Electric scooters have recently arrived in Calgary and Edmonton. Known as “last mile” transportation their purpose is to provide easy, cheap, efficient transportation. Many people use them to travel a short distance after they have taken a longer trip by bus or train. Hence the “last mile” moniker.
Many articles and news stories have commented on the injuries experienced by scooter users over the past few weeks. It is unsurprising that injuries would occur while users become accustomed to this new mode of transportation. Inevitably accidents are also going to occur between scooter users and motor vehicles which will result in litigation. Determining liability between the scooter user and driver, and whether there is contributory negligence on the part of the scooter user, will be important considerations when adjusting these losses. This article will discuss the rules of the road for scooters and the terms and conditions contained in the scooter user agreements that could impact contributory negligence considerations.
City Rules of the Road & Safety
The rules of the road for scooters are different in Calgary and Edmonton. In both cities, scooter users can ride on sidewalks. In Calgary, scooters are allowed to ride within designated bike lanes that are present on the road as well as designated public spaces such as Olympic Plaza, Stephen Avenue, and Barclay Mall. All other road use is prohibited. In Edmonton, scooters are not allowed to travel of sidewalks. They are allowed within bike lanes, city trails, shared pathways, and roads with a posted speed limit of 50km/h or less.
In terms of safety, the City of Calgary provides more comprehensive safety information which includes: pedestrians have the right of way, users must be 18 or older, maximum speed is 20km/hr, only one user per scooter, the user must park in secure, upright position in designated areas and users must not be under the influence of drugs or alcohol. Edmonton advises users to take caution when crossing intersections, alleys and access-ways, to use the bell on the handlebar to alert other path users, and to always pass on the left.
It should be noted that as a September 1, 2019, the City of Calgary introduced a new minimum safe passing distance bylaw. The bylaw requires that motorists driving slower than 60km/h leave a minimum of 1 metre when passing someone cycling and a distance 1.5 metres if they are driving over 60 km/h. There is an associated fine of $203 for contravening the bylaw. At this time the bylaw does not directly affect scooter users however, it could be play a factor in liability assessment for motorist-scooter accidents.
User Agreements
Lime and Bird are the two companies who currently have scooters available for rent in Calgary and Edmonton. Both of them require users to sign the user agreements before renting the scooters. The user agreements set out a number of rules, warnings, and safety recommendations that must be followed by the user.
Both Lime and Bird user agreements state that the user must not use scooter for racing, mountain riding, stunts, trick riding or operate on unpaved roads or in water.
The Bird user agreement prohibits the use of the scooter for hire or rewards, and restricts the maximum weight to 220 lbs (Lime maximum weight is 300 lbs).
Safety Recommendations:
Lime
• Must be 18 years old to use
• Advised to wear helmet
• Do a pre-safety check before riding
• Become familiar with operation before riding
• Don’t ride with briefcase, backpack, or bag if item impedes ability to operate
• Don’t ride while using cellphone or other related distracting object
• Use proper hand signals for turning
• Caution going down hill
• Follow local traffic laws
• Watch for obstructions
• Park safety and away from pedestrian walkways
• Only one person on the scooter at any time
Bird
• Must be 18 years old to use
• Advised to wear helmet
• Do a pre-safety check before riding
• Must be competent and familiar with operation of scooter
• Don’t ride with items that alter balance
• Don’t ride while using cellphone or other related distracting object
• Don’t ride with object placed on handle bars
• Ride in bike lanes
• No riding in public parking structures
• No clinging to moving vehicles
• Scooter operation stops at 11 p.m.
• Only one person on the scooter at time
Conclusion
When attempting to determine liability and contributory negligence in motor vehicle accidents involving scooters it will be important to examine whether the scooter user was riding properly, in accordance with City rules, and following the safety recommendations in the user agreement.
Failing to follow traffic laws, riding on the roadway, or crossing the street illegally are all actions that could result in the scooter user being found liable for an accident as opposed to the motor vehicle driver. The user agreements contains numerous terms and conditions that could be relied upon to prove contributory negligence on the part of the scooter user. Failing to wear a helmet, riding the scooter with another person, or traveling too fast for the conditions are all actions that could be deemed negligent on the part of the scooter user.
A more detailed description of rules and safety recommendations set out by each city can be found here:
City of Calgary – https://www.calgary.ca/Transportation/TP/Pages/Cycling/Cycling-Strategy/Shared-electric-scooter-pilot.aspx
City of Edmonton – https://www.edmonton.ca/transportation/cycling_walking/bike-electric-scooter-sharing.aspx