Existing law defines shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided. Existing law requires a shared mobility service provider to affix to each shared mobility device a tactile sign containing raised characters and accompanying braille, as specified, to identify the device for the purpose of reporting illegal or negligent activity. Existing law requires the sign to include the company name, email address, and telephone number of the service provider.

This bill would repeal the requirements relating to tactile signs described above until January 1, 2024. The bill, commencing January 1, 2024, would add to those tactile sign requirements that the raised characters be at minimum ¹/₂ inch high and in a color that contrasts with the signage background, and would delete the requirement that the sign contain the email address of the service provider.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law defines shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided. Existing law requires a shared mobility service provider to affix to each shared mobility device a tactile sign containing raised characters and accompanying braille, as specified, to identify the device for the purpose of reporting illegal or negligent activity. Existing law requires the sign to include the company name, email address, and telephone number of the service provider.

This bill would repeal the requirements relating to tactile signs described above until January 1, 2024. The bill, commencing January 1, 2024, would add to those tactile sign requirements that the raised characters be at minimum ¹/₂ inch high and in a color that contrasts with the signage background, and would delete the requirement that the sign contain the email address of the service provider.

This bill would declare that it is to take effect immediately as an urgency statute.

Existing law defines shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided. Existing law requires a shared mobility service provider to affix to each shared mobility device a tactile sign containing raised characters and accompanying braille, as specified, to identify the device for the purpose of reporting illegal or negligent activity. Existing law requires the sign to include the company name, email address, and telephone number of the service provider.

This bill would require repeal the requirements relating to tactile signs described above until January 1, 2024. The bill, commencing January 1, 2024, would add to those tactile sign requirements that the raised characters to be at minimum ¹/₂ inch high and in a color that contrasts with the signage background, and would delete the requirement that the sign contain the email address of the service provider.

Existing law defines shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided. Existing law requires a shared mobility service provider to affix to each shared mobility device a tactile sign containing raised characters and accompanying braille, as specified, to identify the device for the purpose of reporting illegal or negligent activity. Existing law requires the sign to include the company name, email address, and telephone number of the service provider.

This bill would require the raised characters to be at minimum ¹/₂ inch high and in a color that contrasts with the signage background, and would delete the requirement that the sign contain the email address of the service provider.

Existing law defines shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided. Existing law requires a shared mobility service provider to affix to each shared mobility device a tactile sign containing raised characters and accompanying Braille, braille, as specified, to identify the device for the purpose of reporting illegal or negligent activity. Existing law requires the sign to include the company name, email address, and telephone number of the service provider.

This bill would make a nonsubstantive change to that provision. require the raised characters to be at minimum ¹/₂ inch high and would delete the requirement that the sign contain the email address of the service provider.

Existing law defines shared mobility device to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device, except as provided. Existing law requires a shared mobility service provider to affix to each shared mobility device a tactile sign containing raised characters and accompanying Braille, as specified, to identify the device for the purpose of reporting illegal or negligent activity.

This bill would make a nonsubstantive change to that provision.

 CONSENT  

Bill No: AB 410

Author: Jones-Sawyer (D)

Amended: 4/13/23 in Assembly

Vote: 27 - Urgency

SENATE JUDICIARY COMMITTEE: 10-0, 6/13/23

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Min, Niello, Wiener

NO VOTE RECORDED: Stern

ASSEMBLY FLOOR: 76-0, 4/20/23 (Consent) - See last page for vote

SUBJECT: Shared mobility devices

SOURCE: Author

DIGEST:

This bill delays the operative date of, and modifies the specifications for, the law requiring tactile signs to be affixed to shared mobility devices.

ANALYSIS:

Existing law:

1. Requires a shared mobility service provider, before distribution of a shared mobility device, to enter into an agreement with, or obtain a permit from, the city or county with jurisdiction over the area of use. The agreement or permit shall, at a minimum, require that the shared mobility service provider maintain commercial general liability insurance coverage. (Civ. Code § 2505(b).)
2. Requires the above coverage to have limits not less than $1 million for each occurrence for bodily injury or property damage, including contractual liability, personal injury, and product liability and completed operations, and not less than $5 million aggregate for all occurrences during the policy period. (Civ. Code § 2505(b).)
3. Prohibits the insurance from excluding coverage for injuries or damages caused by the shared mobility service provider to the shared mobility device user. (Civ. Code § 2505(b).)
4. Requires the agreement or permit required above to additionally require, except as provided, a shared mobility service provider to offer or make available, or to confirm the user of a shared mobility device maintains, insurance coverage for bodily injury or death suffered by a pedestrian when the injury or death involves, in whole or in part, the negligent conduct of the shared mobility device user, of $10,000 for each occurrence of bodily injury to, or death of, one pedestrian in any one accident, and for property damage to an assistive technology device, of $1,000, for each occurrence. (Civ. Code § 2505(b).)
5. Requires cities and counties that authorize providers to operate within their jurisdiction to adopt rules for the operation, parking, and maintenance of shared mobility devices by ordinance, agreement, or permit terms, as specified. Providers are required to comply therewith. (Civ. Code § 2505(c).)
6. Defines “shared mobility device” to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, as those terms are defined, or other similar personal transportation device that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform. Defines “shared mobility service provider” as a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform. (Civ. Code § 2505(a).)
7. Provides that nothing in the above provisions shall prohibit a city or county from adopting any ordinance or regulation that is not inconsistent with this title. (Civ. Code § 2505(d).)
8. Requires a shared mobility service provider to affix to each shared mobility device a readily accessible, single, and clearly displayed tactile sign containing raised characters and accompanying Braille, complying with Section 11B-703 of the Building Code, to identify the device for the purpose of reporting illegal or negligent activity. The sign shall minimally consist of the company name, phone number, and email address of the service provider that is visible a minimum of five feet and not obfuscated by branding or other markings. (Civ. Code § 2506.)

This bill:

1. Requires the raised characters in the tactile sign discussed above to be, at minimum, one-half inch high and in a color that contrasts with the signage background.
2. Removes the requirement that the above sign include the email address of the shared mobility service provider.
3. Changes the operative date of this provision to January 1, 2024.

Background

Most cities in California have witnessed the boom in shared bikes, scooters, and other devices. These “shared mobility devices” have been welcomed in some areas and severely restricted in others. Various legal questions arise around whether and how these devices and the companies providing them should be regulated.

