For the record, my name is Gabriela Caleta Zapata, District One City Councilor, and I'm the chair of the Boston City Council Committee on Government Operations.

Today is April seventh, twenty twenty-six, and the exact time is ten oh eight.

This hearing is being recorded.

It is also being live streamed at Boston.gov forward slash city dash council dash TV and broadcast on Xfinity Channel Eight, RCN Channel 82, and files channel nine six four.

Written comments may be sent to the committee email at CCC.gov and will be made a part of the record to all counselors.

Public testimony will be taken at the beginning in uh in the middle and also at the end of this hearing.

Individuals will be called on in the order in which they signed up, and we'll have two minutes to testify.

If you are interested in testifying in person, please add your name to the sign-up sheet near the entrance of the city uh council chamber.

If you're looking to testify virtually, please email our Central Staff liaison, Megan at M E A G A N dot C O R U G E D O at Boston.gov for the link, and your name will be added to the list.

Today's hearing is on docket number zero three two five ordinance amending city of Boston Code Ordinance 17-22, road safety and accountability for delivery providers.

Today I'm joined by my colleagues in order of arrival, Councillor Flynn, Councillor Durkin, and Councillor Murphy.

Members of my team will be listening in to this discussion.

And I plan to review the recording.

Thank you, Liz Burden, President of the City Council and Representative of Alston Brighton.

I'll now pass it to my colleagues for any opening remarks that they may have.

Um, starting with the lead sponsor, Councillor Flynn.

Councillor Flynn, you have the floor.

Thank you, Madam Chair, for holding this important hearing today.

Thank you to my fellow counselors for being here.

I filed this amendment last September and refiled it again in February.

This is intended to remove mopeds and e-bikes from third party food delivery.

It's important to acknowledge that someone lost their life last year after a crash with the moped near Copley Square.

I'm afraid if this body does not act, more people will get hurt, including the drivers themselves.

Food delivery was not something broken in our city that needed to be fixed.

But just a few years ago, these large big tech third-party food delivery companies in the city encouraged workers to use mopeds to make these deliveries.

The reason given was because of one lane blocked on Boylston Street.

Now, across Boston, our streets are less safe with mopeds going through red lights, stop signs on sidewalks in on the wrong way on one-way streets, as they reportedly incentivized to prioritize speed over safety for more assignments, higher ratings, ultimately keeping their job.

That made our existing pedestrian safety crisis worse from the speeding cars we already had.

As I'm as I mentioned, a person died at Copley Square.

No very reasonable person believes food delivery was violating traffic laws at that scale previously.

Someone's delivery order is not an emergency.

With all we're required to do with lower staffing levels and mandatory overtime, Boston police resources are now also being sidetracked to enforce a reckless big tech food delivery model from the pandemic.

At a community meeting across the city for the last few years, residents continue to report these issues.

While we highlight enforcement, it's unrealistic to expect Boston police to consistently enforce all of the hundreds of mopeds every day with staffing levels and overstretched resources.

This is not about cars versus bikes, e-bikes versus mopeds.

No reasonable person believes that our roads are safer for pedestrians, cyclists, and drivers over the last few years.

In the early days of the pandemic, Council Flaherty and I also highlighted how these large technology corporations were charging mum and pop shops 30%.

City and state and national officials all highlighted that they do not classify drivers as employees.

When I started on the city council, the council came together to address Airbnb and investor units.

Last April we passed the mayor's road safety ordinance to require third-party deliveries to obtain a permit.

But it's not at all clear to drivers where they'll get this insurance.

If you were a private insurance company, would you offer policies when you see this type of risk?

Let's have the courage to admit that what is taking place now on Boston's roads and sidewalks is not working.

We need to acknowledge reality.

Boston can no longer be the wild wild west.

Thank you, Madam Chair.

Thank you, Councillor Flynn.

Counselor Murphy.

Um thank you, Councillor Flynn, for refiling and continuing this conversation.

Thank you, Chair, for having this today.

Um it's a balance, right, between safety over convenience and during the pandemic.

I could maybe argue that you wouldn't say it was convenience when people couldn't get out, but at this point, we definitely have to balance what is right and what is wrong here.

And one thing I hope to hear, I know that Councillor Flynn, you had invited the Boston police, but they're not here to speak on this or Transportation Department with ISD.

But you know, we know the police have a staffing crisis already and aren't able to ticket and pull over every delivery driver who may be violating a traffic law that's already on the books.

It's not like we have to create new laws, but we do have to, because some of the stories I hear are just you know, speeding the wrong way up a street.

Like nobody should be doing that.

It's not just delivery drivers.

So allowing any type of chaotic driving should never be accepted.

And I think it's a bigger conversation about making sure we do have the resources on the police side to make sure that all drivers, if they're on mopeds, bikes, cars, buses that they're driving safely, the residents of the city of Boston deserve that.

So just looking forward to the conversation, hearing from the administration and how we can make this ordinance strong to work for everyone.

Because we do know that delivery drivers, this is their means to their job, and they we don't want to take that job away from people, but they can't be driving in a way and not have some repercussion if they're not driving safely or just blatantly violating traffic laws.

So looking forward to this conversation.

Thank you, Chair.

Thank you, Councillor Murphy.

Counselor Durkin.

Thank you so much, Chair Coletta, and thank you for your leadership on this issue.

I would also say that I've been a leading voice on monitoring and enforcing third-party delivery services from uh the havoc they've created on our streets, and I have the receipts to prove it.

Um I also had an amendment in the initial version of this ordinance that requires data reporting.

Uh, we're the first city in the country to do that.

And as a leading voice on this issue, I partnered with BPD and the police on seizures and pickups in my district.

I've been part of a working group with the administrations.

Um, my hearing over two years ago is what kick-started this conversation.

Um, I also proposed a 15 cent fee that was not adopted in the initial ordinance that would have uh generated uh between two and five million dollars for the city of Boston.

Um, unfortunately, I could got not get my colleagues on board with it.

Our constituents are using these services often.

Um, the Durkin Amendment, as I call it, uh, that I included uh to help with us actually receive data from these companies will be provided each quarter.

Um we are the first the first in the country to mandate this.

I've met directly with third party delivery companies about problem areas across the city.

I don't believe that this ordinance, as amended here, is the correct path for Boston.

We also have a letter from the police department saying exactly the same thing.

And let me read it.

They may not be here, but they sent a letter.

Effective public safety depends on strong community relationships in addition to enforcement.

Building and maintaining trust with communities we serve is central to the mission of community policing.

That's what we're actually gonna read this into the record, so yeah, the proposal to ban mopeds and scooters used for delivery prevents potential challenges that could affect that balance.

Um, and because the chair is going to read into the record, I think it's really important that we actually let the ordinance go into effect.

Um, and we actually get our first tranche of data.

Um, so I'm against this as proposed.

And I think that um I want to thank the chair for her thoughtfulness.

I want to thank the mayor and her team for working on this ordinance.

Um we've had independent conversations with these third-party delivery companies.

We understand that our constituents do not want to lose access to these services, and it's not a convenience for some, it's also a matter of accessibility.

Um, we know that micro mobility reduces traffic.

Um we also know that these companies are wreaking havoc on our streets, and we have to provide balance.

But I think it's really important uh that I be here today in opposition to this uh because it's important for this ordinance to actually go into effect.

That's been my position.

Um, and I think I have the track record to prove that I'm willing to work with anyone on this issue, and um, but we need to think thoughtfully about how this will actually impact our streets.

Thank you.

Thank you, Councillor Durkin.

Uh, I'm now gonna read this letter into the record from the Boston Police Department.

It reads uh dear Chair Coletta Zapata, I'm writing to provide input on the enforcement considerations associated with proposed changes to this city ordinance, and I'm gonna um paraphrase here uh that would prohibit the use of motorized electric bicycles, scooters, and similar vehicles for third-party delivery services within Boston.

The BBD is committed to protecting public safety, including reducing traffic hazards, roadway conditions, ensuring accountability among all drivers in our streets.

We share the community's concerns regarding reckless and dangerous driving of all types of vehicles, including those mentioned.

A quick analysis by the BRIC for this hearing indicated that scooters were mentioned in 525 crash report narratives in 2025.

Further analysis would be required to determine exactly how many scooters were involved, but they could have been associated with the victim, suspect, witness, or involvement in another crash.

Additionally, scooters and similar vehicles continue to be used in the commission of crimes, including robberies, firearm violence due to their ability to maneuver easily in traffic.

And they are frequently stolen.

There are 448 auto thefts of scooters reported in 2025.

Our district commanders use data-driven traffic enforcement deployment strategies to address areas of road safety concerns based on incidents, accidents, violations, and community complaints.

In addition, the department partners with the Transportation Cabinet and other city agencies to implement the Vision Zero Action Plan, and the BPD's auto theft unit works with internal and external partners to proactively address street takeovers and stolen scooters, e-bikes, and mopeds.

Effective public safety depends on strong community relationships in addition to enforcement.

Building and maintaining trust within communities we serve is central to our mission of community policing.

The proposal to ban mopeds and scooters used for delivery presents potential challenges that could affect that balance.

Officers would be required to make real-time determinations about whether an individual is actively engaged in delivery activity, which may not outwardly be visible.

That creates a risk of inconsistent enforcement and may lead to interactions that community members perceive as arbitrary or unfair.

Perceptions of unequal impact could undermine our ongoing effort efforts to strengthen community trust.

The department remains committed to working collaboratively with counselors, community members, and partner agencies to advance solutions that improve safety outcomes while maintaining the trust that is essential to effective policing.

Thank you.

Sincerely, John M.

Brown, Superintendent Chief of the Bureau of Field Services.

I want to thank them for sending that letter.

I want to thank our and introduce today's panelists.

Again, we'll be going to public testimony, but I'll just introduce you so that folks know that you're in the room.

This is Mia Capone, Director of Parking and Curbside Management from the Boston Transportation Department, and we'll hear from you in just a bit.

I do want to go to public testimony that has already gotten a lot of people signed up.

So we're gonna take folks in the beginning based on the order in which they signed up.

I have a list in front of me, then we'll go to this list right here.

Starting first with Carmen Blyden, uh Tim Cook, and then Richard Cohen.

If you want to approach the mic, and we've also been joined by Councillor John Fitzgerald from District 3.

If you want to approach the mic, just say your name, your affiliation, and uh you have two minutes.

Good morning.

My name is Carmen Blyden, and I am a Boston resident as well as community organizer for the Boston Cyclist Union.

And today I'm reading a statement from the BCU.

The BCU opposes the proposed amendment to the road safety and accountability for delivery providers ordinance.

The delivery drivers targeted by this proposal are disproportionately immigrants and people of color who rely on this work to put food on the table.

These are already such hostile and economically challenging times for immigrants.

And we don't need to make things worse by adding an additional economic barrier to one of the few accessible jobs for immigrants.

Additionally, this would worsen traffic and congestion across the city.

It would be completely completely out of step with the 2030 climate action plan to have twice as many cars delivering burgers and milkshakes, clogging up our roadways, and polluting our air.

Just imagine if every moped and every moped and scooter on boy, I'm sorry, every moped and scooter on Boylston Street was a car.

Micromobility delivery is a necessity for a city like Boston.

More cars on the road also will mean no benefits to safety, like the proposal suggests.

Delivery and rideshare drivers drive unpredictably because of the current requirements of the job, and Boston certainly needs less unpredictability on our roads.

So not only is this language not equitable and bad for our climate goals, it has the potential to undermine the underlying ordinance that is just days away from taking effect.

The original ordinance passed last year has already already has bold steps to help hold these delivery apps accountable to the concerns Councillor Flynn has raised.

