Office of the Mayor London N. Breed San Francisco Mayor September 16, 2019 The Honorable Garrett L. Wong Presiding*

Developed "Dos and Don'ts" exterior and scooter markings—are permitted in bicycle Pilot. Some details on this campaign are as them to the public while in the field issuing While scooters are permitted to use bicycle marking for a bicycle lane shall consist of a Networks to discourage sidewalk use by e- devices in California and governs signs and 1. "Bicycle lane-the preferential lane-use (see Chapter 9C and Figures 9C-1 and 9C-3 The recommendation was implemented in 5. Distributed to Scoot and Skip, who then Vision Zero SF social media (Facebook and striping for all public roads in the state. CA MUTCD Section 3D.01 C. defines lane-use October 2018. SFMTA conducted its own 1. Graphics demonstrate safe and unsafe allowed on public roads in San Francisco.

SFMTA Taxi Enforcement staff also distributed approximately 160 miles of bicycle lanes, adding stencils and signage to all bicycle lanes would be "bicycle lanes." SFMTA adheres to the California The CA MUTCD does not currently have signs Twitter) and reached an additional 1,500 people measuring how many potential people saw the 8. The scooter education campaign also ran on MUTCD), which provides for uniform standards bicycle symbol or the word marking BIKE LANE SFMTA will investigate the feasibility of adding Manual on Uniform Traffic Control Devices (CA recommended signs and stencils would not be Resource Center, Senior and Disability Action, and specifications for all official traffic control No additional lane-use markings—including (Lighthouse for the Blind, Independent Living lanes, the lanes themselves are legislated as 4. Also developed printed collateral, printed campaign, colnciding with the launch of the vehicles, which ran city-wide for at least one visual symbols on sidewalks and High-Injury behaviors while riding a scooter.

Digital version distributed to Board of interior ads on MUNI buses and light rail distributed them to users and the public 3. Total impressions: 2,760,000 (metric concurrent, updated safety awareness or stencils for scooters; therefore, the lanes at this time, per the CA MUTCD. markings for bicycle lanes as follows: Supervisors and community partners Additionally, given that the City has nonth, beginning in October 2018. DPW, Mayor's Office on Disability) bus ad during the 4 week run). 3,000 palm cards. scooter citations. cost prohibitive. through 9C-6)." scooters. follows: Requires further implemented Has been analysis Director, San FranciscoMunicipal Transportation Municipal Transportation Director, San Francisco [September 15, 2019] [September 15, 2019] Agency Agency added on sidewalks and High-Injury Networks to discourage sidewalk use by e-scooters. The regarding e-scooter use, laws, safety and helmet provided to remind mobility device riders that implemented by SFMTA no later than June 30, Signage, stencils, visual symbols illustrating e- 2018-2019 CIVIL GRAND JURY FINDINGS, RECOMMENDATIONS, AND RESPONSES TO FINDINGS AND RECOMMENDATIONS outreach including ads on MUNI trains, buses, scooters, and/or other messaging should be Further, additional visual symbols should be shelters, social media, and TNC apps no later SFMTA in coordination with Vision Zero SFshould design a public safety campaign visual design(s) should be developed and participation and utilize various means of these lanes are available for them to use. use. This campaign should include TNC than June 30, 2020. Pedestrian Safety in the Era of Electric Mobility Devices 2020. RZ R with the launch of the Pilot in October 2018. The campaign information to the public while in the The SFMTA conducted its own concurrent, updated safety awareness campaign, coinciding buses and light rail vehicles. SFMTA distributed demonstrated safe and unsafe behaviors while campaign information to Scoot and Skip, who placed on the exterior and interior of MUNI shared the digital version with the Board of shared them with users and the public, and Supervisors and community partners. Also, riding a scooter, and "Dos and Don'ts" ads campaign outreach included graphics that SFMTA Taxi Enforcement staff distributed field issuing scooter citations. Disagree, wholly Agree with the finding Director, San FranciscoMunicipal Transportation Director, San FranciscoMunicipal Transportation [September 15, 2019] September 15, 2019] Agency Agency education for riders through community eventsand their web sites. However, SFMTA has not protected bike lanes represents an opportunity to include signage indicating bike lanes are also The Pilot permittees advocate for safe behavior for use by e-scooter riders. There is no signage currently indicating where e-scooters should ride, and insufficient signage to discourage provided its own concurrent, updated safety The successful expansion of marked and awareness campaign. riding on sidewalks. infrastructure