Recently enacted legislation requires cities and counties to adopt rules for the operation, parking, and maintenance of shared mobility devices allowed to operate in their respective jurisdictions. It also requires shared mobility service providers to maintain certain levels of commercial general liability insurance coverage.

This bill makes changes to recently enacted provisions that require tactile signs on each shared mobility device to identify the device for the purpose of reporting illegal or negligent activity. Technical barriers were identified with regard to these requirements. This bill cleans up the specifications of the signage and removes a requirement that the email address of the provider be included.

This bill is author-sponsored. It is supported by the California Council of the Blind, as well as shared mobility service providers, including Bird. There is no known opposition. This bill includes an urgency clause.

Comments

As stated, a number of bills regulating shared mobility devices and their providers have been introduced and signed into law in recent years. These deal with topics ranging from local regulation to data sharing.

Last year, AB 371 (Jones-Sawyer, Chapter 740, Statutes of 2022) provided further parameters for this industry. The bill amended the insurance requirements applicable to shared mobility service providers, specifically with regard to coverage for the negligent conduct of the shared mobility device user.

There was also a relatively less controversial element of the bill that currently requires shared mobility service providers to affix a readily accessible, single, unique, and clearly displayed tactile sign to each shared mobility device that identifies the device for the purpose of reporting illegal or negligent activity. The signs must contain raised characters and accompanying braille that complies with applicable provisions of the Building Code. At a minimum, the sign must include the name of the service provider, the provider’s phone number, and an email address that is visible a minimum of five feet away and not obfuscated by branding or other markings.

The author argued the provision “provides accessibility by requiring braille and tactile signage to be added to e-devices so nonvisual pedestrians can receive the necessary contact information to file an injury report to the relevant e-device provider.”

However, in the wake of the bill taking effect, concerns arose about the practicality of this requirement. Namely, providers and those manufacturing the relevant signs asserted that the specifications citing the Building Code were not feasible on the smaller surfaces of these shared mobility devices. Therefore, this bill modifies the requirements to set a minimum size for the raised characters. Cutting down on the amount of information to be included, the bill also removes the requirement that the provider’s email address be included while retaining the requirement for the provider’s name and contact number to be included. To obviate legal issues with the infeasible signage requirement currently in law, this bill contains an urgency clause that provides for immediate effect upon passage. However, to allow sufficient time for compliance, the newly constructed obligation will become operative on January 1, 2024.

According to the author, “Last year, Governor Newsom signed AB 371 into law that ensured Californians injured by e-devices were insured and required these devices to include braille and tactile signage for pedestrians with visual impairments. E-device providers and signage fabricators have indicated that what the law under AB 371 required does not technically fit on the small surfaces of e-devices because of its cross-references requirement to braille and tactile signage found on buildings. Recognizing the need to provide signage that is accessible to those who are blind or have visual impairments, the Legislature must tailor the requirements of e-device braille and tactile signage in a way that is technically feasible and accessible. As such, AB 410 updates existing law to ensure individuals who are blind or have visual impairments have the necessary contact information to file an injury report.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/15/23)

Bicycle Transit Systems

Bird

California Council of the Blind

Disability Rights California

Lighthouse for the Blind and Visually Impaired

Lime

Lyft, Inc.

Spin

Systech Displays, Inc.

OPPOSITION: (Verified 6/15/23)

None received

ARGUMENTS IN SUPPORT: Disability Rights California asserts that this bill “would clean up braille and tactile signage requirements for shared mobility devices, such as e-scooters and e-bikes, in order to ensure accessibility for pedestrians who are blind or have vision impairments.” It explains: “During the preliminary stages of implementation, technical barriers that would hinder pedestrians with disabilities’ accessibility were exposed to author’s office. As such, clean up to [the] existing statute is warranted.”

ASSEMBLY FLOOR: 76-0, 4/20/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner Horvath, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Gabriel, Gallagher, Garcia, Wicks

Prepared by: Christian Kurpiewski / JUD. / (916) 651-4113

6/16/23 13:16:51

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: AB 410 (Author:Jones-Sawyer)

Version: April 13, 2023

Hearing Date: June 13, 2023

Fiscal: No

Urgency: Yes

Consultant: CK

SUBJECT

Shared mobility devices

DIGEST

This bill delays the operative date of, and modifies the specifications for, the law requiring tactile signs to be affixed to shared mobility devices.

EXECUTIVE SUMMARY

Most cities in California have witnessed the boom in shared bikes, scooters, and other devices. These “shared mobility devices” have been welcomed in some areas and severely restricted in others. Various legal questions arise around whether and how these devices and the companies providing them should be regulated.

Recently enacted legislation requires cities and counties to adopt rules for the operation, parking, and maintenance of shared mobility devices allowed to operate in their respective jurisdictions. It also requires shared mobility service providers to maintain certain levels of commercial general liability insurance coverage.

This bill makes changes to recently enacted provisions that require tactile signs on each shared mobility device to identify the device for the purpose of reporting illegal or negligent activity. Technical barriers were identified with regard to these requirements. This bill cleans up the specifications of the signage and removes a requirement that the email address of the provider be included.