Additionally, the ordinance will collect valuable data which can be used in future amendments if they are needed.

Enforcement is supposed to begin in just a few days on April 11th, so why are we now muddying the waters now?

So why are we muddying the waters now and adding potential delays?

We ask that the city, we ask that the Boston City Council rejects these amendments and proceed as planned with implementation of the language that was passed in 2025.

Thank you.

Thank you so much.

Uh Tim Cook.

Good morning.

Um, my name is Tim Cook.

Uh I live in downtown Boston.

I'm uh calling as a concerned citizen.

I think like many of you who walk uh in the streets of downtown Boston in the daytime or the evening, you've seen repeated uh violations of traffic, uh e-bikes going the wrong way on streets, driving on sidewalks.

This is hazardous for pedestrians, for young families, for the elderly.

Um I'm excited that uh the city council is paying attention to this.

I think I'd also add that uh it's not just the delivery systems.

The city has not addressed civilians uh and commuters who also violate these laws on a regular basis, and while the BPD may be strapped or resources, it's really a public safety issue that we need to address.

And I'm glad that City Council has focused on it, and I hope that you move forward because we really cannot, you know, this is a problem.

People are getting hurt, and we'll continue to get hurt.

Um thank you for your time.

Thank you, Tim.

Uh Eric Richard Cohen, excuse me.

Okay.

Okay, okay, okay, okay, okay.

Richard, you have an echo.

Turn down my mic.

Can you hear me okay?

Yes, we can hear you.

Okay, thank you.

Um thank you for allowing me to participate.

I believe this this issue seemed to have come up uh very suddenly.

I've lived in the city for 12 years now, and I only started to notice it about a year ago.

I do a lot of running on the streets.

Uh I also have a city bike, and I ride my bike around the city all the time.

It's pretty disconcerting to get passed by a moped uh in a bike lane, and uh it's it's very rattling.

I don't begrud people making a living.

I but I do know that they are incented to drive fast and pick up orders.

I know that because I have driven for Uber myself in the past, not the food delivery side, but the passenger side, and the new requests come in one after the next, and it just creates a little bit of a frenzy to uh to speed and and move quickly.

Uh I've observed everything that councillor Flynn has talked about, the wrong way driving, driving down streets quite fast, blowing through red lights, making turns.

I've seen driving on sidewalks and weaving in and out of traffic and parked cars.

I also I live on Beacon Street and I see scooters zipping up and down Back Street, which is technically a private way.

It's used as a cut through for a lot of people, but it's a very narrow alleyway, and uh it's disconcerting to see scooters um uh driving down that street.

Uh a lot of a lot of people walk on that street as well.

Well I will say I also own a scooter, not here in Massachusetts.

Uh I've never gone through red lights, have never driven down the wrong way on a one-way street, and uh I just don't understand that type of behavior.

I've reported this to uh 311 to the police department who were kind enough to call me back on it.

I emailed with Uber in September to see if when I do make a delivery, when I do request a delivery, which is not that often, if I could specify that it's not a scooter, um, and that is not something that they are able to do.

So it's a truly a quality of life issue, and I just hate to see the streets in Boston being overtaken by these scooters as they have become.

Uh thank you for the.

Thank you.

Thank you, thank you, thank you.

Thank you so much.

Okay, we uh we're gonna go to the this um chamber list.

We have Walter O'Neill.

I apologize if I said your name wrong in the theater district.

Chris Christian Cullen from Back Bay, and I believe uh the name is Carmen, and then we'll go to uh the administration panel.

Walter Madam Chairman and members of the council, my name is Walter O'Neill, O-N-E-Y.

I live at uh 151 Tremont Street.

I've gone and prepared a small map of the neighborhood where I live.

The X on this shows approximately where I am.

I look out on the Boston Common, and I regularly see all of the offenses that Councilman Flynn has described in the preamble to his motion multiple times per day.

You'll notice that there is a bike lane on Boylston, excuse me, on Tremont Street that's marked as one way in the same direction as traffic.

Mopeds and other electronic device conveyances regularly travel in both directions there.

And they travel at high speed, the same speed that the most aggressive of automobile drivers drive when they're on the central artery tunnel.

It's impossible for a pedestrian to predict when it's safe to cross the street because these vehicles don't stop for the traffic lights.

And so you take your life in your hands when you try to cross at either West Street or Avery Street or Boylston Street where there are crosswalks.

I would have to say that the attitude of the of the people who drive these vehicles is best termed belligerent.

On one occasion recently, I was driving along Boyleston Street and I was cut off by a moped driver who was completely messed and didn't have any kind of a license plate on his vehicle.

And so I sounded my horn.

And he scooted ahead to the intersection and attempted to stop me from entering the intersection when I was able to successfully get across Tromont Street onto the extension of Boyles Street.

He then zoomed around on my right hand side and smashed my uh passenger side mirror in so that I couldn't be able to see out.

If I hadn't had a passenger with me, I would have had to get out of the car probably to put it back in position so that I could drive safely.

I think the term for that is uh road rage.

Um the vehicles seldom stop for traffic controls, drive fast, move in and out among cars, sometimes travel the wrong way.

I'm regularly coming back from a band rehearsal on Charles Street, and I'm faced with uh somebody driving the wrong way against against me.

Um by and large, I think the problem is twofold.

Number one, the attitude of the drivers, which I've described as being belligerent at best, and the other is enforcement.

Boston police have told me that they're not allowed to pursue these vehicles in order to enforce the law.

And I think that the council needs to do something that will at least ameliorate the problem.

And councilman's Councilman Flynn's proposal, I think is a step in the right direction because it will reduce the amount of traffic that we have to contend with.

Thank you very much.

Thank you, Walter.

I apologize.

I should have said this earlier.

We can join by Councillor Peppen.

Um, Christian.

Uh good morning, uh Boston City Council, and thank you uh for allowing me to speak in support of this uh matter.

Uh my name is Christian Cullen, and I am a current resident of Back Bay at the intersection of Beacon and Berkeley.

I come with you with a perspective shaped by three roles as a Back Bay resident, as a surgery resident, and as a former moped driver.

Uh in college, I had a moped for three years, and I love that thing.

But in addition to this love, uh, I also came to understand how powerful and dangerous these mopeds can be.

That understanding has deepened during my surgical training, where I have led many trauma activations in the ER, and I've seen the trauma and mortality associated with these mopeds.

Reading about the fatal crash near Copley last summer was not abstract to me.

It was painfully real.

Across Boston, we've invested heavily in bike infrastructure to make our streets safer for cyclists, for pedestrians, for everyone.

What we're seeing now is a growing mismatch between the purpose of that infrastructure and how it is being used.

Bike lanes are increasingly occupied by delivery vehicles, mopeds traveling at higher speeds, often weaving through traffic and sometimes riding the wrong way, and frequently using sidewalks, all to stay on schedule and maximize delivery.

This isn't a theoretical concern.

It's something that residents experience every day.

I saw four on my walk to the tea yesterday.

I do not think that the drivers are entirely to blame.

The core issue here is the incentives of food delivery.

Delivery platforms reward speed.

The faster the delivery, the more orders completed and the more income earned.

That system unintentionally pushes riders towards riskier behavior, cutting through bike lanes bypassing traffic rules.

Boston should not be complicit with enabling those incentives by turning our heads in the other direction.

It is not lost to me that this legislation will affect the job security of these many individuals seeking to make a living and provide for their family.

Simply saying that they can buy a car or ride a bike would be short-sighted and naive.

However, I believe that it is such a change is inevitable and ultimately positions as counsel's two decisions.

The job security of delivery drivers or the safety of Bostonians.

I trust that you'll make the right decision in the best interest of our community.

Thank you.

Thank you, Christian.

Okay, and um, just for this round of public testimony again, we'll have more.

We have uh Carmen, I believe, with last name beginning with an X.

Oh, Cassandra.

I believe I it's uh Cassandra.

Cassandra?

Yep.

Excuse me.

Can you recall this?

I'm ready.

It's already recording.

Hello, everyone.

I'm Cassandra.

I'm a resident of the North End and I'm a disability advocate.

While I do understand that people have their jobs and that sort of stuff through the using uh mopeds, but I often find it concerning for the safety of those who are vulnerable with some of the moped users who drive in the wrong direction, which cause problems for drivers and vulnerable pedestrians, children and seniors and persons with disabilities, which is the main concern as well.

Along with the already depleted infrastructure of the city, the last thing we need would be moped users who are not mindful or considerate of the current situation that we're dealing with in regards to the streets infrastructure in the uh city of Boston.

The roads are already narrow.

There are bike lanes.

Why are they not using the bike lanes instead of the why are they on the sidewalks along with the side the pedestrians as well?

That's um rather perplexing thing that I often wonder.

Um, oftentimes almost getting nipped by a moped driver.

Um, I've lost a couple of cane tips because of that, but thankfully I've always been fortunate to have extras in my bag.

But, you know, just a little reminder please be considerate of those on the sidewalk and remember that you are not the only one out and about trying to get to places, even though we do respect why you have to use it, especially if it's employment purposes.

But just remember there are others outside who are not using those mopeds along with you.

Thank you.

Thank you for your testimony.

Thank you for being here, everyone.

We appreciate it.

We'll now turn it over to the administration panel.

Thanks.

Uh starting with me, I should know your last name at this point.

Capone.

Mia Capone, um, director of parking and curbside management for any opening remarks that you may have, and then we'll go to questions from my colleagues.

Thank you.

Um, good morning.

My name is Amelia Ormia Capone.

I am the director of parking and curbside management, also serving as the city's parking clerk.

I would like to thank the council for inviting me to this hearing today to discuss the ordinance to amend the City of Boston Code, section 17-22, road safety and accountability for delivery providers.

I look forward to answering any questions you may have.

In April 2025, this council took a decisive step towards street safety by passing the road safety and accountability for delivery provider ordinance.

We believe that the new requirements will meaningfully increase safe driving by delivery workers and allow the streets cabinet to better respond to the challenges created by the growing demands of delivery.

The existing ordinance was designed to address the increase in delivery-related safety concerns, and rather than a blanket ban on vehicle types, it uses a data-driven accountability model.

For the first time, delivery apps must ensure operators are covered by third-party liability insurance and occupational accident insurance, including those who drive electric and motorized bicycles.

This creates a direct financial incentive for companies to prioritize safe speed uh safe driving over speed.

In addition, through the current policy, the apps will report quarterly on delivery activities across Boston streets, increasing visibility into trip frequency vehicle types, and specific delivery routes.

For this high volume data, we will be utilizing a standardized mobility data specification for efficient ingestion and analysis.

Access to this data will allow the streets cabinet to identify things like hot spots and high risk intersections to tailor regulations and strategies based on actual usage patterns and needs, like for example, expanding pickup drop-off zones outside of high demand restaurants during peak hours.

And this will allow the streets cabinet to move away from broad general enforcement towards targeted deployment as required.

We are currently in the tri critical transition from permit application to active enforcement of this ordinance.

The application process for delivery apps was launched on February 11th, 2026.

We are actively collaborating with major providers such as Grubhub, Uber Eats, and Doordash to meet the terms of this ordinance.

As of today, Grubhub is permitted, and we're working together on the technical data reporting process.

Uber Eats permit application has been submitted and is currently under review.

And we continue to track other pending applications from other providers, such as Doordash, but again, we remain in communication and collaboration with them.

We have also conducted outreach and educational efforts with the delivery workforce in particular, targeting two-wheeled drive two-wheeled drivers with information on the rules of the road.

And I did share with some of the counselors a delivery booklet that we have distributed and published online with educational information.

