County Board Loosens Regulations on E-Scooters

Comments at Arlington County Board Meeting, November 16, 2019

Last month I protested the advertisement of this regulation as an exercise in reckless endangerment. As an example I related an experience reported by my physical therapist.

Several months ago, the therapist was biking on the Mount Vernon Trail near Gravelly Point, when he approached a helmetless 10 year-old travelling in the same direction on an e-scooter. Since the e-scooter was moving erratically, the therapist attempted to pass him from the left. As he did so, the e-scooter swerved into his path, causing the biker to wipe out.

I further related that the biker, a young, physically fit adult male, was not seriously injured. I have since learned that I was misinformed. The therapist suffered lacerations the length of the left side of his body and required physical therapy to alleviate the pain in his badly bruised left shoulder. The therapist further reports that his facility has been treating e-scooter riders for elbow injuries. His colleagues report a surge of ER visits from people with e-scooter injuries.

With adoption of this regulation, incidents like that reported by the physical therapist will become routine rather than incidental. Even those who want this regulation acknowledge that its limited protections are unenforceable. Absent an enforcement mechanism, it represents a public hazard.

Image the consequences of adding a complement of e-scooters to the additional traffic County Board authorized today at the intersection of Glebe Road and North Randolph Street. Personal injury lawyers will benefit from this regulation. No one else will.

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