This bill is author-sponsored. It is supported by the California Council of the Blind, as well as shared mobility service providers, including Bird. There is no known opposition. The bill includes an urgency clause.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Requires a shared mobility service provider, before distribution of a shared mobility device, to enter into an agreement with, or obtain a permit from, the city or county with jurisdiction over the area of use. The agreement or permit shall, at a minimum, require that the shared mobility service provider maintain commercial general liability insurance coverage. (Civ. Code § 2505(b).)
2. Requires the above coverage to have limits not less than $1,000,000 for each occurrence for bodily injury or property damage, including contractual liability, personal injury, and product liability and completed operations, and not less than $5,000,000 aggregate for all occurrences during the policy period. (Civ. Code § 2505(b).)
3. Prohibits the insurance from excluding coverage for injuries or damages caused by the shared mobility service provider to the shared mobility device user. (Civ. Code § 2505(b).)
4. Requires the agreement or permit required above to additionally require, except as provided, a shared mobility service provider to offer or make available, or to confirm the user of a shared mobility device maintains, insurance coverage for bodily injury or death suffered by a pedestrian when the injury or death involves, in whole or in part, the negligent conduct of the shared mobility device user, of $10,000 for each occurrence of bodily injury to, or death of, one pedestrian in any one accident, and for property damage to an assistive technology device, of $1,000, for each occurrence. (Civ. Code § 2505(b).)
5. Requires cities and counties that authorize providers to operate within their jurisdiction to adopt rules for the operation, parking, and maintenance of shared mobility devices by ordinance, agreement, or permit terms, as specified. Providers are required to comply therewith. (Civ. Code § 2505(c).)
6. Defines “shared mobility device” to mean an electrically motorized board, motorized scooter, electric bicycle, bicycle, as those terms are defined, or other similar personal transportation device that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform. Defines “shared mobility service provider” as a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform. (Civ. Code § 2505(a).)
7. Provides that nothing in the above provisions shall prohibit a city or county from adopting any ordinance or regulation that is not inconsistent with this title. (Civ. Code § 2505(d).)
8. Requires a shared mobility service provider to affix to each shared mobility device a readily accessible, single, and clearly displayed tactile sign containing raised characters and accompanying Braille, complying with Section 11B-703 of the Building Code, to identify the device for the purpose of reporting illegal or negligent activity. The sign shall minimally consist of the company name, phone number, and email address of the service provider that is visible a minimum of five feet and not obfuscated by branding or other markings. (Civ. Code § 2506.)

This bill:

1. Requires the raised characters in the tactile sign discussed above to be, at minimum, one-half inch high and in a color that contrasts with the signage background.
2. Removes the requirement that the above sign include the email address of the shared mobility service provider.
3. Changes the operative date of this provision to January 1, 2024.

COMMENTS

1. Device identification

As stated, a number of bills regulating shared mobility devices and their providers have been introduced and signed into law in recent years. These deal with topics ranging from local regulation to data sharing.

Last year, AB 371 (Jones-Sawyer, Ch. 740, Stats. 2022) provided further parameters for this industry. The bill amended the insurance requirements applicable to shared mobility service providers, specifically with regard to coverage for the negligent conduct of the shared mobility device user.

There was also a relatively less controversial element of the bill that currently requires shared mobility service providers to affix a readily accessible, single, unique, and clearly displayed tactile sign to each shared mobility device that identifies the device for the purpose of reporting illegal or negligent activity. The signs must contain raised characters and accompanying braille that complies with applicable provisions of the Building Code. At a minimum, the sign must include the name of the service provider, the provider’s phone number, and an email address that is visible a minimum of five feet away and not obfuscated by branding or other markings.

The author argued the provision “provides accessibility by requiring braille and tactile signage to be added to e-devices so nonvisual pedestrians can receive the necessary contact information to file an injury report to the relevant e-device provider.”

However, in the wake of the bill taking effect, concerns arose about the practicality of this requirement. Namely, providers and those manufacturing the relevant signs asserted that the specifications citing the Building Code were not feasible on the smaller surfaces of these shared mobility devices. Therefore, this bill modifies the requirements to set a minimum size for the raised characters. Cutting down on the amount of information to be included, the bill also removes the requirement that the provider’s email address be included while retaining the requirement for the provider’s name and contact number to be included. To obviate legal issues with the infeasible signage requirement currently in law, the bill contains an urgency clause that provides for immediate effect upon passage. However, to allow sufficient time for compliance, the newly constructed obligation will become operative on January 1, 2024.

1. Stakeholder positions

According to the author:

Last year, Governor Newsom signed AB 371 into law that ensured Californians injured by e-devices were insured and required these devices to include braille and tactile signage for pedestrians with visual impairments. E-device providers and signage fabricators have indicated that what the law under AB 371 required does not technically fit on the small surfaces of e-devices because of its cross-references requirement to braille and tactile signage found on buildings. Recognizing the need to provide signage that is accessible to those who are blind or have visual impairments, the Legislature must tailor the requirements of e-device braille and tactile signage in a way that is technically feasible and accessible. As such, AB 410 updates existing law to ensure individuals who are blind or have visual impairments have the necessary contact information to file an injury report.

Writing in support, Disability Rights California asserts that the bill “would clean up braille and tactile signage requirements for shared mobility devices, such as e-scooters and e-bikes, in order to ensure accessibility for pedestrians who are blind or have vision impairments.” It explains: “During the preliminary stages of implementation, technical barriers that would hinder pedestrians with disabilities’ accessibility were exposed to author’s office. As such, clean up to [the] existing statute is warranted.”

SUPPORT

Bicycle Transit Systems

Bird

Disability Rights California

Lighthouse for the Blind and Visually Impaired

Lime

Lyft, Inc.

Spin

Systech Displays, Inc.

OPPOSITION

None known

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

AB 371 (Jones-Sawyer, Ch. 740, Stats. 2022) See Comment 1.

AB 1286 (Muratsuchi, Ch. 91, Stats. 2020) set a baseline regulation requirement for the local jurisdictions. AB 1286 requires local authorities to adopt rules governing the operation, parking, and maintenance of shared mobility devices, either by adopting ordinances, entering into agreements, or providing for permits, before providers are allowed to operate in those jurisdictions. It also requires providers, at a minimum, to maintain commercial general liability insurance coverage with a carrier doing business in California, with specified limits.

AB 1112 (Friedman, 2020) would have prohibited an unauthorized person from removing an unattended micromobility device from a highway to a storage facility, garage, or other place. The bill would have authorized persons and peace officers to relocate such devices, as specified. This bill died in the Senate Transportation Committee.

AB 3116 (Irwin, 2020) would have authorized a public agency to require a mobility services operator to periodically submit anonymized trip data, and clarified that trip data is personal information as defined in the California Consumer Privacy Act and subject to the Electronic Communications Privacy Act. This bill died in the Assembly Appropriations Committee.

AB 2989 (Flora, Ch. 552, Stats. 2018) required an operator of a motorized scooter to wear a helmet, only if they are under the age of 18, and permits local authorities to authorize the operation of motorized scooters on roads with speed limits up to 35 miles per hour.

PRIOR VOTES:

Assembly Floor (Ayes 76, Noes 0)

Assembly Privacy and Consumer Protection Committee (Ayes 10, Noes 0)

**************

Date of Hearing: April 11, 2023

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Jesse Gabriel, Chair

ABPCA Bill Id:AB 410 (

Author:Jones-Sawyer) – As Amended Ver:March 30, 2023

Proposed Consent (as Proposed to be Amended to Add an Urgency Clause)

SUBJECT: Shared mobility devices

SYNOPSIS

Shared mobility devices, such as electric bikes and scooters, are now a common sight in many California cities. Shared mobility devices offer a convenient, cheap, and environmentally-friendly alternative to cars, particularly for short trips. Users can take advantage of smartphone apps to find and rent nearby shared mobility devices.