Full enforcement for non-compliant providers begins next week, April, or excuse me, this week, April 11th, 2026, and will be conducted in coordination with the law department and as stipulated by the ordinance.

While we share the cabinet's urgency regarding moped and e-bike safety, the streets cabinet has significant concerns regarding the proposed amendment to restrict these vehicles entirely.

First, in regards to congestion and environmental impact, shifting delivery back towards four-wheel vehicles would counteract the city's long-term goal of reducing traffic chaos and congestion, especially in high density areas like Back Bay.

In addition, in regards to economic opportunity and accessibility, micro mobility serves as a low barrier entry point for accessible jobs.

A total restriction may disproportionately impact low-wage workers who rely on these affordable modes of transport.

And finally, to maintain alignment with state research and best practices, as noted in the Mass DOT special commission on micro mobility final report.

These vehicles are essential components of a modern last mile delivery ecosystem.

The solution lies in regulation and infrastructure, not exclusion.

We are just days away from full enforcement of the most robust delivery oversight program in this country, and we ask for the council's support in allowing this data-driven framework to work, enabling us to use hard data to manage our curbs and hold multi-billion dollar count companies accountable for the safety of our residents and local drivers.

Thank you.

Thank you very much, Mia.

Okay, we'll go to questions from my colleagues.

Six minutes.

And then we can do a second round, starting with the lead sponsor.

And we've also been joined by Council Luigi.

Councillor Flynn, you have the floor.

Thank you, Madam Chair.

I also wanted to highlight I filed an ordinance in February to regulate all e-bikes in November and 2025 medical professionals at NASH General Hospital highlighted in a Boston Globe article that state law is limited in its regulation of e-bikes due to the lack of age restrictions, helmet enforcement licensing requirement.

They highlighted a recent study by the American Public Health Association that found almost a 300% increase in e-bike injuries, an 88% rise in Powered SCUDA injuries.

According to another recent study, eBugs are about 57% more likely to get into an accident than traditional bike riders.

And we also learned from the letter from the Boston Police Department that there were about 500 crashes, I guess, or accidents just over the last year.

But maybe let me follow up on some of the some of that, those stats.

Do we have any numbers in terms of how many e-bikes and mopeds were involved in accidents last year?

I know the Boston police put something out, but is there any anything else that you're tracking?

Counselor, I don't have that number at this time, but I'd be happy to look into it for you following the hearing.

Do we do we know if um Boston EMS has put any numbers out on that?

I'm not sure, but again, happy to look into that for you, Council.

Okay.

Um, maybe maybe Madam Chair, could I put a couple questions on on the record?

Sure.

Um, could we have the data on the number of crashes from mopeds and e-bikes over the last five years?

What is the data and statistics?

Is the data broken down by food delivery as well?

Um do we know how many people that have had to be taken to the hospital in or emergency room over the last five years relating to crashes with mopeds and e-bikes?

Um, let me ask let me ask another question.

Um, have there madam chairman?

Have there been any criminal or civil cases relating to mopeds, e-bikes, and our food deliveries over the last five years?

Um so when this new policy is goes into effect, can you discuss the role of the Boston police as it relates to enforcement and how it's going to be impacted by the number of police officers assigned at a pick particular time in a in a district?

Yes.

So when it comes to enforcing the existing ordinance, we will be working in close coordination with the law department and following the enforcement stipulations included within that ordinance.

Um that is that is how we would proceed.

I cannot speak to at this moment BPD's role in that.

It would be something the law department um provides guidance on.

Okay.

But we don't know how the Boston police are going to enforce the current um the current law that will be implemented this week.

Is that accurate?

Um I think the role more lies with the law department rather than BPD.

That's my understanding.

So there's is there limited role for the Boston police?

Is that accurate to say?

That's my understanding.

Okay.

So specifically, what would the role of the Boston police be if it's if it's limited?

Um understanding is that the law department would be um taking up the process for enforcement uh as stipulated within the ordinance.

I I do not believe there is a role for BPD on the streets to enforce this as the enforcement mechanisms would be applied towards the delivery provider companies through this ordinance rather than the delivery workers themselves.

So it would be uh it would be enforcement of with the companies um rather than the drivers on the streets.

Has the law department reached out to the patrol officers and um provided them any guidance on the new law and what their roles or duties are?

Um I'm not entirely sure, but I would be happy to look into that and confirm what communications have been had with the Boston Police Department as it relates to this ordinance and their role.

Okay.

Do we know if the Boston police has put out a memorandum at all to no, I'm sorry, do we know if the law department has put out a memorandum to the Boston police on what they can expect or not expect with the new with the new law?

Um I am not aware, counselor, but I'm happy to look into that for you.

Okay.

I know they I know they sent a letter to us today, the Boston police.

Um they they um do we know from the Boston police on the number of tickets issued to third-party food deliveries mopeds over the last several years?

Um I do not have that number, uh, and I'm I'm not sure if that would be something we would be able to calculate as we do not currently collect information on in the in deliver excuse me, individual delivery drivers.

Okay.

But I can look into that for you, counselor.

Okay, thank you.

Um my only conc my concern is, and uh I want to say thank you for being here and thank you for the work you're doing.

I know some city councillors want to ignore the problem or pretend that it doesn't exist, but I'm just not willing to accept that.

I believe our streets and sidewalks are unsafe for persons with disabilities for our seniors for for all residents.

I believe our streets and sidewalks are unsafe for persons with disabilities for our seniors for for all residents, um, and I need to do everything I possibly can to make our sidewalks and streets safe for everybody.

Um thank you, Madam Chair.

Thank you, Councillor Flynn, Councilor Murphy.

Um I'll start um and thank you for being here, and thank you to the public who have already shared some public testimony.

Um the flyer that you had handed out, has this been shared yet, or is this something we are going to share?

Um we have published it online on the road uh on the ordinance web page.

Just on the ordinance, yes, uh, and we have also um have or will be sharing that with the delivery driver union to support the distribution to their folks who they work with.

Um this true um that doesn't matter if you're a delivery driver or not, that these are all rules that we already know are true, correct?

That's correct, right?

So if you're driving a moped to get to work to school to go visit your grandma, like go food shopping, or if you're working, like these X's and green checks are true no matter what, correct?

That's correct.

Okay, and anywhere on that website, because I do know questions come up about what is actually considered a um motorcycle, and is there clear definition between what a moped and a motorcycle is on the website yours?

So um, yes, there is uh information at the bottom of the booklet that provides a URL for the Boston.gov transportation department, which defines um motorized bikes, mopeds, and scooters clearly for constituents to be aware of.

Okay.

And are you aware, like with the union and the companies that all of this information probably is already what they're following?

I'm sorry.

That all this isn't new enforcement.

I would assume that the unions and the companies already let make sure that anyone driving for one of these food delivery companies knows that you have to follow the rules of whatever city you're driving in, correct?

Um, this ordinance isn't gonna all of a sudden say we have rules on the book, now you have to follow them.

They've always had to follow the rules of the road.

That's correct.

Okay.

Okay.

And do you know that it says the quick analysis said that 525 crashes were reported with scooters?

How many of those were food delivery drivers?

Um, I don't have that number, counselor, but I'd be happy to look into it.

I'll also just share that there are some complexities in identifying whether someone is just driving their moped for other reasons versus whether they're actively on the clock working for a delivery company.

So I'm happy to look into it and see if we have that specific specificity in the current data.

Um, but again, it is something we'll have much better data moving forward through the existing ordinance and the data collection process as said.

That was definitely a big part of the conversation last year when we were working through this ordinance about when are you on the clock and when are you waiting to get a call?

Because it's not like these delivery drivers work a clear like eight to four nine to five job.

And I would say most of them, if they own a moped or invested in a motorized scooter or an e-bike, they're also using it for their life, like they use it for both.

Exactly.

Okay.

Um I do just want to highlight a couple things that the letter states how and it seems to me, if I'm reading it correctly, that the police are um concerned about the upcoming changes because they believe the effective public safety depends on strong community relationships in addition to enforcement building that and maintaining trust with the community, and that is the mission of the community policing.

We had a hearing just yesterday um on the summer safety plan, and the police were here to talk about you know how that that continues to be one of their biggest concerns.

This proposal to ban the mopeds and scooters for youth.

Um it's just questioning like are they able to or will they want to?

So I think maybe we need to just reach out personally to the police, but it would be helpful if they were here to kind of explain what concerns they actually do have, um, especially if this just goes into effect.

Um and with the data, what data are we already collecting?

I know from being at those meetings last year that we wanted more kind of personal data about places where people were picking up or not, and some of the businesses were concerned about that.

But what data are we currently using and sharing in the transportation department?

Because we're always you know looking at hot spots, no matter if they're food delivery drivers or school bus pickup and drop-off and spots around the city.

So what data do we use now?

Um when it comes to like specifically regulating delivery providers, um, we are very much excited to have the data stipulated through this ordinance.

We don't have any sort of data at this level or granularity and specific specifications.

Could you talk through then what you'll do with that data once you get it?

Yeah, absolutely.

So I think again, there's two goals of the collecting data in the ordinance.

I think one, we really want to support understand the impact of this policy.

So we aim to be looking at baseline data on resident complaints through 311 and through other channels regarding the safety of delivery drivers.

Uh, so we aim to be tracking that over time as the policy is rolled out and implemented to see if there is a decrease in safety concerns or perception of safety by residents, um, in addition to actually looking at real safety data on accidents and near misses.

Um, in addition, we'll have uh the activity data on delivery um actions going on across the city, which um, as you mentioned, will allow us to better understand where there are hot spots and peak um areas of concern, which will allow us to a tailor enforcement strategies so that um either parking enforcement or BPD could support and generally reinforcing existing rules of the road, um, but also it'll allow us to develop better strategies for curbside management to ensure that you know, perhaps at peak hours at a high demand restaurant, there are more um pick-up drop-off zones for delivery drivers to be able to pull safely over and not create double parking or additional safety concerns on the roads or sidewalks.

So the streets cabinet, NICO, who I see was also invited to be here, they're planning on beefing up staffing and enforcement at these spots.

That is our intention is to do targeted enforcement in using this data to really focus our efforts most efficiently.

And we have the staffing and resources to do that?

We have um, yes, we have a uh a wonderful enforcement team at BTD.

No, of course we do, but they're already out there working every day now, so this would be added.

I'm saying we have budgeted and planned for an additional expectation.

Yes, counselor.

Um, and I think again, this will allow us to target our resources most efficiently rather than doing broad general enforcement of this these areas, we'll be able to really focus on when we see the demand and the need and use our enforcement um resources to the best of their thank you.

Thank you, uh Council Dirkin.

Thank you so much, Chair.

Um, I just want to get right into it.

Um, you mentioned that Uber Eats and Grubhub are moving towards compliance, but you George Ash is obviously the has the biggest market share in Boston.

Where what has been the conversations with Zordash?

Yeah, our conversations with DoorDash have been very productive.

Um we have been collaborating with DoorDash, like from the implementation side, uh, that is my role in the focus of my role.

We've put been collaborating since last fall to help them understand the requirements in the ordinance and ensure that they are prepared to meet the permit requirements.

So, what will happen on April 11th if they do not fill out an application for a permit?

If they do not fill out an application for a permit on April 11th, we will start working with the law department to enforce it as stipulated in the ordinance.

Got it.

Um my priority here is that the ordinance that we have on the books that we worked on that went through a tremendous process, actually be implemented.

And I think that's your goal as well, having met with you.

I'm curious, um the state commission report um that you referenced, um, our office has read through it.

Um that was long awaited that micro mobility report.

Um I know you mentioned uh that any that this specific um language that's being brought forward here as an amendment um would be counter to those goals outlined.

