§ 12.62.030. Safety regulations.

A.

To be eligible for a permit, the following standards must be met:

1.

All bicycles used by operators issued a permit under this chapter shall meet the standards set forth in the Code of Federal Regulations (CFR) under Title 16, Chapter II, Subchapter C, Part 1512 — Regulations for Bicycles and ISO 43.150 — Cycles, subsection 4210. All bicycles shall meet the requirements for lights during hours of darkness described in Tennessee Code Annotated § 55-8-177. This includes a front light that emits white light and a rear red reflector.

2.

All electric bicycles used by operators issued a permit under this chapter shall meet the standards set forth for bicycles, including a front light that emits white light and a rear red reflector, and shall meet the National Highway Traffic Safety Administration definition of low-speed electric bicycle. Each electric bicycle must have fully operable pedals, two or three wheels, any of which is twenty inches or more in diameter, an electric motor of less than seven hundred fifty watts, and a top motor-powered speed of less than twenty miles per hour when operated by a rider weighing one hundred seventy pounds. An electric bicycle must meet the standards set forth in Tennessee Code Annotated Title 55, Chapter 8, Part 3. If it is determined that any battery or motor on an electric bicycle is unsafe for public use, the metropolitan government reserves the right to terminate the permit issued under this pilot program.

3.

All electric scooters used by operators issued a permit under this chapter shall meet the standards set forth for electric bicycles, including a front light that emits white light and a rear red reflector, except an electric scooter need not have fully operable pedals nor wheels of twenty inches or more in diameter. An electric scooter shall have a foot board for the user to stand upon and no seat. Each scooter shall have a top motor-powered speed of less than fifteen miles per hour when operated by a rider weighing one hundred seventy pounds. If it is determined that any battery or motor on a scooter is unsafe for public use, the metropolitan government reserves the right to terminate the permit issued under this pilot program.

4.

The MTLC is authorized to adopt safety standards to address other types of UMD's, including but not limited to (non-electric) types of powered UMD's, if it chooses to allow them.

B.

All operators permitted pursuant to this program shall provide a mechanism for users to notify the operator of any safety or maintenance issues with the SUMDs.

C.

All operators shall affix to any SUMD visible language that notifies the user:

1.

A SUMD shall not be operated upon a sidewalk within a business district.

2.

Whenever operating a SUMD upon a sidewalk, the user shall yield to any pedestrian and shall give a signal audible to such pedestrian before overtaking and passing him or her.

3.

Helmet use is encouraged while riding.

4.

When riding on a street, users must follow the rules of the road as one would in a motor vehicle.

5.

All operators must provide a 24-hour customer service phone number for users and the general public to report safety concerns, complaints or ask questions.

6.

Each SUMD must be labeled with a unique identifier.

D.

All permitted operators shall have a minimum of one million dollars in automobile insurance and two million dollars per occurrence in commercial general liability insurance. The Certificate Holder's Insurance shall be primary for any liability arising out of its user's use of that Certificate Holder's SUMD.

E.

Prior to a certificate of public convenience and necessity being issued, all certificate holders shall sign and record with the MTLC an indemnification agreement (in a form approved by the Metropolitan Department of Law) in which the certificate holder agrees to indemnify and hold harmless the Metropolitan Government of Nashville and Davidson County. The certificate holder shall further include in its agreements with its users a term that its users must agree to as prerequisite to the use of the SUMD: that the user fully releases and waives all liability of the metropolitan government for any injury or harm the user experiences arising from the user's use of the certificate holder's SUMD.

F.

Permitted operators shall agree that the metropolitan government is not responsible for educating users on how to ride or operate a SUMDs.

G.

Permitted operators shall inform and regularly educate all users regarding all laws and regulations applicable to riding, operating and parking a SUMD and instruct users to comply with these laws and regulations.

H.

All SUMDs shall include on-board GPS to ensure an operator's ability to locate and retrieve them as needed.

I.

Operators shall ensure that on a regular basis all SUMDs are inspected, maintained, and replaced as necessary.

J.

All certificate holders are required to submit monthly reports to the MTLC certifying under oath their compliance with all of the requirements of this ordinance. The MTLC staff, at their discretion, shall have the right to inspect all SUMDs and records of the operator in order to verify the accuracy of such certifications. Any false certifications shall result in the revocation of the certificate holder's certificate of public convenience and necessity, after notice and a hearing regarding same before the MTLC.

K.

Operators shall be capable of remotely disabling the use of a SUMD should it be reported or found to have a safety, maintenance or other hazardous condition.

(Amdt. C to Ord. BL2018-1202 § 1, 2018; Amdt. A to Ord. BL2018-1202 § 1, 2018; Ord. BL2018-1202 § 1, 2018)