factors, by June 30, 2020. The planwill include data sharing with SFPD, as before the end of the existing Pilot Program. The develop a data acquisition plan to improve data in consultation with SFMTA, whether to modify consultation with SFMTA, the City permits, the City Attorney's Office has specifically reviewed, includes the following new clause in the permit collection on factors associated with injury not independent contractors for obligations under Share Operators and their users, and the Skip Program concludes in mid-October 2019. The permit application contains anticipated terms delegate portions of its obligations only upon prior written approval of SFMTA. Permittee is anticipates issuing the next round of permits obligations under the permit. Any agreement Charger Agreement referenced in the report responsibility between the Powered Scooter contractors. At the end of July 2019, SFMTA SFDPH, SFMTA, and ZSFG will coordinate to the permit terms to fill any potential gap in personnel and all subcontractors, including The City Attorney's Office has reviewed, in agreements between the Powered Scooter the permit: Permittee may subcontract or replacement permit program, and SFMTA currently captured in injury data sources, and conditions for the new program, and responsibility between permittee and its with a term to commence after the Pilot Share Operators and their independent independent contractors, who perform including e-scooter user education and issued a new permit application for the responsible for, and must supervise, its terms to address any potential gap in permissible, to inform safety efforts. Will be implemented implemented Has been Municipal Transportation Municipal Transportation Director, San Francisco Director, San Francisco [September 15, 2019] September 15, 2019] Agency Agency ZSFG, SFDPH, SFPD, and TNCs should collectively collection efforts and prepare a data acquisition plan for review by the above referenced improve injury data reporting to better support root cause analyses. SFMTA and the SFDPH necessary revisions should be incorporated and terms across all agreements should be initiated SFMTA, City Attorney, and TNCs should review responsibility for risk management is allocated risks. This review and potential modification of agreement, the TNC-User agreement, and any to the party/parties best able to manage such 2018-2019 CIVIL GRAND JURY FINDINGS, RECOMMENDATIONS, AND RESPONSES TO FINDINGS AND RECOMMENDATIONS should develop and oversee the revised data and if necessary modify the City-Permittee organizations no later than June 30, 2020. prior to the end of the existing Pilot. Any other related agreements to assure that implemented in all agreements for the replacement program to follow at the conclusion of the Pilot. Pedestrian Safety in the Era of Electric Mobility Devices 83 84 "root cause" data for powered scooter injuries is collected by SFPD on the primary and associated user is not readily captured from available injury It is correct that the permittees in the City'sPowered Scooter Share Pilot Program, including driving that are analyzed by SFMTA and SFDPH. The City partially disagrees with the finding, as Service pass down responsibility for liability to their individual users, Scoot and Skip are still rapid response system within 72 hours of fatal damaged infrastructure or education of device each primarily responsible to the City through related factors. We agree that information on Skip and Scoot, are required to indemnify the SFPD also collects data on inattention factors addition, SFPD's Traffic Collision Investigative collision factors, which include speeding and the indemnity for any claims against the City collisions to discuss cause(s) of collision and Unit, DPH, and SFMTA have implemented a City. While Scoot and Skip in their Terms of other behaviors of people using scooters or respective operator's permit with the City. (distracted driving) and cell phone use, as determinable by the reporting officer. In related to activity authorized under the data sources to inform analyses. Disagree, partially Disagree, partially Director, San FranciscoMunicipal Transportation Director, San FranciscoMunicipal Transportation [September 15, 2019] [September 15, 2019] Agency Agency The Pilot terms between the City and permittees damage, and equipment inspection on the User. Department of Public Health (SFDPH), SF Police Injury data collected to-date by Zuckerberg San categorize types of injuries but not root causes require them to indemnify the City from injury and damage claims. However, Scoot and Skip poorly marked lanes), education (inadequate Terms of Service put responsibility for injury, such as damaged infrastructure (potholes or safety and device training), or reckless use (speeding, distracted driving, and/or using Department (SFPD), and Pilot permittees Francisco General Hospital (ZSFG), SF sidewalks). infrastructure