Shared mobility devices are not without their disadvantages, though. Last year’s AB 371 (Jones-Sawyer, Chap. 740, Stats. 2022) addressed, among other things, the frequent problem of users finishing their rides and abandoning their vehicles blocking sidewalks and other public thoroughfares. People who suffer from visual disabilities or blindness regularly injure themselves when they unexpectedly encounter such negligently- and/or illegally-parked vehicles.

AB 371 responded to this issue by imposing insurance requirements to cover pedestrians injured by users’ negligence, and by requiring each shared mobility device to display a single “readily accessible…and clearly displayed tactile sign containing raised characters and accompanying braille, complying with Section 11B-703 of the Building Code, to identify the device for the purpose of reporting illegal or negligent activity.” This sign is meant to give any blind or visually impaired pedestrians injured after falling over an abandoned vehicle sufficient information about the pertinent shared mobility service provider to file an injury report and obtain insurance coverage for their injuries.

Unfortunately, in the course of implementing AB 371, it became evident that the Building Code standards and the information required on the signs were impractical. This bill updates the signage requirements to (i) further specify that the raised characters be, at minimum, one-half inch high and rendered in a color that contrasts with the signage background, and (ii) remove a requirement that signs include the email address of the shared mobility service provider, while continuing to require that they include the provider’s company name and telephone number.

This author-sponsored measure is supported by the nonprofit Lighthouse for the Blind and Visually Impaired, by shared mobility service providers Bicycle Transit Systems, Bird, Lime, Lyft, and Spin, and by braille signage specialist Systech Displays, Inc.

Note: in keeping with current recommendations of the Braille Authority of North America, both this analysis and the bill itself use the lowercase word “braille,” rather than the capitalized “Braille,” to refer to the tactile code for reading.

SUMMARY: Revises standards for raised characters and braille lettering on the sign required to be affixed to a shared mobility device in order to inform individuals who are blind or have visual impairments of how to identify and contact the service provider responsible for the device. Specifically, this bill:

1. Revises the requirement that raised characters on tactile signs affixed to shared mobility devices comply with California Building Code Section 11B-703 to further specify that the raised characters be, at minimum, one-half inch high and rendered in a color that contrasts with the signage background.
2. Removes a requirement that tactile signs attached to shared mobility devices include the email address of the shared mobility service provider, while continuing to require that these signs include the provider’s company name and telephone number.
3. Contains an urgency clause. States that it is necessary that this measure take immediate effect in order to ensure accessibility for individuals who are blind or have visual impairments, as well as to ensure that changes to previously enacted tactile signage requirements for shared mobility devices are reflected.

EXISTING LAW:

1. Defines “shared mobility device” as an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device made available by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform. (Civ. Code § 2505(a)(2).)
2. Excludes from the definition of “shared mobility device” wheelchairs and certain other motorized devices operated by a person who cannot move about as a pedestrian due to a physical disability. (Ibid.)
3. Defines “shared mobility service provider” and “provider” as a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform. (Civ. Code § 2505(a)(3).)
4. Requires shared mobility service providers to affix to each shared mobility device a single readily accessible, clearly displayed tactile sign meant to identify the device for the purpose of reporting illegal or negligent activity. The sign must contain raised characters and accompanying braille, and comply with specified provisions of the California Building Code. (Civ. Code § 2506.)
5. Provides that the sign required under 4) must, at minimum, include the shared mobility service provider company name, phone number, and email address, be visible from a minimum of five feet, and not be obfuscated by branding or other markings. (Ibid.)
6. Establishes standards for visual and tactile characters on signs in buildings, including signs meant to guide blind and visually impaired individuals. (California Building Code, Chapter 11B, Division 7, Section 703, Cal. Code Regs., tit. 24.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS:

1. Background. Shared mobility devices, such as electric bikes and scooters, are now commonly used in many California cities. Shared mobility devices offer a convenient, cheap, and environmentally-friendly alternative to cars for urban users, particularly when traveling short distances. Users can take advantage of smartphone apps to find nearby shared mobility devices and rent them for as long as needed—or until the devices’ batteries run out.

Shared mobility devices are not without their disadvantages, though. Last year’s AB 371 (Jones-Sawyer, Chap. 740, Stats. 2022) addressed, among other things, the frequent problem of users finishing their rides and abandoning their vehicles, leaving the devices blocking sidewalks and other public thoroughfares. As explained by the California Council of the Blind, which sponsored AB 371:

[E]lectric scooters and similar devices, known as shared mobility devices, pose a threat to pedestrians and have resulted in numerous accidents that in some cases have caused significant injury. […S]tate law does require that providers of these devices ensure that liability insurance exists when they are rented to end users. Nothing in state law, however, requires that this liability insurance cover pedestrians injured in accidents with these devices, including situations where the end user leaves the device in the middle of the sidewalk and a pedestrian falls over the device. The [C]ouncil has become aware that there are frequent instances when people with disabilities, including those who are blind or have low vision, and other pedestrians have been hit by or fallen over these devices and sometimes suffered significant injuries as a result.

In response, along with imposing detailed insurance requirements to protect pedestrians injured by users’ negligence, AB 371 required that each shared mobility device contain a single “readily accessible…and clearly displayed tactile sign containing raised characters and accompanying braille, complying with Section 11B-703 of the Building Code, to identify the device for the purpose of reporting illegal or negligent activity.” (Civ. Code § 2506.) These signs are meant to give a blind or visually impaired pedestrian who is injured after falling over an abandoned device sufficient information about the pertinent shared mobility service provider to file an injury report and obtain insurance coverage for their injuries.

2) Author’s statement. According to the author:

Last year, Governor Newsom signed AB 371 into law that ensured Californians injured by e-devices were insured and required these devices to include braille and tactile signage for pedestrians with visual impairments. E-device providers and signage fabricators have indicated that what the law under AB 371 required does not technically fit on the small surfaces of e-devices because of its cross-references requirement to braille and tactile signage found on buildings. Recognizing the need to provide signage that is accessible to those who are blind or have visual impairments, the Legislature must tailor the requirements of e-device braille and tactile signage in a way that is technically feasible and accessible. As such, AB 410 updates existing law to ensure individuals who are blind or have visual impairments have the necessary contact information to file an injury report.

