Scooter Question

[fumblerette1.livejournal.com]

I bought a scooter a few weeks ago. I have a Piaggio Fly 50. The engine size is 50ccs, and I do not have a motorcycle license, no plates on it, and I don't pay vehicular insurance. I was told both by the dealership and have read from various sources online that my scooter is considered a moped and that I can legally park it on the sidewalk. I've been merrily doing so, until this morning when I woke up to a note on my apartment door from my landlady saying that the parking control officer told her that I can't park my scooter on the sidewalk anymore, and that they can tow it. Is there some sort of somerville law that's different? Is there any legal standing to this? My street is resident parking only, but my scooter doesn't have (and isn't eligible for) a resident sticker. Can I legally park it on the street? I'd prefer to have it chained to something which is why I've been parking it on the sidewalk chained to a street sign (like several other bicycles on my street).

So...am I legally allowed to park it on the sidewalk or not? I really don't want to get towed. Can I get towed if I am chained to something? Will they actually break my lock or cut down the street sign? I want to do the legal thing here, but I don't want to get a ticket for parking in the street without a resident sticker either...Help?

ETA: I called 311 and they said I am definitely 100% legally allowed to park on the sidewalk, and not only do i not need a resident sticker, I can't get one. Looks like either someone lied to my landlady, or she was being passive aggressive. (If anybody cares to know, I wrote her a note saying I called 311 and they said I am legally allowed to park on the sidewalk. If the cop contacts her again, I'd like to get his name and badge number and report him for giving out false information. I can't park in the street without a sticker, there's no place for me to lock it up in the driveway, so from now on I'm parking on the sidewalk but I'll do a better job to make sure it takes up as little room as possible.)

ETA2: The issue gets even more confusing! Just had a nice chat with my landlady (who as it turns out was not being passive aggressive at all). She called the traffic department this morning who said that I cannot park on the sidewalk. Then she saw the note I left her, and she called the police department who said that I *can* park on the sidewalk, as long as I am not blocking the sidewalk. The neighbor who left the note on my scooter is going to help rig up something in the driveway so I can lock my scooter up there and that will solve any issues. Also, for anyone who's curious, someone from the globe is doing an article on rules and regulations for mopeds, and interviewed me today. Article will either be in this sunday or the following sunday's paper in the community section. He said he was going to call our lovely leader Tom Champion and see what further info he could dig up. I'm looking forward to seeing what he finds.

Comments

[upsidown.livejournal.com]

I think this is a good candidate for a 311 question. Let us know what you find out.

[fumblerette1.livejournal.com]

Ooh, good idea. I'll call tomorrow. I just moved to Somerville and I'm not used to the handy 311.

[dariusk.livejournal.com]

I know for a fact you're allowed to park on the sidewalk, but you need the RMV moped sticker, which costs $40. If you have a moped sticker on the back of your scooter (the little tiny square with a number in it, as opposed to a motorcycle license), then you are definitely allowed to park there. But with no registration markings at all, they can screw you any which way they want because you're technically not classified as anything at all.

[fumblerette1.livejournal.com]

I do have one of those! The dealership slapped that sucker on there for me. So is this traffic cop just blowing hot air? Can I just say screw it and park where I've been parking? Also, any idea where I can find this information online somewhere to print off and show my landlady so she knows I'm not making things up? I've been looking on the rmv website, but I haven't been able to find anything pertaining to parking specifically.

[thespian.livejournal.com]

you sure that there was actually a parking control officer, and not just a landlady who doesn't want you to park on her sidewalk? It sounds sort of passive aggressive.

[fumblerette1.livejournal.com]

I don't know for sure. She's a really sweet landlady, but I did just move in and don't know her that well. The note she left me said: "last night the parking patrol said that you cannot keep the vespa on the sidewalk. the police can tow it. Let's talk on sunday about where would be the best place to park it." Then the next door neighbor left me a not right ON my scooter saying "hi neighbor. I love scooters! And I like my neighbors. Can I help you figure out a way to park your scooter not on the sidewalk?" with his name and number.