factors, by June 30, 2020. The plan before the end of the existing Pilot Program. The develop a data acquisition plan to improve data in consultation with SFMTA, whether to modify and conditions for the new program, and includes the following new clause in the permit consultation with SFMTA, the City permits, the City Attorney's Office has specifically reviewed, collection on factors associated with injury not independent contractors for obligations under permit application contains anticipated terms Share Operators and their users, and the Skip prior written approval of SFMTA. Permittee is Program concludes in mid-October 2019. The delegate portions of its obligations only upon anticipates issuing the next round of permits obligations under the permit. Any agreement responsibility between the Powered Scooter Charger Agreement referenced in the report contractors. At the end of July 2019, SFMTA the permit terms to fill any potential gap in SFDPH, SFMTA, and ZSFG will coordinate to personnel and all subcontractors, including agreements between the Powered Scooter the City Attorney's Office has reviewed, in the permit: Permittee may subcontract or replacement permit program, and SFMTA currently captured in injury data sources, responsibility between permittee and its with a term to commence after the Pilot Share Operators and their independent issued a new permit application for the independent contractors, who perform including e-scooter user education and responsible for, and must supervise, its will include data sharing with SFPD, as terms to address any potential gap in permissible, to inform safety efforts. Will be implemented implemented Has been Director, San FranciscoMunicipal Transportation Director, Department of [September 15, 2019] [September 15, 2019] Public Health Agency ZSFG, SFDPH, SFPD, and TNCs should collectively improve injury data reporting to better support collection efforts and prepare a data acquisition necessary revisions should be incorporated and terms across all agreements should be initiated prior to the end of the existing Pilot. Any SFMTA, City Attorney, and TNCs should review and if necessary modify the City-Permittee agreement, the TNC-User agreement, and any responsibility for risk management is allocated risks. This review and potential modification of to the party/parties best able to manage such 2018-2019 CIVIL GRAND JURY FINDINGS, RECOMMENDATIONS, AND RESPONSES TO FINDINGS AND RECOMMENDATIONS root cause analyses. SFMTA and the SFDPH should develop and oversee the revised data organizations no later than June 30, 2020. other related agreements to assure that plan for review by the above referenced implemented in all agreements for thereplacement program to follow at the conclusion of the Pilot. Pedestrian Safety in the Era of Electric Mobility Devices 84 8 "root cause" data for powered scooter injuries is collected by SFPD on the primary and associated collision factors, which include speeding and user is not readily captured from available injury driving that are analyzed by SFMTA and SFDPH. SFPD also collects data on inattention factors The City partially disagrees with the finding, as rapid response system within 72 hours of fatal damaged infrastructure or education of device contractors and 20% Skip employees, and that related factors. We agree that information on addition, SFPD's Traffic Collision Investigative contain an express training requirement, that While it appears that the Skip ChargerAgreement referenced in the report does not Moreover, SFMTA understands that the Skip omission does not necessarily mean that theSkip Rangers lack the requisite training or collisions to discuss cause(s) of collision and Unit, DPH, and SFMTA have implemented a other behaviors of people using scooters or experience to properly inspect its scooters. (distracted driving) and cell phone use, as Rangers are made up of 80% independent determinable by the reporting officer. In data sources to inform analyses. Skip employees are trained. Disagree, partially Disagree, partially Director, San FranciscoMunicipal Transportation Director, Department ofPublic Health [September 15, 2019] [September 15, 2019] Agency Injury data collected to-date by Zuckerberg San Francisco General Hospital (ZSFG), SFDepartment of Public Health (SFDPH), SF Police categorize types of injuries but not root causes poorly marked lanes), education (inadequate receive no specific training from Skip. Scoot, inspection and maintenance to theirindependent contractors, Skip Rangers, who such as damaged infrastructure (potholes or however, hires and trains its employees to provide the inspection and maintenance safety and device training), or reckless use (speeding, distracted driving, and/or using sidewalks). delegates initial responsibility for scooter Department (SFPD), and Pilot permittees agreement expose a contractual gap that Current terms and conditions in the Skip services.