3) What this bill would do. As noted above, current law requires that the identifying braille on shared mobility devices comply with Section 11B-703 of the California Building Code. This standard governs signs meant to guide individuals, including those who are blind or have visual impairments, in finding their way through buildings. When implementing AB 371, it became clear that applying this standard to signs placed on (relatively small) shared mobility devices is impractical.

The supporters of this bill, including the nonprofit Lighthouse for the Blind and Visually Impaired and shared mobility service providers such as Lime, have met and discussed how to specify more a practical standard for required signage. This bill reflects their agreed-upon solution, which they summarize as follows:

Under current law in [Civil Code] Section 2506, shared micromobility providers must affix decals with raised letters and braille stating company name, email address, and phone number. The decals must comply with Building Code 11B-703 and be visible from five feet away. The Building Code section referenced was intended primarily for large format signage on buildings, not for small micromobility devices. One issue with this requirement is that the Building Code does not specify how large letters must be to be visible from five feet away. The proposed amendments would clarify that the letters must be at least one half inch in size [and rendered in a color that contrasts with the background decal]. Another issue is that there is no appropriate place to fit a decal that includes all of the required information on the body of most micromobility devices. The proposed amendments would remove the requirement to include the company email address on the decals. This will reduce the size of the decals while still providing the most important information in the event of an incident: company name and phone number. These changes will enable operators to follow the law.

4) Analysis. This is a consensus measure agreed upon by advocates for individuals with visual disabilities and by major shared mobility device companies. It is meant to assist a particularly vulnerable group of people who may be injured by devices that otherwise provide significant benefits to people who do not share these visual disabilities. In short, this seems like a bill that will benefit Californians as a whole. There seems every reason to support its passage.

5) Author’s amendments—urgency clause and delayed implementation. The author wishes to add an urgency clause to this bill. The amendment provides:

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure accessibility for individuals who are blind or have visual impairments and to ensure changes to previously enacted tactile signage requirements for shared mobility devices are reflected, it is necessary for this act to take effect immediately.

Despite the urgency clause, an additional amendment would delay the effective date of the bill’s requirements until January 1, 2024, as follows:

This section shall become operative on January 1, 2024.

The delay is necessary to provide shared mobility service providers sufficient time to implement the new signage standards. The bill supporters write that the January 1, 2024 date will “give operators time to print and affix decals to their vehicles in accordance with the adjusted requirements. Often, printers have a significant lead time for bulk orders of decals with raised characters and braille.”

6) Related legislation. AB 371 (Jones-Sawyer, Chap. 740, Stats. 2022) required shared mobility service providers to affix tactile signs to devices including the provider’s identifying and contact information; expanded and clarified insurance requirements for shared mobility service providers pertaining to injury, death, or property damage resulting from the negligent conduct of a shared mobility device user; and required the Department of Insurance to conduct a study on the sufficiency of prescribed coverage requirements and the market for qualifying insurance.

AB 1286 (Muratsuchi, Chap. 91, Stats. 2020) defined the terms “shared mobility device” and “shared mobility service provider”; required providers to enter into an agreement with, or obtain a permit from, the local jurisdiction addressing required levels of general liability insurance before distributing a shared mobility device within that jurisdiction; and required local jurisdictions to adopt certain operation, parking, and maintenance rules.

ARGUMENTS IN SUPPORT: The bill’s supporters summarize its benefits, as follows:

AB 410…would make several small but necessary changes to the ADA compliant decal requirements in Section 2506 of the Civil Code for mobility devices. As shared micromobilty providers, we manage safe, effective programs that help municipalities strengthen the local economy, alleviate traffic and parking congestion, reduce harmful emissions, and enhance transit access and first/last mile connectivity. The proposed amendments in AB 410 would make it possible for braille decals to fit on micromobility devices and clarify the size requirement for the raised letters.

REGISTERED SUPPORT / OPPOSITION:

Support

Bicycle Transit Systems

Bird

Lighthouse for the Blind and Visually Impaired

Lime

Lyft

Spin

Systech Displays, Inc.

Opposition

None on file

Analysis Prepared by: Jith Meganathan / P. & C.P. / (916) 319-2200

Date of Hearing: April 11, 2023

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Jesse Gabriel, Chair

ABPCA Bill Id:AB 410 (

Author:Jones-Sawyer) – As Amended Ver:March 30, 2023

Proposed Consent (as Proposed to be Amended to Add an Urgency Clause)

SUBJECT: Shared mobility devices

SYNOPSIS

Shared mobility devices, such as electric bikes and scooters, are now a common sight in many California cities. Shared mobility devices offer a convenient, cheap, and environmentally-friendly alternative to cars, particularly for short trips. Users can take advantage of smartphone apps to find and rent nearby shared mobility devices.

Shared mobility devices are not without their disadvantages, though. Last year’s AB 371 (Jones-Sawyer, Chap. 740, Stats. 2022) addressed, among other things, the frequent problem of users finishing their rides and abandoning their vehicles blocking sidewalks and other public thoroughfares. People who suffer from visual disabilities or blindness regularly injure themselves when they unexpectedly encounter such negligently- and/or illegally-parked vehicles.

AB 371 responded to this issue by imposing insurance requirements to cover pedestrians injured by users’ negligence, and by requiring each shared mobility device to display a single “readily accessible…and clearly displayed tactile sign containing raised characters and accompanying braille, complying with Section 11B-703 of the Building Code, to identify the device for the purpose of reporting illegal or negligent activity.” This sign is meant to give any blind or visually impaired pedestrians injured after falling over an abandoned vehicle sufficient information about the pertinent shared mobility service provider to file an injury report and obtain insurance coverage for their injuries.

Unfortunately, in the course of implementing AB 371, it became evident that the Building Code standards and the information required on the signs were impractical. This bill updates the signage requirements to (i) further specify that the raised characters be, at minimum, one-half inch high and rendered in a color that contrasts with the signage background, and (ii) remove a requirement that signs include the email address of the shared mobility service provider, while continuing to require that they include the provider’s company name and telephone number.