Um can you explain that and um specifically the city of Boston's position in doing a mode shift back to cars over micromobility?

Yeah, um the shift to utilizing micromobility methods of transport is we believe reducing congestion as it is allowing for them to use other lanes of travel, and um, you know, I I believe as well it is a accessible uh job that allows for this industry to provide the critical services our residents need.

And you know, I believe as well it is a accessible uh job that allows for this industry to provide the critical critical services our residents need.

And what do you think the perceived um impact of the ordinance that we passed will be given I I'm just curious, um, you know, as we move towards implementation of the ordinance that we passed, um, are there are there given the insurance requirements, given the licensing requirements, um, which are really important.

I mean, will they will like starting April 11th starting, will there be drivers that are no longer able to operate as third-party delivery drivers?

And how is that what is that gonna look like if if they do not receive a license and if they are if they're not licensed, then they're not insured.

And and how are we moving towards compliance on the insurance end with the companies?

Um, so uh sorry, I'm gonna try to answer all your questions, and feel free to remind me if I missed one.

Um, I'll start with the last one first.

Um, as a part of the permit application, they must submit proof of insurance in the form of a certificate of insurance um liability that stipulates the A type of vehicles that are covered by the insurance.

This ordinance that it was passed last year requires that automobiles, electric bicycles, and motorized bicycles being covered by both um third-party liability and occupational accident insurance.

It also stipulates the time of activity by which the driver needs to be covered, so the engaged status, um, and then it also stipulates the coverage amounts as required by the ordinance for those different types of insurances.

So we are closely reviewing the submitted proof of insurance as well as the required disclosures that they must make to their drivers to explain what is or is not covered by the company provided insurance so that the drivers are fully aware of um their rights and access.

Got it.

And um, I mean, I know there's a lot of conversation about the tools and uh the resources that we have at our fingertips.

Uh the 15 cent fee per delivery order that I put forward um in the committee process um would have generated, you know, between two and five million dollars, how would that have helped with implementation of this ordinance?

I think there are um potential pros and cons, counselor, um, with the 15 cent uh fee.

I think you mentioned the revenue it collect, I'm sure that would be helpful.

Um I do think there are certain like operational challenges to um being able to audit that that is happening across all orders.

Oh, and the Emerson test, making sure that that revenue is actually used on implementation of the ordinance and nothing else, because we aren't allowed to institute any tax without state approval.

Sure, sure.

And I I I'm thinking more from like the um kind of like the operational side, uh, you know, my team would have probably been required to collect that fine, and there would be a lot of uh new potentially uh processes we would have to create to be ensuring that we are tracking and receiving that correctly.

But in a time when we have less and less resources, it seems to me that, and you know what?

I said it on the council floor, and I'll say it again.

Uh the lobbyist won by not implementing a fee because it's so clear to me that when we're talking about staffing, when we're talking about policing, when we're talking about getting people out to the specific sites where there are issues that these third-party delivery companies are charging, um, you know, that are causing, um, it's clear to me that a couple extra million dollars would have been helpful.

So um, and it was clear to people in the administration as well.

I think it's just it's hard to uh it's hard to advocate for the rise in cost of anything as an elected official.

But I do think we need to, if we're gonna open this back up, I just want to say and I want to put on the record that if we're opening up this ordinance again, I will be proposing a fee again because it's to me it's ridiculous that we are continuing to let companies drive the process.

And um, and I mean, I I if you've ever ordered anything from any of these third-party delivery companies, you know, there are multiple dollars worth of fees, so 15 cents per order would have not made a difference to the consumer.

So I want to thank the chair and I want to thank um my colleagues for being active in this conversation.

Thank you, Councillor Dricken.

Uh Council Fitzgerald?

Council Papet was yes.

Oh, I apologize.

Counselor Pet Ben.

Thank you.

Thank you, Madam Chair.

Thank you, Fitz.

Um, just off the rec off the book for me, it's um I'm not a big fan of just blanket bans on anything.

I think that there's a lot more conversation that we have to have before we take such a drastic measure into consideration.

However, I am grateful because I do think it does trigger a lot of conversations and conversations that we need to be having.

And with that, I do believe that there's two realities that exist.

I think that there's a lot of people, as the representative from the Boston Cyclist Union mentioned that depend on these modes of transportation for our well-being to put food on their table.

However, at the same time, like any other mode of transportation, including people that drive cars, people that violate the law.

And for me, it's how do we have the conversation of finding the middle ground of saying how do we keep less cars off the roads?

Because I do think if we were to ban this, this would put more cars on the road.

But also, how do we ensure that people stop violating the traffic laws?

That also means that I believe in Boston we have an infrastructure problem.

We need to continue to improve our streets and make sure that it's a it's multi-model friendly for all modes of transportation.

I think that also the letter from just the police department and also your comments as well.

There are right proper steps in place that haven't even happened yet.

And I'm I'm very curious and excited to see how will this be implemented and I believe that we have to have even a stronger conversation at a state level when it comes to insurance requirements for those that are driving if it's a moped or other things.

I know that the requirements are very different depending on the modes of transportation.

But what I want to also, what I want us to get out this conversation is that I eventually I also want to hear from those that drive mopeds.

I don't know if the app drivers unions represent them.

Um if not, I know that Councillor Flynn and I and Councilor Mejia, we're actually part of a moped task force.

Um where we've had conversations with members of the community who do have communication who do have partnerships or direct communication with those that depend on either moped or to scooter.

So I think that we need to somehow loop them into the conversation as well because it's about setting standards and practices because before we just say let's get rid of all of them, I think that we need to show them there's an issue here.

How can we all learn from what's happening here so that it's a safer city for everyone?

Because it's it would be ignorant of me to ignore the fact that there are incidents that occur on the streets and have people have been hurt.

I've seen it myself.

But I think that before we dive so drastically, and this isn't a bash from Counselor Flynn.

I think that he's doing his job as well, because I know that his district is very different than my district.

So this is an invitation maybe to Councilor Flynn and to any one of my colleagues to let's bring everyone to the table and see what's going on.

Now I have a question for you in terms of ticketing and enforcement and just in general in the city of Boston.

Like I know that as a driver, if uh if you drive a four-wheel vehicle and you have consistent violations, your license could be revoked.

And you're not able to drive anymore, depending on how many flags you get.

Is there similar protocols for moped drivers?

Yes.

So at this time, um, as moped drivers uh in recent years are now required to have a license plate that does allow for us to better uh enforce and track enforcement um for those vehicle types and those owners.

So, yes, we we do ticket moped vehicles as well and have other enforcement mechanisms to uh either remove them from the street um if necessary or um put holds on their registrations at the RMV.

And do you guys I know you may not have it in front of you right now, but do you it have you been able to track how many times you know you a Boston police officer or a BTD enforcement officer has been able to take it because of a moped violation, etc.

Does that data exist?

Um I I believe we should be able to get that data.

Um I won't necessarily be able to say whether they were actively delivering, but I could provide um could look into and provide data on moped uh violations in particular, yeah.

And I think that that distinction is important because my concern is that there's a hard-working individual out there that is using a moped and is following the law to break put food on the table, that they're gonna get impacted because of other folks that are violating the law.

So that is why I think those distinctions are so important, and if if you have the data and uh the breakdown, it's very helpful for us to see that on the council as well.

Yeah, absolutely.

I share those concerns, counselor, um, and I am looking forward to having better data through the ordinance this group passed last year, and I think it will help us answer those questions with a lot more clarity.

Thank you.

Um that's really it for me in terms of questions.

Like I said, I like respectfully too, Counselor Flynn and my colleague.

As it is at the moment, I don't see myself supporting a blanket ban just immediately.

I think we need to have more conversations about how can we learn from what MOPED drivers are doing, what different um what the what the apps are actually holding them accountable to do.

I also want to see this be implemented.

I I want to see us be a month in or two months in of this to see what happens in the course of the call the conversation.

I also would like to see maybe Boston police officers here as well, um, and maybe some parking enforcement I know you'll receive them with parking enforcement officers to hear their experience as well.

But that's that's it for me, Madam Chair.

Thank you so much for being here.

Thank you so much to my colleague, Counselor Flynn, because at the end of the day, right?

It's all about having these conversations and learning what we can learn from what the reality is for my residents.

So thank you.

Thank you, Councillor Papen.

Counselor Fitzgerald.

Thank you.

I apologize.

We've been drawn by council worried.

Sorry.

Thank you, Madam Chair.

Umia, thank you for being here today.

A question do we know what number of mopeds uh are used?

Well, I guess is there do we know what the number of overall mopeds in the city are at the moment and if it's broken down between business use and recreational use?

Um I believe we should be able to pull the number of mopeds registered to Boston addresses.

Um I will have to look into that and follow up.

Um at this time, I don't believe we'd be able to say distinctively whether they're being used for commercial activities or not.

But again, from the data, we'll have much better visibility into what percentage deliveries are being conducted by two-wheeled vehicles such as mopeds.

Understood.

Um I heard you say earlier, if uh typically the company is charged if the if the vehicle is uh, you know, uh I think you were referring to it, if if any sort of enforcement or accountability was held, the company is the one that is really based.

Is does that mean that we can't hold the individual driving the mo kit moped accountable if he or she is going to break traffic laws, or does that all go to the company?

Um no, so thank you for clarifying that.

Um the excuse me, the enforcement of this ordinance, the road safety and accountability for delivery providers, the ordinance itself would be enforced at the company level when it comes to uh unsafe driving behaviors on the street of Boston, those can and should be enforced at any opportunity, whether they are delivering or not.

Um there is and um we are hoping to increase awareness of the rules of the road as well through some of our outreach in relation to this policy.

Great.

So to me, it seems that it's it's one to a a more overall general question, which is in in adapting to the rapidly changing cultures of both business and uh civilian mobility.

Um, should we embrace it or not?

And I think that's what Councilor Flynn's uh proposal is about.

I mean, are we embracing the moped or not in this city?

But to answer that question fully, the Council Papen's point, I think there are some other questions we have to answer, which is the enforcement or probably more importantly at this moment, the capacity for enforcement uh versus the common court common courtesy and safety uh component of this, which uh be it two wheels or four wheels, uh, I think we all have the anecdotal stories that common courtesy and safety uh in traveling uh is is trending in the wrong direction.

Um and with that coupled with lack of the capacity for enforcement for that type of stuff, it it's sort of going back to the original question.

Should we embrace it, but are we ready to embrace it?

So I think there's a lot of conversations to have.

Uh it's difficult to just allow a culture to take place without first putting in some some guardrails.

Um and I think that's what sort of occurred here, and we're playing catch-up uh, and and that's why you hear some of the testimony and uh the incidents that occur and the accidents we see.

Um but as we all know too.

I mean, you could apply this to anything, people's attitude and common courtesy and general safety towards others uh and and and how they uh act um is certainly showing itself in this too, because I I I we we could all have the anecdotal instance.

So um, but I'd really like to focus on the compass the capacity for enforcement because I think um if we can go out to our constituents and say, here's what's going to happen, here's how we're going to keep you safe, here's how uh any moped or two-wheel electric scooter, uh be it for business or civilian use, uh, here's how we're gonna hold them accountable to keeping the general public safe.

I think that there's more comfortability there for people to accept this culture, more you know, ingrained into how we're gonna do things.

Um, but I I don't know if it's ready for that yet.

So I think we have a lot more conversation to do.

I know the fees, I know the insurance, and I know the enforcement are sort of a lot of things that can all play into this.

But I I'm uh you know, also excited to have further conversation about it.

I don't know if a blanket ban on mopeds is the is the correct answer at the moment, um, given we might be too far down the line already.

