group to oppose the scooters and file complaints to government agencies. In April, around 50 protesters gathered on Mission Beach’s boardwalk with signs bearing messages like “Safety Not Scooters” and “BoardWALK.”

Lawsuits have also piled up. Clients of Matthew Souther, an attorney at Neil Dymott, filed a potential class action suit in March that accused Bird, Lime and the City of San Diego of not complying with disability rights laws to keep sidewalks clear. He said he was working on a dozen other injury lawsuits against scooter companies.

San Diego has started cracking down on the scooters. In July, the city enacted rules restricting where they could be parked and driven and issued permits for 20,000 scooters, across all companies, to operate. In three days that month, authorities impounded 2,500 scooters that violated parking rules. San Diego later sent notices of violations to Bird, Lyft, Lime and Skip.

Last month, San Diego told Lime that it planned to revoke its permit to operate in the city because of the violations, pending a hearing.

Christina Chadwick, a spokeswoman for San Diego’s mayor, Kevin Faulconer, said the scooter operators had been warned that the city would aggressively monitor them.

To deal with critics and improve safety and costs, the scooter companies have upgraded their fleets with sturdier scooters. Bird has said its Bird Zero model, which makes up a majority of its fleet, lasts an average of 10 months, compared with three months for past models. Skip recently announced a scooter with modular parts, which makes repairs easier.

And after a year recalling scooters with cracked baseboards and batteries that caught fire, Lime has introduced new vehicles with bigger wheels and baseboards, as well as interchangeable batteries and parts.

Ms. Haswell said Lime was eager to show the progress it had made. “We admit that we haven’t always gotten it right in San Diego,” she said.

Erin Griffith reports on technology start-ups and venture capital from the San Francisco bureau. Before joining The Times she was a senior writer at WIRED and Fortune. @eringriffith

A version of this article appears in print on Sept. 4, 2019, Section B, Page 1 of the New York edition with the headline: San Diego’s Scooter Tryout Gets Off to a Bumpy Start.

 



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