This author-sponsored measure is supported by the nonprofit Lighthouse for the Blind and Visually Impaired, by shared mobility service providers Bicycle Transit Systems, Bird, Lime, Lyft, and Spin, and by braille signage specialist Systech Displays, Inc.

Note: in keeping with current recommendations of the Braille Authority of North America, both this analysis and the bill itself use the lowercase word “braille,” rather than the capitalized “Braille,” to refer to the tactile code for reading.

SUMMARY: Revises standards for raised characters and braille lettering on the sign required to be affixed to a shared mobility device in order to inform individuals who are blind or have visual impairments of how to identify and contact the service provider responsible for the device. Specifically, this bill:

1. Revises the requirement that raised characters on tactile signs affixed to shared mobility devices comply with California Building Code Section 11B-703 to further specify that the raised characters be, at minimum, one-half inch high and rendered in a color that contrasts with the signage background.
2. Removes a requirement that tactile signs attached to shared mobility devices include the email address of the shared mobility service provider, while continuing to require that these signs include the provider’s company name and telephone number.
3. Contains an urgency clause. States that it is necessary that this measure take immediate effect in order to ensure accessibility for individuals who are blind or have visual impairments, as well as to ensure that changes to previously enacted tactile signage requirements for shared mobility devices are reflected.
4. EXISTING LAW: Defines “shared mobility device” as an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device made available by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform. (Civ. Code § 2505(a)(2).)
5. Excludes from the definition of “shared mobility device” wheelchairs and certain other motorized devices operated by a person who cannot move about as a pedestrian due to a physical disability. (Ibid.)
6. Defines “shared mobility service provider” and “provider” as a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform. (Civ. Code § 2505(a)(3).)
7. Requires shared mobility service providers to affix to each shared mobility device a single readily accessible, clearly displayed tactile sign meant to identify the device for the purpose of reporting illegal or negligent activity. The sign must contain raised characters and accompanying braille, and comply with specified provisions of the California Building Code. (Civ. Code § 2506.)
8. Provides that the sign required under 4) must, at minimum, include the shared mobility service provider company name, phone number, and email address, be visible from a minimum of five feet, and not be obfuscated by branding or other markings. (Ibid.)
9. Establishes standards for visual and tactile characters on signs in buildings, including signs meant to guide blind and visually impaired individuals. (California Building Code, Chapter 11B, Division 7, Section 703, Cal. Code Regs., tit. 24.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: Background. Shared mobility devices, such as electric bikes and scooters, are now commonly used in many California cities. Shared mobility devices offer a convenient, cheap, and environmentally-friendly alternative to cars for urban users, particularly when traveling short distances. Users can take advantage of smartphone apps to find nearby shared mobility devices and rent them for as long as needed—or until the devices’ batteries run out.

Shared mobility devices are not without their disadvantages, though. Last year’s AB 371 (Jones-Sawyer, Chap. 740, Stats. 2022) addressed, among other things, the frequent problem of users finishing their rides and abandoning their vehicles, leaving the devices blocking sidewalks and other public thoroughfares. As explained by the California Council of the Blind, which sponsored AB 371:

[E]lectric scooters and similar devices, known as shared mobility devices, pose a threat to pedestrians and have resulted in numerous accidents that in some cases have caused significant injury. […S]tate law does require that providers of these devices ensure that liability insurance exists when they are rented to end users. Nothing in state law, however, requires that this liability insurance cover pedestrians injured in accidents with these devices, including situations where the end user leaves the device in the middle of the sidewalk and a pedestrian falls over the device. The [C]ouncil has become aware that there are frequent instances when people with disabilities, including those who are blind or have low vision, and other pedestrians have been hit by or fallen over these devices and sometimes suffered significant injuries as a result.

In response, along with imposing detailed insurance requirements to protect pedestrians injured by users’ negligence, AB 371 required that each shared mobility device contain a single “readily accessible…and clearly displayed tactile sign containing raised characters and accompanying braille, complying with Section 11B-703 of the Building Code, to identify the device for the purpose of reporting illegal or negligent activity.” (Civ. Code § 2506.) These signs are meant to give a blind or visually impaired pedestrian who is injured after falling over an abandoned device sufficient information about the pertinent shared mobility service provider to file an injury report and obtain insurance coverage for their injuries.

2) Author’s statement. According to the author:

Last year, Governor Newsom signed AB 371 into law that ensured Californians injured by e-devices were insured and required these devices to include braille and tactile signage for pedestrians with visual impairments. E-device providers and signage fabricators have indicated that what the law under AB 371 required does not technically fit on the small surfaces of e-devices because of its cross-references requirement to braille and tactile signage found on buildings. Recognizing the need to provide signage that is accessible to those who are blind or have visual impairments, the Legislature must tailor the requirements of e-device braille and tactile signage in a way that is technically feasible and accessible. As such, AB 410 updates existing law to ensure individuals who are blind or have visual impairments have the necessary contact information to file an injury report.

3) What this bill would do. As noted above, current law requires that the identifying braille on shared mobility devices comply with Section 11B-703 of the California Building Code. This standard governs signs meant to guide individuals, including those who are blind or have visual impairments, in finding their way through buildings. When implementing AB 371, it became clear that applying this standard to signs placed on (relatively small) shared mobility devices is impractical.

The supporters of this bill, including the nonprofit Lighthouse for the Blind and Visually Impaired and shared mobility service providers such as Lime, have met and discussed how to specify more a practical standard for required signage. This bill reflects their agreed-upon solution, which they summarize as follows:

Under current law in [Civil Code] Section 2506, shared micromobility providers must affix decals with raised letters and braille stating company name, email address, and phone number. The decals must comply with Building Code 11B-703 and be visible from five feet away. The Building Code section referenced was intended primarily for large format signage on buildings, not for small micromobility devices. One issue with this requirement is that the Building Code does not specify how large letters must be to be visible from five feet away. The proposed amendments would clarify that the letters must be at least one half inch in size [and rendered in a color that contrasts with the background decal]. Another issue is that there is no appropriate place to fit a decal that includes all of the required information on the body of most micromobility devices. The proposed amendments would remove the requirement to include the company email address on the decals. This will reduce the size of the decals while still providing the most important information in the event of an incident: company name and phone number. These changes will enable operators to follow the law.