Um, but there is certainly a lot we can do uh to sort of self-correct the the embracing of this culture and make sure that it fits in with the general safety and businesses uh here in the city.

So uh I have no further questions, but I thank you for your time and Madam Chair, thank you.

Thank you, Councilor Fitzgerald, Councilor Louis Jeanne, and then Councilor Weber.

Thank you, Madam Chair, and thank you to the members of the public who testified and who um elevated the importance of this discussion, and thank you to the administration for being here.

Um in a moment where we have passed regulation to uh try to address this issue.

It is important that we see the data, we see the implementation through.

There is nothing worse than passing a law that then ends up having no real effect, and it won't have any real effect if we don't sort of take a look at the data, we ensure that the insurance requirements are being met, that we get information about uh more information about where the where the deliveries are happening, which I think is incredibly important.

Right now we see that there are sometimes no parking zones, low uh delivery only, and perhaps there are areas where there needs to be expansion because those are the areas where perhaps there are people who are are uh uh drivers of uh of scooters or the these vehicles, mopeds that are on the sidewalk creating an accessibility issue, which is a huge issue for our um uh disabled and differently abled communities.

But I I'm very much for what the approach that we took here, which is regulation and not banning, while understanding that there are we need to, there are probably tweaks that we need to make along the way, um, and that we have to be able to capture the data uh to see to see what what is and what isn't working.

You answered a question when you were talking about BPD not being involved in the enforcement of this ordinance, which is what was envisioned this ordinance.

But I do want to make it clear because I think someone listening may hear that and say, well, what if a moped or a scooter is involved in an accident or is you know involved in speeding or doing something that is contrary to the laws of the road, and just to for a hundred percent clarification, Boston Police Department is involved in those situations.

So if you could talk a little bit more about that distinction, because I don't want people to think that it is a case where there's no Boston Police Department uh involvement in the regulation of a moving vehicle, which is what these are 100%, and thank you, counselor, for giving me the opportunity to clarify there.

I don't want to make uh this, I don't want to add confusion here.

Boston Police Department is and will continue to enforce the rules of the road as it when it comes to four-wheeled vehicles, two-wheeled vehicles, whether they are delivering or not, they will continue to enforce um to make sure our streets are safe.

Um, just to clarify my earlier statement, um, when we are talking about the existing road delivery, excuse me, road safety and uh accountability for delivery providers ordinance, this is uh regulating at the company level to ensure that the companies themselves are um more accountable for their delivery drivers.

So if a company is not in line with our required permit or insurance requirements or meeting the data reporting requirements, we would enforce at the company level, but the rules of the road will always continue to be enforced by our Boston police department and um parking violations by our BTD enforcement team.

Thank you.

Um I don't know if you've have there been instances in the last um let's say year or two, because I do know that even before we had this ordinance, there were attempts to sort of be responsive to this burgeoning use of scooters or mopeds as delivery vehicles, such as expansion of those, you know, 15-minute or you know, delivery or pickup, have how we what data have we used to be able to even do just that?

Yeah, so um I can share and I'd be happy to pull exact numbers for you, counselor.

I do know in the summer of 2020 in the last couple years, sorry, uh we have been coordinating a push to ensure that mopeds are properly registered and regulated.

So I do know of a lot of BTD activities that were focused on supporting that, um, and we have since seen an improvement in terms of compliance with moped um registration on the streets.

Um, again, happy to provide a little bit more detail in in follow-up on that effort.

And I think to Counselor Fitzgerald's point, there is a lot of opportunity for us to think creatively about how to better enforce and regulate these vehicles with limited uh with the limited resources we have as a city.

Um and there are a lot of opportunities we've been looking into, for example, testing new short-term pick up drop-off regulations to get people moving, but also able to access their destination.

Um so we have been testing responses to those regulations, and we are also looking into other opportunities to leverage technology to both better track um responses to different regulations and strategies, but also to potentially support enforcement efforts efforts in the future.

Thank you.

Um and like most things in the public policy realm, I know that there's a it's a delicate balance of both.

How do we ensure that everyone uses the road are safe?

Um our pedestrians, uh, people who are biking, people who are in cars, uh, people who are um uh uh differently abled, uh against you know the need for micromobility.

Uh we heard earlier about how this is income generating income, especially for poor community, poor communities who otherwise don't have access to jobs, black and brown communities, and so I think that delicate balance is one that is really important for us to um to uphold and also you know, we're already a city that deals with really bad traffic, and you know, what does it mean if if you were to actually institute a ban?

Does that mean everyone?

And I know many people are now used to the culture of food delivery that do we replace every non-car vehicle, the moped scooter with a car, and what does that mean for congestion?

What does that mean for traffic?

What does that mean for safety as well?

Because cars also present their own problem, and what does that mean for my environmental issues?

And so I just wanted to uplift that.

These are all trade-offs that we have to think about.

Um, and I still think the road is the best path forward is looking at the regulation that we just passed, the implementation, and looking at the data that comes out of that.

So thank you for being here with us, and thank you to my colleagues for their questions.

And to the members of the public.

Thank you, Councilor Louis Jean.

Counselor Weber, and then Morel.

Uh thank you, Chair.

Uh, just following up on that, you know, in terms of data that we will be gathering.

Like, do we know right now how many uh mopeds, electric bikes are being used to do food deliveries for these apps?

At this moment we do not.

Okay, and then do we expect from the data we'll we'll know the answer to that?

Yes.

Okay, and it says it says provided at the end of the quarter, I think, you know, what so when would we start receiving the data?

Um, yeah, so uh following um well, we've already started with Grubhub, so we've been in conversation with the major providers around this data delivery process to really figure out how to securely uh transfer the data in a in an order to protect the anonymity of customers, etc.

So we are aiming to have our first tranche of data uh in the second quarter um excuse me this summer.

Okay.

Yeah, I never know when the quarter starts.

Okay, so this summer.

Um so uh and I you may have already talked about this.

So is anyone filed an application for uh a third uh party delivery provider permit?

Yes, counselor.

Um we have uh received permit applications from Grubhub and Uber Eats.

We have approved Grubs Hub permit, so they are fully permitted active, and we are collaborating to test out and validate our data delivery process.

Um Uber Eats uh permit is currently under review, um, and we are anticipating uh several more applications coming in this week.

Okay.

Um and then it I I think I heard you say that or at least correct me if I'm wrong.

If we if we did ban electric bikes, mopeds, that would result in more cars on the road and more congestion.

That's our expectation.

Okay, and then like what yeah, what are you are you basing that off studies in other cities or do you have data here in in Boston?

Um I'm happy to look and provide some data, Counselor Weber, um, in follow-up to back up that opinion.

Um but that is a shared uh opinion.

Okay, and I guess yeah, when we get the data at the end of the quarter on the number of do we just take that number and change each of those devices to a car, or do we think how should we interpret that when trying to figure out what the impact would be?

Yeah, there's a lot of really uh interesting opportunities to analyze the data once we do have it.

Um I believe one opportunity could be to look at the amount of time it takes for a four-wheeled vehicle versus a two-wheeled vehicle to make the delivery and consider if we were at 100% of the four-wheeled vehicles, what would that look like?

Um I do believe as well there'd be some interesting opportunities to consider um like curbside management there as well.

That's something I'm often thinking about.

Um so what that would that look like on the roadside when delivery drivers are waiting to pick up their order.

We'll have better data of like those peak hours and um number of vehicles waiting and picking up orders at different restaurants.

Um this isn't something that I necessarily think should decide what we do, but what what impact do we do we know and who do we ask what the impact would be on our restaurants if we if we did ban you know uh ban this uh you do we have a sense of like how many of the restaurants rely on this, you know, what percentage of their business?

That's a really good question, Counselor Welper.

Um, I'm happy to look into that and see if we can provide some um qualitative and quantitative data.

Okay.

And then I I guess so I I did see in the the letter from BPD the concern that enforcement, you know, how would we determine whether somebody was engaged in a food delivery versus carrying their own food or going just you know, we would maybe not even carrying food.

Um are there any other examples you can think of of you know in where we enforce uh laws that may apply to you know more people any similar issues that we've tackled in the past I'd love to reflect on that um and we'll get back to you if that's okay.

Yeah, I mean I I guess like I I I in the past there's been like stop and frisk, you know, uh policies that are have have had problems uh um uh but I I guess just that does concern me is that we you know how would we enforce that ban and who would be impacted by it?

Um and it would involve just you know basically stopping people uh I guess if they had the door dash branding on them.

Um but uh you anyway.

So just uh for the drafters, I mean it is a concern I think that we we'd have to uh address.

Um uh in terms of the the insurance, can you just explain in in the in the current ordinance?

So the the permit holders are gonna have the the providers to Grubhub, they're gonna have insurance for the drivers who don't have insurance, is that right?

Or um what are they gonna require of their delivery of the moped uh bike drivers?

Absolutely.

Um I'm happy to uh review quickly with you the insurance requirements if that's helpful.

Sure.

Absolutely.

So um the provider and as stipulated in the ordinance, the provider first must ensure that all operators maintain current insurance and the amount and types as required by Massachusetts state law to operate all modes of transportation for which registration is required.

Currently that's automobiles and um uh excuse me, automobiles and mopeds.

Um the provider must ensure insurance coverage for all operators using electric bikes and motorized bikes as defined by the Massachusetts general state law.

The provider is responsible for requesting proof of insurance from the operators, except where the provider is fully maintaining the third-party liability insurance coverage required for this permit.

The provider must purchase and maintain occupational accident insurance that covers accidental injury expenses for operators injured while in the active status.

The coverage must include at minimum medical expenses and disability payments for the operators.

The provider must submit proof of this insurance to the city.

The provider must ensure that the operator, the provider, or any combination of the two, there's a bit of a nuance there when it comes to third-party liability insurance with coverage amounts at minimum $50,000 for bodily insurance in injury sustained by one person in an accident, 100,000 for bodily injuries sustained by all persons in an accident, $30,000 for damage to or destruction of property in an accident, and $50,000 for uninsured or underinsured operators, and the provider must submit proof of that insurance to the city to obtain this permit.

Yeah, that I mean that's I honestly I do I think just one last comment.

Thank you.

I mean, that is pretty low in terms of having been involved in lawsuits and damage claims and things like $50,000 is um not a lot of the 100,000 dollars for all the people involved.

May not go very far.

Somebody has serious injuries.

But uh I I just do you agree, just a yes or no?

Sorry, Chair.

That these requirements are designed to make the Grubhub and those providers more responsive to safety concerns because there they'll be paying a price in terms of the insurance coverage and their insurance rates.

Is that I that's how I interpreted that.

I do agree with that, counselor.

Okay.

Thank you very much, Chair.

Thank you.

Um, Counselor Worrell.

Thank you, Chair.

Uh, just a few questions that I have.

A lot a lot of my colleagues have asked uh the questions uh that I have written down.

Um the tickets, you mentioned tickets, um who what type of tickets, um, BTD, police department, because my understanding police department can't pursue um uh uh mopeds or scooters.

So what do you know what type of tickets and who was the issuer of said uh tickets?

Um, Councilor Morrell, I'd I'd be happy to double uh to look into this and confirm.

Um, but in terms of tickets in general, the Boston Police Department is responsible for enforcing moving violations and the DTD enforcement team um response to parking or stationary violations.

All right, yeah, yeah, just kind of wanted to uh understand that more just because of the BPD policy.

Um, and I wish they that they were also here to kind of understand their policy and seeing like what is needed um, you know, for for that policy to now change because I know other cities um have you know enforcement units, um, and I don't know if it's smaller vehicles or you know why why do other cities have decided that their police department or another division uh can't pursue, um, but just wanted to uh first kind of check you know what type of tickets have been issued to them.