I've been leaving it chained to the fence in front of my building. If they don't like it there, I'm happy to park it at a street sign a few houses down, but I'm parking it on the sidewalk if I legally can. Sheesh.

[dariusk.livejournal.com]

Sorry, I know it's on the RMV site somewhere...

[cutieperson]

http://www.somervillema.gov/CoS_Content/documents/TrafficRegJun08.pdf

refer to article XVII, page 61. it's not legal for you to park it on the sidewalk.

please also consider people in wheelchairs and with strollers, who already find it difficult to maneuver down sidewalks without anything blocking the path.

[fumblerette1.livejournal.com]

Sorry...maybe I'm really dense, but I'm not finding what you're talking about. I read the whole article XVII and didn't see anything about parking restrictions. I also couldn't find a page 61.

When I park my scooter on the sidewalk it is against the wall of my building, not straight across the sidewalk. there is always room for wheelchairs, strollers, and cyclists to get by. Like I said in my post, I want to do the legal thing, but can I park my scooter in the street without a resident sticker in resident only parking?

[belladonna.livejournal.com]

All I got from that is that she can't RIDE it on the sidewalk, nothing about parking.

[cutieperson]

section V talks about parking specifically, but in section XVII it says that you can only operate a scooter on the sidewalk in order to park it on property adjacent to the sidewalk. ie, a driveway or other lot. that seems pretty straightforward about not stopping on the sidewalk.

i don't know what the laws are about parking it in the street without a sticker.

[ron_newman]

That has some strange regulations that I don't understand the purpose of:

A person may not operate a motorized scooter upon any way, street, highway, boulevard,
avenue, court, lane, alley, square and place under the control of the City of Somerville during
hours of darkness. -- why not, if the scooter has a headlight and a taillight, like a bicycle?

A person operating a motorized scooter upon any way, street, highway, boulevard, avenue,
court, lane, alley, square, and place under the control of the City of Somerville may not pass
or overtake another motorized scooter traveling in the same direction. -- again, since bicycles can pass each other, why not motor scooters?

A person may not operate a motorized scooter in ... any street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville with a posted speed limit greater than 30 m.p.h. -- I can't think of any such streets, but if there are any, bicycles are not prohibited on them, so why scooters?

[prunesnprisms.livejournal.com]

Call 311?

[abilouise.livejournal.com]

A lot of these regulations about scooters seem to be designed to prevent the kind of underage mosquito-on-steroids-mini-scooter drag-racing that come to think of it, I haven't heard outside my window for a few summers now. I bet that these regulations don't have responsible vespa or moped riders in mind.

[tober.livejournal.com]

I'm pretty sure that at least some of these provisions would not stand a legal challenge. Municipalities in Massachusetts generally have little power to regulate road uses that state law intends to be legal. That last provision (no motorized scooters on roads with speed limits in excess of 30mph) is somewhat like the claim that the MDC (now DCR) used to make that they could prohibit bicycles on roads under their control, even though state law permits bicycles on all roads except for limited access divided highways that are explicitly posted as prohibiting bicycles. Another thing which is funny about these regulations is the use of the term "motorized scooter." State laws on this topic all use the term "moped." I suspect that in fact Somerville is trying to address (only) the type of "motorized scooter" that is like a skateboard with handle and motor. The state law defining mopeds is sufficiently vague that a slightly tortured interpretation might include that type of scooter under it (although I think the law requires lights on mopeds, at least at night) but I certainly don't think it is meant to.

[chumbolly.livejournal.com]

This sounds like two nice people who are trying really hard to be non-confrontational yet at the same time say "we really don't like it when you park your scooter on the sidewalk." I've left very similar notes on neighbors cars when they consistently park in such a way as to take up two spaces instead of one.

My advice, forget about the specifics of the motor vehicle code; just be neighborly and work with them to find a better place to park it.