4) Analysis. This is a consensus measure agreed upon by advocates for individuals with visual disabilities and by major shared mobility device companies. It is meant to assist a particularly vulnerable group of people who may be injured by devices that otherwise provide significant benefits to people who do not share these visual disabilities. In short, this seems like a bill that will benefit Californians as a whole. There seems every reason to support its passage.

5) Author’s amendments—urgency clause and delayed implementation. The author wishes to add an urgency clause to this bill. The amendment provides:

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to ensure accessibility for individuals who are blind or have visual impairments and to ensure changes to previously enacted tactile signage requirements for shared mobility devices are reflected, it is necessary for this act to take effect immediately.

Despite the urgency clause, an additional amendment would delay the effective date of the bill’s requirements until January 1, 2024, as follows:

This section shall become operative on January 1, 2024.

The delay is necessary to provide shared mobility service providers sufficient time to implement the new signage standards. The bill supporters write that the January 1, 2024 date will “give operators time to print and affix decals to their vehicles in accordance with the adjusted requirements. Often, printers have a significant lead time for bulk orders of decals with raised characters and braille.”

6) Related legislation. AB 371 (Jones-Sawyer, Chap. 740, Stats. 2022) required shared mobility service providers to affix tactile signs to devices including the provider’s identifying and contact information; expanded and clarified insurance requirements for shared mobility service providers pertaining to injury, death, or property damage resulting from the negligent conduct of a shared mobility device user; and required the Department of Insurance to conduct a study on the sufficiency of prescribed coverage requirements and the market for qualifying insurance.

AB 1286 (Muratsuchi, Chap. 91, Stats. 2020) defined the terms “shared mobility device” and “shared mobility service provider”; required providers to enter into an agreement with, or obtain a permit from, the local jurisdiction addressing required levels of general liability insurance before distributing a shared mobility device within that jurisdiction; and required local jurisdictions to adopt certain operation, parking, and maintenance rules.

ARGUMENTS IN SUPPORT: The bill’s supporters summarize its benefits, as follows:

AB 410…would make several small but necessary changes to the ADA compliant decal requirements in Section 2506 of the Civil Code for mobility devices. As shared micromobilty providers, we manage safe, effective programs that help municipalities strengthen the local economy, alleviate traffic and parking congestion, reduce harmful emissions, and enhance transit access and first/last mile connectivity. The proposed amendments in AB 410 would make it possible for braille decals to fit on micromobility devices and clarify the size requirement for the raised letters.

REGISTERED SUPPORT / OPPOSITION:

Support

Bicycle Transit Systems

Bird

Lighthouse for the Blind and Visually Impaired

Lime

Lyft

Spin

Systech Displays, Inc.

Opposition

None on file

Analysis Prepared by: Jith Meganathan / P. & C.P. / (916) 319-2200

Date of Hearing: April 11, 2023

ASSEMBLY COMMITTEE ON PRIVACY AND CONSUMER PROTECTION

Jesse Gabriel, Chair

ABPCA Bill Id:AB 410 (

Author:Jones-Sawyer) – As Amended Ver:March 30, 2023

Proposed Consent

SUBJECT: Shared mobility devices

SYNOPSIS

Shared mobility devices, such as electric bikes and scooters, are now a common sight in many California cities. Shared mobility devices offer a convenient, cheap, and environmentally-friendly alternative to cars, particularly for short trips. Users can take advantage of smartphone apps to find and rent nearby shared mobility devices.

Shared mobility devices are not without their disadvantages, though. Last year’s AB 371 (Jones-Sawyer, Chap. 740, Stats. 2022) addressed, among other things, the frequent problem of users finishing their rides and abandoning their vehicles blocking sidewalks and other public thoroughfares. People who suffer from visual disabilities or blindness regularly injure themselves when they unexpectedly encounter such negligently- and/or illegally-parked vehicles.

AB 371 responded to this issue by imposing insurance requirements to cover pedestrians injured by users’ negligence, and by requiring each shared mobility device to display a single “readily accessible…and clearly displayed tactile sign containing raised characters and accompanying braille, complying with Section 11B-703 of the Building Code, to identify the device for the purpose of reporting illegal or negligent activity.” This sign is meant to give any blind or visually impaired pedestrians injured after falling over an abandoned vehicle sufficient information about the pertinent shared mobility service provider to file an injury report and obtain insurance coverage for their injuries.

Unfortunately, in the course of implementing AB 371, it became evident that the Building Code standards and the information required on the signs were impractical. This bill updates the signage requirements to (i) further specify that the raised characters be, at minimum, one-half inch high and rendered in a color that contrasts with the signage background, and (ii) remove a requirement that signs include the email address of the shared mobility service provider, while continuing to require that they include the provider’s company name and telephone number.

This author-sponsored measure is supported by the nonprofit Lighthouse for the Blind and Visually Impaired, by shared mobility service providers Bicycle Transit Systems, Bird, Lime, Lyft, and Spin, and by braille signage specialist Systech Displays, Inc.

Note: in keeping with current recommendations of the Braille Authority of North America, both this analysis and the bill itself use the lowercase word “braille,” rather than the capitalized “Braille,” to refer to the tactile code for reading.

SUMMARY: Revises standards for raised characters and braille lettering on the sign required to be affixed to a shared mobility device in order to inform individuals who are blind or have visual impairments of how to identify and contact the service provider responsible for the device. Specifically, this bill:

1. Revises the requirement that raised characters on tactile signs affixed to shared mobility devices comply with California Building Code Section 11B-703 to further specify that the raised characters be, at minimum, one-half inch high and rendered in a color that contrasts with the signage background.
2. Removes a requirement that tactile signs attached to shared mobility devices include the email address of the shared mobility service provider, while continuing to require that these signs include the provider’s company name and telephone number.