Uh I think to Council Pepin's point, uh it would be great to have BPD here to see how we can you know make sure that everyone is enforcing um safer roles for our residents.

Um the other the other question that I have is when it comes to regulations and uh guardrails.

I know that we're relying on the state to try to issue some of these uh regulations out.

Um one one that I constantly hear is insurance.

Is there anything else that you have seen in other cities?

And you might have already answered this already, um, that you're looking forward to the state to pass in that will help enforcement here in the city.

Yeah, thank you for this question, counselor.

Um, I think one thing that would vastly uh increase the ability of our teams to enforce uh is automated enforcement.

Um this is something that is uh I think still in bill status at the state level, but this would allow for us to um enforce at a much greater level across the city and is something that uh we hope to see in the near future.

Yeah, um I agree with that, something that not only would enforce you know mopeds, but also you know, people behind you know the wheel of a car.

So definitely something that I'm advocating for as well, automated enforcement.

Uh, just from hearing from BPD on the short staff in, and I believe that they're not constantly out there taking in people as much as they used to do in the past.

Um so definitely a big fan of that.

And I I too um think that you know regulations and guardrails need to be set up.

Um I'm not you know in favor of an all-out ban.

I think the city has started to make the right steps to uh put in those guardrails and rules and regulations up.

So just looking forward to the data, looking forward to what passes through the state house uh to make sure that we have the protections rules and enforcement in place uh to get this or this motor vehicle type under control.

Thank you.

Thank you, Councilor Warrell.

Um I'll just say a few quick things.

I don't really have any questions, but um really grateful for my colleagues' uh questions and uh thoughtfulness around this.

Um I I take very seriously what the Boston Police Department has to say about this.

Um again, what they had mentioned is that it would be really difficult to make real-time determinations about whether an individual is actively engaged in delivery activity or not, and so it could result in arbitrary enforcement.

And so what we've seen at the state level, and I'm happy that my colleague had brought it up at the state level, there are certain permitting and licensing requirements for mopeds, but not necessarily.

I think we could easily figure out who is um is uh uh doing this for leisure or doing it for for business through that and the data that we collect through the ordinance.

It's gonna be harder with electric bikes, um e-bikes and scooters because we don't have that in catchment from the very beginning.

Now, are there indications of that from the very beginning just by using your site?

Yes, of course.

Um, but I think that that's a very serious thing that we could that we should take from the Boston Police Department and and what they have to say.

Um what's also very compelling is the climate and micromobility goals that we have as the city of Boston.

I do take what you said seriously as well, which is look at all of the mopeds, e-bikes and scooters on Boylston Street, for example, those could become cars.

Um, and the key word is could because we do know that a lot of these workers are utilizing these modes of transportation because it is a low threshold barrier to get access to these jobs and to opportunity, which is something I I take seriously as well.

And so I really um appreciate the point made by Councillor Pep Penn about making sure that delivery drivers are also included in the conversation because I think that doing a blanket ban while not trying to regulate behavior is not necessarily the the approach that I want to take as chair.

And so I do think that we have the opportunity to bring delivery drivers in partnership with some of these apps, um, in addition to all of the voices that we're hearing from community.

So just wanted to put that on the record and thank everybody for their comments.

If it's okay with my colleagues, I will go to public testimony and then we'll go to a second round if folks have more questions.

So I'll start with Matt Ryan, if you're still here.

Lauren Flaherty Rossi.

And Chase Dustin.

Matt, if you want to say your name and your affiliation, you have two minutes.

Sure.

Thank you.

Hi, everybody.

Uh, my name is Matt Ryan.

I live in Beacon Hill.

Um, I became aware of Councillor Flynn's effort to ban motorized vehicles for food delivery drivers back in September.

And I emailed them right away to voice my support.

Um, now that this amendment is is moving forward for further discussion.

I'm happy to have the chance to speak on the matter.

Um, I don't normally consider myself a very politically involved person.

Um I'm here today because I find the issue at hand to be apolitical.

Um, I find it to be a matter of public safety.

About three weeks ago, um, my fiance was nearly run over by an Uber each driver bypassing traffic by driving a moped in the dedicated bike lane on Arlington Street opposite the intended direction.

Uh, she was stepping into the crosswalk to cross over the Comav Mall, and thousands of residents and tourists do the same each day.

Um, unfortunately, a normal active activity such as that um you know almost led to harm, grave injury, or even death.

To the uninitiated, I I'd say that sounds like maybe a rogue driver that's acting in an unusual manner.

Um, but I'm certain that my fellow residents, including many of us in this room, can attest that this is closer to the average than it is to the outlier.

I've watched these drivers often distracted by their devices, weaving in and out of traffic, as our others have said, blowing through red lights, stop signs, driving the opposite way on one ways up on the sidewalk, um, consistently putting lives, including their own, at risk.

Um, not to mention I've yet to see anybody be pulled over or receive any form of reprimand for the behavior.

Uh, food delivery is a luxury service that's becoming increasingly normalized, and we as a city have decided to seemingly turn a blind eye to safety in the time in the name of timely delivery.

The city's pursuit of adding bike lanes for ease of vehicular travel has effectively created a superhighway for food delivery drivers that allows them to bypass traffic and threaten pedestrians.

And the unfortunate case that this ordinance and the amendment are unsuccessful in solving the problem.

I'd encourage our law enforcement officers to the extent possible to take a more active role in curtailing the problem by closely monitoring the high traffic tra high trafficked areas and setting a clear example that violation of the rules of the road won't go unpunished.

Thank you.

I'd also like to thank Councillor Flynn for the opportunity to speak.

Thank you.

Uh Lauren.

Hello, my name is Lauren Flarity Rossi.

I am a South Boston mother of two.

I'm not here to take away anyone's job.

I'm here because I'm scared to cross the street with my kids because of mopeds driving dangerously for food generate delivery.

It is impossible for me to walk my children home from the boys and girls club, which is a nine-minute walk without several close calls while crossing the street.

When my children are old enough to walk home with friends, I honestly do not know how it would be safe for them to do so.

It makes me feel like I cannot raise my children in my own neighborhood.

These fears are not unfounded.

Since 2018, two children, toddler Colin McGrath, and Gracie Granchiva, age four, have both been killed by cars within walking distance of my house.

This is unacceptable.

Please help us have safer roads, help us have safer driving in all vehicles.

Thank you.

Thank you very much.

Uh Chase?

Chase Dustin.

Venerable Council members, Councillor Flynn, my name is Chase Duffin.

I've been a Boston resident for over 10 years, and I'm here today to express my severe opposition to this new ordinance submitted as proposed.

While I hold in good faith that you have your hearts in the right place and that you genuinely want to do the right thing for your constituents, I believe you're failing to see its consequences and are planning to make decisions without data.

First, if passed, this measure will cause great harm to the lives and livelihoods of people performing such food delivery labor.

Before making such a ras and rash and sweeping decision affecting them, I encourage you to study its impacts.

Go ask them.

No, really go ask them.

It will not cost much time or money and will arm you with the information you need.

Stand on Boylston Street, bring a native Spanish speaker with you if you cannot yourself and ask, what will you do if you're banned from performing your work with the vehicle you currently use?

Their answers are conspicuously absent from this conversation.

At a time when socioeconomic conditions are more precarious than they've ever been, as with all of ours in the working class, many will struggle to pivot and struggle to feed their families.

Can you accept the blame for this outcome in good conscience?

You can no longer say I didn't know.

Others will pivot and they will drive cars instead.

This gets to my second point.

Or do you think, as I'm sure most would, that this will further endanger pedestrians, cyclists, all road users, worsening traffic conditions, increasing instances of double parking in bike lanes specifically, and raising the mental health tensions of everyone.

You also mentioned your ordinance of systemic failure of existing enforcement.

Don't you think your efforts are better suited there?

Get creative, hire more transportation department enforcement officers, use 311.

I'm not the expert, but don't scapegoat the BPD and bus lanes.

Fix the systemic problems instead, as is your mandate.

I'll leave you with three thoughts on how to earn broad respect and consensus on this issue.

Be data-driven and consistent in your ideology.

Invite those to whose means of labor you make sweeping decis sweeping decrees over into these very conversations so that you can understand their perspectives and predict how they will respond to this.

And last, be intellectually honest about your motives.

Thank you for your time.

Thank you.

I am here to raise um three issues.

First, I want to raise the issue that these mopeds who are delivering food are performing reckless driving.

I'll give you a few examples.

See how this could um affect a visually impaired person.

Second of all, uh my point is on behalf of the LGBTQ community and women.

Unfortunately for the moped drivers, my first language is Spanish.

I am an immigrant.

And as I am walking on the street with my husband, I can hear them saying derogatory and hate speech against LGBTQ community members.

How do I know?

Because I speak Spanish, and the equivalent to the words that they're using, I am not going to say it on the floor.

It's that F-word.

So fill in the gaps.

That's very bad.

Second of all, I have seen them, I have observed them in various districts.

Fenway, Tabac Bay, South End, near the Christian Science Museum, where they actively harass women in Spanish, throwing kisses and saying sexual comments.

Unfortunately, a lot of the women they harass are not Spanish speakers.

So they're not able to understand that they're actually being, you know, sexually molested, if you will.

That is terrible.

Nobody should go through that.

Three weeks ago on Massachusetts Avenue and the intersection where the Christian size museum is, my husband almost got run out by them.

We stop this person and we say, hey, hey, what's going on?

And he responded with an insult for the LGBTQ community.

At this point, my husband is always asking me, am I safe outside?

Am I safe?

I'm sorry, outside.

We are always wondering or extra cautious when we're crossing the streets, even if we have the right, because they are not respecting our streets.

Thank you so much.

Thank you very much, Eduardo.

Um Jen, Elijah, and then Montel, and then we'll go to uh back to questioning.

Jen Starr.

And then Elijah Evans and then Montel Caldy.

Hi, thank you very much.

I'm Ben Star 49 Beacon Street.

Uh for on and off of 15 years I've managed traffic and parking within the Beacon Hill Civic Association.

Uh though we didn't have a meeting in advance of this meeting, so I am here on my own.

I'd just like to call out uh a population that really hasn't come up here, which are those who received the food deliveries.

I I would guess educated guests that uh Councilor Flynn and Councillor Durkin's district uh have the highest rate of that.

Um I am in support of counselor, as a result, I'm in support of Councillor Durkin's uh suggested fees.

Um because that population who receives food delivery apps, none on my phone, uh, who receives food deliveries through the apps are getting off easy here.

Um and those dollars could then be deployed into enforcement.

Um they could be deployed uh back into the concern for the drivers.

Um, but I am for regulation and enforcement and against bans.

Thank you.

Thank you, Ben.

I apologize.

Elijah Evans and then Montel.

Good morning, everyone.

My name is Elijah Evans.

I'm currently a JP resident, but lived in Dorchester for most of my life.

I'm also the CEO of Bike Stomp Bombs.

For over four decades, our mission has been clear to use the bicycle as a vehicle for social change to achieve economic mobility for black and other marginalized people in Boston in the global south.

I stand before you today in strong opposition to a whole-scale ban on micro mobility.

I also find it a little ironic that today is our federal government threatens to bomb bridges and power plants, critical infrastructure in Iran.

At the same time, our local government is seeking to ban e-bikes, mopeds, and scooters for third-party delivery services.

Critical infrastructure for economic independence.

For thousands of low-wage earners, young adults, and immigrant workers in our city, these two-wheeled motorized vehicles are not just for recreation.

