Memorandum

City of Lawrence

Legal Services

TO:	Toni Ramirez Wheeler, Director of Legal Services
FROM:	Scott J. Miller, Staff Attorney
Date:	February 2, 2010
RE:	Pedicab Regulation and Licensing – Ordinance 8491

Following a citizen’s request, the City Commission directed city staff to prepare an ordinance providing for the licensure and regulation of pedicabs within the City’s limits.  Pedicabs, also sometimes known as rickshaws, are vehicles that carry passengers for hire and that are propelled exclusively by human power.  Ordinarily they are pedaled and are mechanically similar to a bicycle.  In recent years, they have become popular in many major cities in the United States.

Bicycles and pedestrians are both regulated by local and state traffic laws.  The purpose of pedicab-specific regulations, however, would be to ensure the safety of public and the people who hire pedicabs.  It is also important to prevent pedicabs from being operated in a manner that unnecessarily impedes or obstructs traffic.  It was with an eye to these concerns that Ordinance 8491 was drafted for the City Commission’s consideration.  The ordinance would supplement the current laws that regulate bicycles and pedestrians by enacting a licensing scheme for pedicab operation as well as establishing a set of pedicab-specific traffic regulations.  I will briefly highlight the main features of both the licensing scheme and the traffic regulations.

Pedicab Licensing

The ordinance creates two different types of licenses – one for pedicab owners and one for pedicab operators.  While some pedicab operators may own their own pedicab, requiring both types of licenses recognizes that some operators may be hired to operate a pedicab owned by someone else.

An owner’s license is issued to an individual pedicab and is not transferable.  The cost of the license is $75.00 and it is effective for a one year period.  Among other requirements, an applicant for a pedicab license must provide proof of liability insurance with minimum limits of $250,000 per person / $500,000 per occurrence and $100,000 property damage per occurrence.  After a license is issued if a pedicab is operated without such insurance it is also a criminal violation.  A license application must also include a description of the routes over which the pedicab will be operated.  Once a license is issued, it must be displayed in the pedicab in an area that is clearly visible to its passengers.  Operating an unlicensed pedicab is, of course, a violation of the ordinance.

A pedicab operator’s permit may only be issued to a licensed driver who is able to produce a written statement from the owner of a pedicab that he or she intends to employ the applicant.  The cost of an operator’s permit is $50.00 annually. 

Either sort of license may be suspended or revoked for a variety of reasons.  Justifications for revoking an owner’s license include, among others, the failure to maintain insurance, failure to keep the pedicab in safe working order, and allowing an unlicensed operator to operate the pedicab.  An operator’s permit may be revoked if he or she operates a pedicab under the influence of alcohol or drugs, operates the pedicab in a way that endangers the public’s health or safety, or accumulates a number of convictions for violating ordinances that regulate the operation of pedicabs.  Anyone whose license is suspended or revoked may appeal the decision through a hearing before the City Commission.

Pedicab Operating Regulations

Because existing regulations are not designed to fully address all of the challenges created by pedicabs, the proposed ordinance establishes several pedicab-specific requirements and violations.  For example, because of their slow-moving nature, under the proposed ordinance pedicabs may only be lawfully operated on streets with speed limits of 30 miles per hour or less.  Pedicabs may not tow another vehicle or person, nor may they be towed by a motor vehicle while they are being ridden.  No more passengers may be carried than the number of seats available, and each seat must have an individual seatbelt.  A pedicab may not be parked or operated in a way that unreasonably restricts traffic, and may not be driven on sidewalks in places where it otherwise would be illegal, such as downtown, or in places where the sidewalks are less than twice the width of the pedicab in order to avoid disruption of pedestrian traffic.

The ordinance also requires some specific equipment on every pedicab, and prohibits pedicabs from being equipped with certain items.  A pedicab may not be operated with more than one trailer, any siren or whistle, or any sound amplification device that is plainly audible from a distance of 50 feet or more.  Required equipment includes a slow-moving vehicle emblem, headlights and taillights that are more powerful than those required on a bicycle, electric turn signals and adequate brakes.  The trade name of the pedicab and its license number must be included on the pedicab in letters at least two inches high and must be visible to the public.  Pedicabs may not be more than 10 feet in length or 55 inches wide.

Similar to his or her power to enact temporary traffic regulations under the Standard Traffic Ordinance, the Chief of Police has the authority to restrict or prohibit the operation of pedicabs in specific geographical areas for a period not to exceed 90 days.  The 90 day period may be extended upon approval of the Governing Body.

Pedicab operators must post a fare schedule on their pedicabs, and it is illegal to charge a passenger a fare that was not agreed upon in advance, or in an amount in excess of the fare schedule unless special services, such as a guided tour, are provided.

The proposed ordinance is based upon the ordinances of cities such as Phoenix, San Francisco, and San Diego who have significant experience with pedicab operation within their cities.  I have attempted to draft it in a way that protects the public while not imposing an onerous burden upon pedicab operators or owners.  With that being said, however, many of the recommendations could be redrawn to be either more or less restrictive at the City Commission’s direction.