[fumblerette1.livejournal.com]

called 311. The answer is yes I can park it on the sidewalk.

[fumblerette1.livejournal.com]

I called 311 today and they said yes, I can legally park on the sidewalk.

[nuns.livejournal.com]

I think maybe the issue of legality is less important than the issue of neighborly behavior - it's pretty clear that your neighbors don't like it on the sidewalk, and it sounds like they've been pretty cool about approaching you in a nonconfrontational way. It's probably worth trying to work with them to find a solution that you're all happy about - I mean, you have to live near these people, and there's no loss in being nice, especially since it seems like they are trying to be nice as well.

[fumblerette1.livejournal.com]

I'm definitely happy to work with my neighbors. I wish they would've said "we really don't like you parking on the sidewalk, let's talk about some alternatives" instead of making up a fake cop and semi-threatening to have me towed. I still plan on calling my neighbor across the street, but as I said, I can't park it in the street without a sticker, which I can't obtain. I'll be happy to hear any suggestions he has, but I'm also not going to leave it somewhere unlocked when I can lock it safely on the sidewalk.

[boblothrope.livejournal.com]

These Somerville laws regarding motorized scooters explicity say that they don't apply to motorized bicycles as defined by state law. MGL 90-1's definition is:

" "Motorized bicycle'', a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour."

This describes the scooter in question, and it sounds like it's what most people would call a moped.

This Somerville law seems like it was written within the last 5 years, as a response to the recent problem of teenagers riding those 4-wheel gas-powered scooters unsafely.

[nuns.livejournal.com]

Of course! If the solution doesn't satisfy your needs, then by definition it doesn't satisfy everyone's needs. If there's no way to satisfy everyone, do what you need to do... But if there is a solution that satisfies everyone, that's clearly better.

[nuns.livejournal.com]

Yeah, the fake cop story is weird, but people get weird when it comes to criticizing neighbors. In a perfect world, we'd all be comfortable asking for what we want, secure in the knowledge that no one means to blame or accuse. Sadly, we don't live in a world like that, so instead lots of people act weird in those situations.

[secretlyironic.livejournal.com]

Mopeds are one of those hilarious grey areas: Most 50cc motorized vehicles *can* get above 30mph (just barely) and therefore can be considered motorcycles... by some people. But everyone registers them as mopeds.

Anyway, as long as you're not blocking the sidewalk, you can generally get away with parking it anywhere you'd park a bicycle. But... not always.

[tober.livejournal.com]

This is true, although I think what they care about in terms of the 30mph thing is manufacturer's design intent. Pretty much all <50cc mopeds/scooters have restrictor plates in the intake or very tiny carburetor bores so as to be designed to, under most circumstances, not be able to exceed 30mph (although very easy "hop-up" modifications exist for a lot of them that will provide substantially more grunt without changing the engine displacement). Further, the law doesn't address electric mopeds or electric motorcycles. What is the equivalent of a "50cc engine" (never mind that a 50cc 4-stroke engine is not at all the same thing as a 50cc 2-stroke engine - although current emissions requirements I think have pretty much eliminated 2-stroke engines in new machines intended for on-road use but there are plenty of used ones out there) when it's an electric motor? That's sort of a rhetorical question, I know what size electric motor is roughly equivalent but, as far as I know, there is no precise legal definition as either a matter of regulation or case law. It was probably a non-issue when the moped law was written but today electric (moped-type) scooters are increasingly common.

[fumblerette1.livejournal.com]

see the edit I made. turns out it was definitely not the neighbors making stuff up...it was the right hand of the law not knowing what the left hand is doing.

[o0dano0o.livejournal.com]

I don't have an answer for you, but you should check out CityScoots. (http://scooter.meetup.com/262/) It's a meetup group with quite a lot of Davis centric meetups (dinner at Redbones on thursday, for one.)

[ron_newman]

Followup post here, complete with Globe article.