They're a lifeline tools people use to earn a living in a city that I think we can all agree is increasingly unaffordable.

We need to recognize that for people who live in neighborhoods such as Dorchester, Mattapan, and Roxbury, the cost of owning a car is simply out of reach.

Making accessible micromobility solutions like e-bikes absolutely essential in our transportation system.

This ban hits the poor the hardest, systematically targeting the livelihood of those who, in the age of AI, are already facing a profound opportunity gap and limiting their access to jobs as a result of what we call mobility apartheid.

The segregated access to safe and affordable transportation.

If our true goal is safer streets and a sustainable city, we should be advocating for methods of getting people out of their cars.

While complaints about micromobility have increased, we know that cars pose a greater, a much greater danger to our public safety and our planet.

But we're not banning cars, right?

We urge the city council to reject this ban and focus on enforcing the strong rules already passed in 2025.

Let's regulate unsafe riding and invest in better bike lanes rather than removing a vital pathway to economic independence for our most marginalized residents.

Thank you.

Thank you very much.

Montell.

Thank you, and good morning, uh members of the Boston City Council and uh Madam Chair for uh allowing me to testify today.

Uh I want to make my remarks fairly concise.

I think a lot of sentiments have already been expressed by previous speakers.

However, I do want to raise three things that haven't been mentioned yet.

Counselor Flynn, I think your ordinance is well meaning.

I think it comes from a place of care and consideration from the vulnerable road users we've heard from today, including seniors, the elderly, uh, and folks with disabilities.

However, this provision, or as it's written, is a poison pill that doesn't really serve the needs uh of some other counselors, as they've mentioned from Councillor Durkins highlighting of algorithmically driven uh gig economy workers to meet excessive uh time constraints, uh, to counselor Fitzgerald highlighting that we are being reactive to our culture rather than being proactive.

Counselor um Weber addressing that uh this insurance system uh is inefficient for dealing with a strict liability uh method when there are mixed actors on the road.

All these factors make it so that all the critiques of this ordinance I think are relevant and salient.

Uh the first thing I would like to address is I think a category categorical classification that I think is false.

Most of the sentiments that have been raised today have been against mopeds, usually gas-powered vehicles that are either 50ccs or or more, uh, and uh separating that from e-bikes, which are usually pedal assist bikes, uh, that can be facilitated with a throttle to go up to 20 miles per hour if they are a class one or a class two.

That's the first thing that I think needs to be addressed when it comes to any sort of ordinance related to uh blanket bans or at the very least mixed mode uh traffic.

The second thing I would like to address at the very least uh is the idea that um is the idea that um doing uh implementing such a blanket ban uh on folks pushes them uh into situations where they're unsafe rather than thinking about the built infrastructure that we currently have.

If anything, it's a framing issue where you're pitting vulnerable road users against each other rather than building infrastructure that they need.

Uh, in terms of actual constructive issues or uh solutions that we can move forward, uh I would love to see the city council engage with Boston police uh to see them engage with the summer plan and build in a way to incorporate uh some of the perspectives of these young people and utilize their skills and give them an opportunity to showcase rather than blanketly cracking down on them when it comes to um any of the write-ups that they may do.

Uh and in addition, leveraging the tools that the city of Boston has already implemented, such as uh the Boston uh delivery pilot, uh e-bike delivery pilot that was already happening, uh reinvesting into additional community education and training, as Councillor Murphy and Councillor Pipen mentioned.

Um I think those are ways that we can effectively engage the community to build consensus and move us forward uh while avoiding this uh slow walking or ban that we've seen on additional uh infrastructure that would benefit vulnerable road users.

So thank you all.

Thank you.

Thank you.

Okay, we'll go back to the second round of questions.

We do still have folks on Zoom.

Oh so I I apologize, I don't have you, Cliff, on my list in front of me.

Um we're gonna go to uh second round of questioning.

Okay, cool.

All right, thank you.

Right, your name is Cliff.

I apologize.

No, I'm sorry.

I'm so sorry.

Okay, uh, we'll go to Councillor Flynn and then we'll go back to public testimony.

Thank you.

Thank you, and thank you, madam chair, and I don't believe that we should be implementing any fees or taxes as it relates to this issue.

I think residents, regardless of their position on this, don't want to see more taxes or fees.

Um wanted to highlight highlight that issue.

I just want to go back to some of the issues.

I know I know the Boston police were invited uh to come today, and um they're not here, but some of my questions are about more of the public safety aspect of it.

So with the new plan that's going to be implemented this week, so that will be basically enforced by Boston transportation and not Boston Place.

Is that is that accurate?

That's correct with the law department.

Okay.

And how will how will the law department communicate with um with Boston transportation as it relates to an on-screated issue?

Will the will the Boston transportation have access to contact the law department if an a ri if an issue does arise um during during a a stop for one particular reason or another sorry um counselor?

I believe the the situation you're describing is like an on-scene incident.

I believe the the situation you're describing is like an on-seen incident would be related to um Boston police department or BTD enforcement rather than the law department, like enforcing the rules of the road to ensure straight safe driving will continue to maintain in the court.

No, but if it was if it wasn't um rules of the road, if it was a moped or e-bike that was stopped, um I represent a portion of the back bay.

If it was stopped at a restaurant in a bit in the back bay waiting to make a pickup and transportation department was on scene, that's when transportation would enforce the law, is that correct?

That's correct when when they're stopped in and parking.

Yep.

So in that case, if there was some discrepancy on exactly what the what the law would be, would that transportation department official then contact the law department if there was a um question on scene um so that they can get guidance from the law department?

Uh we um remain in close contact with the law department and when needed do look to them for advice to ensure proper enforcement of regulations.

I will say um I don't anticipate at this moment, according to the existing ordinance that BTD would need to be in contact with the law department because the parking regulations are maintained the same, whether this ordinance or not exists, if that makes sense, counselor.

But if the Boston transportation had an issue of of law in the person on the motor bike or the e-bike or the moped uh disagreed with transportation interpretation of the law, would would the law department come in and and try to clarify what the law is so that there's a satisfactory um opinion on the issue at hand?

Um yeah, so we would follow our existing processes for dispute of violations.

So if um an individual is issued a uh parking ticket by BTD or B Boston Police Department, they have an ability to appeal that violation, um, which is then reviewed by my uh team at the office of the parking clerk and the adjudication division.

Um we then conduct uh you know, if it's not if the appeal is not accepted at the first stage, there is an opportunity for the constituent or driver to come in for a hearing, um and we would provide a decision at the hearing.

If the constituents still would like to dispute that uh decision after the hearing, they may take that to the um Suffolk Superior Court.

At that point, the law department comes in and supports the the following process from the city side.

Okay, thank you.

I'm out of time.

Um I want to say thank you to for you to for answering my questions.

Um I just want to make a final a final note that many people from my district from district two, I should say, not my district, district two, testified um in support of my proposal.

There was residents from the Back Bay from uh from Beacon Hill, from South Boston, uh, from other areas of downtown Boston.

I I am doing my due diligence to provide the safest environment I can for not just constituents but also for Boston residents.

I just can't accept a city that there's a there's a philosophy if it's the wild west, anything goes whether it's on the sidewalk or on the streets when I see mopeds or e-bikes driving down driving on a sidewalk the wrong way, and elderly people are jumping out of the way, and persons with disabilities are jumping out of the way.

I just can't ignore that.

I do have to do my due diligence to provide a safe environment.

I see uh one of my neighbors picking up her children at the South Boston Boys and Girls Club right across the street, down the street from my house.

I also see it every day.

I just can't ignore what's happening out there.

I have to do my due diligence to provide the safest environment in neighborhood I can for my constituents, and I'm gonna continue to work on this issue because I think pedestrian safety and ensuring that persons with disabilities, our seniors, families, all residents have a safe sidewalk and a safe street to cross.

Thank you, Madam Chair.

Thank you, Councillor Flynn.

Um only have Councilor Durkin with us.

Council Jerkin, do you have any more questions?

Okay, thank you so much, Chair.

Um, yeah, I obviously this issue is deeply important to a lot of us, and um, you know, I definitely heard um from folks in my district on both sides of this issue in advance of the hearing and at the hearing today.

That we have an ordinance that is currently in the process of being implemented.

And my top priority, and I think all of us as the city council's top priority should be to get every single company who which is DoorDash, GrabHub, Uber Eats to comply with the ordinance.

It sounds like Uber Eats and Grubhub have done what they can to get through the permitting process.

I know I asked you a question earlier about DoorDash.

Can you tell me if there's any specific point that is a sticking point for them, or if you imagine that their application will come in before April 11th?

Counselor, um, my I fully anticipate to receive their application.

We have not been in contention on the uh meeting of the permit requirements.

Perfect.

Okay, because that's my impression, having met with them myself.

So um thank you for that.

Um I think as a city, um, we we need to see if this, which I mean, would be like you said, um one of the most uh comprehensive ordinances that has been passed um in the nation.

Uh we need to make sure that that actually gets implemented and that we see the impacts on our streets.

Um I do want to say if we're going to open this up.

I think the thing that I would have opened up particular, and I know that you said there are some administrative challenges.

I do think a fee, um, given the feedback from our colleagues that they want to see more enforcement.

How do we do more with less in the budget situation we're in as a city right now?

Um we need to get real about um how we can create resources for specific issues that are being caused on our streets by these third party delivery drivers.

I don't want to be a broken record.

Um I also don't want to open up an issue that we like I I really do think we need to implement the ordinance that we have and then move on to to seeing what we need to do to ameliorate these issues.

So um I am against uh the ban as proposed.

Um I uh will do everything within my power uh to fight any changes to an ordinance that hasn't been implemented yet.

I think that that is common sense and policy-driven uh thoughtfulness that I want to come out of my office.

But I've been the first one to say that these companies are getting away with something here, and so they need to be licensed, they need to be insured, they need to comply with the ordinance, and they need to give us the data.

Um, and I think the data will help inform where we move from here.

So I want to thank you for your work.

Um, I want to thank um Commissioner Gove, or I should say interim chief Gove.

Um, I think as a city we need to work together, and I think part of how we work together is by we've already affirmed our support for this ordinance.

Let's get it implemented.

I thank you for your time, Chair.

Thank you so much, Counselor Durkin.

Um, seeing that there are no other colleagues, I'll just briefly say it.

Yeah, I think um with what we've put together and the timeline that we're currently on.

Um, and based on what I'm hearing from my colleagues, I do think that it is a mischaracterization to uh to say that any thoughtful policy discussion where folks are asking really poignant questions and trying to ensure that we are bringing in all perspectives is us ignoring a problem or thinking that the current situation is um is sustainable.

I do think that there's there's opportunity here for some changes with enforcement.

Um but when we go forth with whatever, if if there are amendments in the future, uh, and I of course want to work with counselor Flynn and my colleagues to ensure that it is reflective of what's happening on the streets, um, while also trying to mitigate uh any potential job loss or um or try to avoid derailing our micro mobility goals as part of our net neutrality goals, right?

So I think that there's there's a there's a lot here in this conversation, it's not just black and white, and I as chair will bring that perspective to this conversation, um, but wholeheartedly hear everybody that provided testimony and really look forward to the implementation of this ordinance so that we can get this data and how that interacts with state law, what's already on the books, what we need to ensure is on the books, um, is something that I will also be considering.

Okay, with that, we'll switch to public testimony.

We have um one more in person, and then we'll go to those online.

I think there's about seven people that have been waiting.

So we'll go uh next to Clifton Braithwite, and then if you're online, Eric Cortell, Madison, and Paul Leary, you'll be up next.

Clifton, you have you have two minutes.

Yep, I'll be very brief and short.