EXISTING LAW:

1. Defines “shared mobility device” as an electrically motorized board, motorized scooter, electric bicycle, bicycle, or other similar personal transportation device made available by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform. (Civ. Code § 2505(a)(2).)
2. Excludes from the definition of “shared mobility device” wheelchairs and certain other motorized devices operated by a person who cannot move about as a pedestrian due to a physical disability. (Ibid.)
3. Defines “shared mobility service provider” and “provider” as a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform. (Civ. Code § 2505(a)(3).)
4. Requires shared mobility service providers to affix to each shared mobility device a single readily accessible, clearly displayed tactile sign meant to identify the device for the purpose of reporting illegal or negligent activity. The sign must contain raised characters and accompanying braille, and comply with specified provisions of the California Building Code. (Civ. Code § 2506.)
5. Provides that the sign required under 4) must, at minimum, include the shared mobility service provider company name, phone number, and email address, be visible from a minimum of five feet, and not be obfuscated by branding or other markings. (Ibid.)
6. Establishes standards for visual and tactile characters on signs in buildings, including signs meant to guide blind and visually impaired individuals. (California Building Code, Chapter 11B, Division 7, Section 703, Cal. Code Regs., tit. 24.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS:

1) Background. Shared mobility devices, such as electric bikes and scooters, are now commonly used in many California cities. Shared mobility devices offer a convenient, cheap, and environmentally-friendly alternative to cars for urban users, particularly when traveling short distances. Users can take advantage of smartphone apps to find nearby shared mobility devices and rent them for as long as needed—or until the devices’ batteries run out.

Shared mobility devices are not without their disadvantages, though. Last year’s AB 371 (Jones-Sawyer, Chap. 740, Stats. 2022) addressed, among other things, the frequent problem of users finishing their rides and abandoning their vehicles, leaving the devices blocking sidewalks and other public thoroughfares. As explained by the California Council of the Blind, which sponsored AB 371:

[E]lectric scooters and similar devices, known as shared mobility devices, pose a threat to pedestrians and have resulted in numerous accidents that in some cases have caused significant injury. […S]tate law does require that providers of these devices ensure that liability insurance exists when they are rented to end users. Nothing in state law, however, requires that this liability insurance cover pedestrians injured in accidents with these devices, including situations where the end user leaves the device in the middle of the sidewalk and a pedestrian falls over the device. The [C]ouncil has become aware that there are frequent instances when people with disabilities, including those who are blind or have low vision, and other pedestrians have been hit by or fallen over these devices and sometimes suffered significant injuries as a result.

In response, along with imposing detailed insurance requirements to protect pedestrians injured by users’ negligence, AB 371 required that each shared mobility device contain a single “readily accessible…and clearly displayed tactile sign containing raised characters and accompanying braille, complying with Section 11B-703 of the Building Code, to identify the device for the purpose of reporting illegal or negligent activity.” (Civ. Code § 2506.) These signs are meant to give a blind or visually impaired pedestrian who is injured after falling over an abandoned device sufficient information about the pertinent shared mobility service provider to file an injury report and obtain insurance coverage for their injuries.

2) Author’s statement. According to the author:

Last year, Governor Newsom signed AB 371 into law that ensured Californians injured by e-devices were insured and required these devices to include braille and tactile signage for pedestrians with visual impairments. E-device providers and signage fabricators have indicated that what the law under AB 371 required does not technically fit on the small surfaces of e-devices because of its cross-references requirement to braille and tactile signage found on buildings. Recognizing the need to provide signage that is accessible to those who are blind or have visual impairments, the Legislature must tailor the requirements of e-device braille and tactile signage in a way that is technically feasible and accessible. As such, AB 410 updates existing law to ensure individuals who are blind or have visual impairments have the necessary contact information to file an injury report.

3) What this bill would do. As noted above, current law requires that the identifying braille on shared mobility devices comply with Section 11B-703 of the California Building Code. This standard governs signs meant to guide individuals, including those who are blind or have visual impairments, in finding their way through buildings. When implementing AB 371, it became clear that applying this standard to signs placed on (relatively small) shared mobility devices is impractical.

The supporters of this bill, including the nonprofit Lighthouse for the Blind and Visually Impaired and shared mobility service providers such as Lime, have met and discussed how to specify more a practical standard for required signage. This bill reflects their agreed-upon solution, which they summarize as follows:

Under current law in [Civil Code] Section 2506, shared micromobility providers must affix decals with raised letters and braille stating company name, email address, and phone number. The decals must comply with Building Code 11B-703 and be visible from five feet away. The Building Code section referenced was intended primarily for large format signage on buildings, not for small micromobility devices. One issue with this requirement is that the Building Code does not specify how large letters must be to be visible from five feet away. The proposed amendments would clarify that the letters must be at least one half inch in size [and rendered in a color that contrasts with the background decal]. Another issue is that there is no appropriate place to fit a decal that includes all of the required information on the body of most micromobility devices. The proposed amendments would remove the requirement to include the company email address on the decals. This will reduce the size of the decals while still providing the most important information in the event of an incident: company name and phone number. These changes will enable operators to follow the law.

4) Analysis. This is a consensus measure agreed upon by advocates for individuals with visual disabilities and by major shared mobility device companies. It is meant to assist a particularly vulnerable group of people who may be injured by devices that otherwise provide significant benefits to people who do not share these visual disabilities. In short, this seems like a bill that will benefit Californians as a whole. There seems every reason to support its passage.

5) Related legislation. AB 371 (Jones-Sawyer, Chap. 740, Stats. 2022) required shared mobility service providers to affix tactile signs to devices including the provider’s identifying and contact information; expanded and clarified insurance requirements for shared mobility service providers pertaining to injury, death, or property damage resulting from the negligent conduct of a shared mobility device user; and required the Department of Insurance to conduct a study on the sufficiency of prescribed coverage requirements and the market for qualifying insurance.

AB 1286 (Muratsuchi, Chap. 91, Stats. 2020) defined the terms “shared mobility device” and “shared mobility service provider”; required providers to enter into an agreement with, or obtain a permit from, the local jurisdiction addressing required levels of general liability insurance before distributing a shared mobility device within that jurisdiction; and required local jurisdictions to adopt certain operation, parking, and maintenance rules.

ARGUMENTS IN SUPPORT: The bill’s supporters summarize its benefits, as follows:

AB 410…would make several small but necessary changes to the ADA compliant decal requirements in Section 2506 of the Civil Code for mobility devices. As shared micromobilty providers, we manage safe, effective programs that help municipalities strengthen the local economy, alleviate traffic and parking congestion, reduce harmful emissions, and enhance transit access and first/last mile connectivity. The proposed amendments in AB 410 would make it possible for braille decals to fit on micromobility devices and clarify the size requirement for the raised letters.

REGISTERED SUPPORT / OPPOSITION:

Support

Bicycle Transit Systems

Bird

Lighthouse for the Blind and Visually Impaired

Lime

Lyft

Spin

Systech Displays, Inc.

Opposition

None on file

Analysis Prepared by: Jith Meganathan / P. & C.P. / (916) 319-2200