Good afternoon, everybody, council and good afternoon, young lady.

Um, my name's Clifton Braithwaite.

Um this city since the age of eight.

So um I feel I'm committed to this community after three decades of serving.

And um, I just want to add on, that's why I waited to be last.

One one concern that doesn't happen much is in my community, Roxbury, Dorchester, Mattapan, Tips of JP in South in South Boston.

The problem is when Lyft and Uber started, these were things that we spoke about ahead of time.

The safety.

How do we accountability who's who?

Right now, what I see when it comes to the drivers who are doing the Uber Eats and they're driving their bikes and their personal um vehicles on even um the mopeds.

There's no way to identify if that's a street person hanging out or they're working for a company.

Now I can understand the complexity of the companies, that there's so many people working, and they're not just working for DoorDash, they might be working for multiple streams of um companies to bring food to people.

Even the private sectors do it.

So I think there should be some way for us to identify an antenna that goes on the back of their bikes that is brought um for the app that they're using, um, some type of identification with shirts, with colors.

So when the officers are seeing these things, they can determine who's who actually working and who's hanging out.

Then another thing no one has mentioned here is the safety of our elders.

I get the calls in my community all the time.

And when I mean my community, I'm talking about the whole Boston.

And a lot of the seniors are worried because they're not sure who that driver is.

So there's no way to identify.

And if we always want to point the finger, let's stop pointing the finger and find a way to be able to put safeguard our seniors.

There's no way for them to know who's coming at their door.

So there should be some type of once again.

Let me bring it back.

Whatever company or stream they're working for, they should be identified with having some type of information to prove who they are, not just a small badge.

We really have to dive deeper into that.

And also to cut jobs, there's a lot of men and women in my community, no matter what walk of life they come from, no matter what color they are, they have checked passes.

So we have to make sure that we at least keep these jobs for those who can work.

There was a time when if you were a drug dealer and you changed your life and you wanted to work in the pharmacies, you couldn't because your past was a drug dealer.

There was a time if you were a drug dealer, you couldn't even get access to your own kids.

But times have changed.

We have to work with the times of now and try to figure things that work for all people.

Because what I heard the most of down here is the areas, the business areas that really deal with people living there.

And that is a major concern.

I'm not minimizing none of that.

But there's also a concern in the inner city.

We don't where we don't get the same services, and a lot of our elders are scared to open the door, and they just paid.

And one more thing in closing, these third parties, and I hear this all the time, so while I'm here, I'm gonna end it here.

How do we keep the third party accountable when someone orders food, spent their money, and they can't even receive the food that they paid for?

So we have a lot of things to tighten up as far as people getting their food, safety, but I believe with the council that we have and the people that we have in government, as long as we all sit down together and the community comes up and steps up, listen to all voices, and let's get this together because I believe we can do it, and we're the beacon of this whole country.

Thank you.

Thank you.

Thank you, Clifton.

Um sorry, we have one more person uh that signed up for public testimony uh in person.

We have Janiel Hart, and then we'll move to uh it looks like Eric, Tiffany, Leanne, and Katie online.

Um hi there.

Uh I was compelled to bike over here from BU on my lunch break because I was listening to the to the meeting.

Um first time listener, first time caller.

Um but uh you know on my lunch break, I I wanted to come over here and and and say my piece.

I've been a Jamaica Prairie and resident for for eight years.

Um I bike commute, I'm also an occasional driver.

Um I've had my fair share of run-ins with um mopeds and scooters and everything else.

Um, but I feel personally that the danger is coming primarily from from cars.

Um, you know, if we're speaking of anecdotal evidence, just on my way here, coming down Kamav, there's a car that failed to yield, and just now in Washington there was a car that you know swept into my into my lane.

And I'm I'm trying not to be mad about that.

Um but I and and I I also understand that people have have had real real risks, but I I don't see that uh banning mopeds is the solution.

Um when what a change of behavior and infrastructure is what we want.

Um so I I think if we want safe streets and sidewalks, we need better infrastructure, and that requires long-term investment and community engagement and um not bands.

Thank you.

Thank you very much.

Um we have Eric Cortell online.

Eric, can you see and hear us?

Eric, uh, we cannot hear you if you're talking.

I have two important points to make.

I'm a uh South End resident for the last 40 years.

Um, and in this discussion, there seems to be a general misunderstanding or misconception of the types of vehicles that we've been describing.

This, according to the state, is a motorized scooter.

Okay.

This vehicle is the vehicle that the delivery drivers are driving.

This is a fly wing 150.

This is the most common vehicle used by the third-party delivery drivers.

It is a 150cc motorcycle.

It is not a moped.

Virtually none of the third-party delivery drivers are driving mopeds or e-bikes.

According to the state, a moped is defined as a uh assisted bicycle or a non-peddle non-pedal bicycle with a motorcycle with a motor that has the following characteristics.

No more than 50 cubic cc's per capacity of a cylinder.

Those vehicles have a maximal velocity of 30 miles an hour.

These flying 150s and model similar driven by our third-party delivery system.

Eric, I am so sorry to say that we are having technical difficulties if you want to maybe maybe turn the camera off.

Unfortunately, Eric, we cannot um you're coming in and out.

I'm so sorry.

And these are the vehicles that are driving the room where can you hear us, Eric?

I think what we may have to do is come back.

Oh, sure.

Yeah, we are um you're not coming in clear, and I want to make sure that we hear your testimony.

These vehicles, well, let me at least continue.

Maybe here's register.

They don't have inspection reply.

Yeah.

I'm gonna have to.

Uh I've been on I've been waiting for two hours.

I I understand.

I think you're you're coming in a little bit better now.

Okay, let me let me just summarize two things.

One we have the jurors driving motorcycles, not mopeds.

They're not registered, they're not inspected, and I would guess the vast majority don't have Class M driver's license.

Type issue number two.

The state legislature passed the law in 1998 governing bicycle messengers and delivery people that go into more restrictions and more regulations than any of these topics discussed today.

I encourage everyone to review that law, chapter 302 from 1998, which governs insurance, education, fines, requirements of the companies to provide details of who's driving their vehicles.

The the drivers must wear badges, visible badges with their names, uh faces and IDs to be identified as commercial operators on the streets of Boston.

That's already in place, but not being followed.

So I encourage everyone to review those laws.

That law.

Thank you very much.

Thank you, Eric.

Um, I just want to call attention to the fact that the the um that also may be the case.

The transportation bond bill was signed into law August 10th, 2022, which establishes the current class of uh one and two e-bike definitions.

So I don't know if that supersedes it or not, but that will be something that we definitely take a look at and review.

So I I appreciate it.

Um next up we have Tiffany Kojell.

I apologize if I'm saying your name wrong.

Good morning.

Good morning to uh city council uh and everyone who showed up to testify.

My name is Tiffany Colgell, executive director of the Boston Cyclist Union.

I'll start with data.

It's sobering between 30 and 35% of food delivery car drivers report having been in a crash while working.

Delivery drivers account for nearly 20% of all work-related motor vehicle crash fatalities, making them statistically more likely to die on the job than police officers.

One accident occurs every 143,000 orders placed, which translates to roughly 1,000 crashes every single day across this industry.

How many people have been impacted by car deliveries over the past five years?

How many people wind up in the hospital due to delivery related crashes?

Truly the wild wild west.

If this council is serious about addressing the traffic dangers associated with food and gig delivery, I urge you, let's address it holistically.

The data is clear that cars are involved in the vast majority of delivery related crashes, yet there is no hearing beyond uh being convened to discuss restricting or banning car-based deliveries.

Why not?

Well, because we don't hold an entire industry of workers responsible for a systemic problem when it's cars doing the delivery.

We should apply that same standard of fairness regarding two-wheeled deliveries.

These workers are not a hazard.

They are people, often people with few other options, who are absorbing enormous personal risk just to make a living.

And regarding food deliveries, let's be intentional about how we are talking about mopeds, e-moto's, and e-bikes and their different classes.

Does council leadership here understand the differences between these types of micromobility devices and how each should be associated with different and applicable regulations?

Rather than vilifying a group of workers for making a living in one of the few ways available to them, I ask and urge this committee to look to the experts, organizations like the micromobility commission, mass bike, and others who are doing the hard work of developing regulations that are equitable, evidence-based, and safety focused.

Organizations like the Boston Cyclist Union who advocate for safety infrastructure, that should clearly inform all road users.

How many of the people that are for this ban regularly order food delivery?

We can make our streets safer.

We can establish lawful regulations to protect folk on the road as well as e-delivery drivers, but we cannot do it by scapegoating the most vulnerable people in this economy.

I'm looking forward to attending the hearing that holds accountable the companies who hire delivery drivers and put unreasonable expectations on them to compete and complete a high number of deliveries per shift in order to make a living, to feed themselves and their families.

The world is changing.

Technological advancements are a real thing.

We have got to figure out a path forward that is safe and fair.

Let's have the courage to admit that this is not a safety policy.

It is a punitive policy.

This is inequitable, and this council can do better.

We can all do better if we put our heads together.

Please reject this proposal.

Thank you.

Thank you.

Next up we have Leanne, and then last but not least, Katie.

Yes, we can hear you.

Thank you.

Um, I feel like I'm talking to myself.

There's only two counselors left on the floor.

But with that being said, um, my name is Luann O'Connor.

I am a um president of the City Point Neighborhood Association in South Boston, and I'm here to speak on support of this particular ban.

Um, the prior speaker, um I think was missing quite a few things.

This most certainly is a safety issue.

It is a safety issue for cars, for pedestrians, uh, for everyone.

So when you're driving up the street and you're in two lanes and you're in the left-hand lane of the double yellow line, all of a sudden you have bikes, or we call them buzzbutt bikes, uh, zooming up to be first in line at the red light.

You don't expect as a driver for people to be coming up on your left-hand side.

They are in fact on sidewalks.

I've reported several of them to the different establishments that I actually go to to pick up food.

Something needs to be done.

Uh, it's not fair to put the onus back on to the Boston Police Department.

Their policy of non-pursuit basically holds them, they're not just able to do the job.

So, what is the um ability here?

We've had several meetings.

Uh, Council Mahia, I believe, had one where there was a particular Boston policeman on there and started with um education, pamphlets, so on and so forth.

It was a great idea.

However, none of nothing has been facilitated forward to correct any of the behaviors of the people that use the road on these buzz bikes in the past couple of years.

So what is the answer?

The answer is we had food deliveries prior to 2023.

So this is a convenience issue.

And if you want food deliveries, I'm sorry, counselors, but yeah, that should be in cars, not in these buzz bike deliveries.

They're too dangerous.

And the data is not there.

The cart has once again been put before uh the horse, and now here we are being reactive instead of planning this out in the beginning.

So that's all I have to say.

Um it's a mess.

It most certainly is the wild, wild west.

It is not punitive to anyone.

What it is is addressing safety issues for everyone.

So that's what I have to say.

Thank you.

Thank you very much, Louanne.

Uh Katie.

Uh, if you're talking, we can't hear you.

Morning, Katie.

We have you um or afternoon, sorry.

If you'd like to provide testimony, now's the opportunity.

Okay.

Um, Katie, if this is the last call for public testimony.

Okay.

Uh, with that, we will uh move to adjourn this meeting.

I want to thank everybody for being here.

Thank you, Mia as well.

Thank you, Councillor Flynn.

Um, thank you to all of the public uh testimony, and again the thoughtful um questions by my colleagues.

Uh sorry, let me just find my police here.

Um at this point, uh, you know, I'll circle back with Councilor Flynn, but at this point, this topic will stay in committee.

And this hearing on Docket Zero Three Two Five is now a judge.

Thanks, everybody.