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Ban on moped rental fails to have an effect again


Ban on moped rental fails to have an effect again

Oak Bluffs’ attempt to ban moped rentals through the Massachusetts legislature appears to have failed again.

In May, a petition supported by a town hall meeting was sent to state legislators for consideration, just before the state legislators’ formal session ended in July. In effect, this means that if Oak Bluffs wants to pass a ban on rental mopeds, the petition will have to go to the town hall meeting a third time before going back to state legislators.

Thursday’s fatal moped crash in Oak Bluffs — in which a 41-year-old Florida woman died in a crash on Sea View Avenue while on vacation — has renewed calls for more measures to prevent moped crashes, including a proposed ban on rental vehicles. News that the city’s home rule request has gone unheeded has renewed frustration for some in the community.

“It’s really a shame,” said Timothy Rich, former Chilmark police chief and longtime advocate of banning moped rentals on the Vineyard. “If we have to go through the whole process again, this will be the third time.”

The City of Oak Bluffs voted to introduce a home rule petition in favor of the ban at the 2018 Town Meeting. When that bill failed, voters approved a petition again in 2021. Both votes came after well-publicized moped accidents.

For Rich, the responsibility lies with the state legislators for failing to pass the bill despite widespread support for it on the island. But he also said the City Council lacks leadership to get the bill across the finish line. He noted that no one from Oak Bluffs spoke at the last hearing on the bill at the State House. State Rep. Dylan Fernandes, representing the islands, submitted testimony, and the city submitted written testimony, but Rich noted that no one from the city spoke in person. Rich said he has received support from the heads of the island’s fire, police and emergency services; town meetings in all six towns have passed non-binding referendums in support of banning moped rentals; and he pointed to polls showing nearly unanimous support for the measure on the island.

“That was a failure the leadership of the Oak Bluffs Select Board,” Rich said. “Voters look to them to lead the way. Now a beautiful woman has died.”

Oak Bluffs Select Board Chairwoman Gail Barmakian declined to comment by phone, saying only that the board would likely raise the issue at an upcoming board meeting.

Mark Leonard, a member of the select committee reached Tuesday, said the city needs to work with state lawmakers again to get the state bill back on track.

“It’s time to do something,” Leonard said, referring to the recent fatal accident.

Although the state’s bill didn’t pass, Leonard said there are steps the committee could consider to make the roads safer. He suggested the committee should look at alternatives while also trying to get something passed by the state legislature. “We need to look at alternatives, from licensing to more requirements,” Leonard said.

When asked for comment, local state lawmakers said they support the measure to ban rentals in Oak Bluffs.

Senator Julian Cyr said the city’s proposed rent ban would have a better chance of passing at the state level if all of the island’s towns had a unified voice. He suggested that all six towns pass a motion for home rule at a town hall meeting, similar to what Oak Bluffs did.

“We have supported this home rule request since it was originally submitted,” Cyr said. “I think we still have some work to do to continue to advocate for a relatively novel policy that focuses on a mode of transportation that makes sense for the island.”

Cyr added that measures taken by one island city that are not consistent across the rest of the island cities can make it difficult to gain traction before lawmakers, but he noted that he supports the measure.

“The loss of another person in a moped accident is deeply disturbing,” Cyr added.

In his response to Cyr, Rich said that the cities were unanimous in their support of a rental ban.

“I have a bond de-bond referendum that every town meeting voted for and passed on the ballot,” Rich said. “Get that through.”

Rich is a member of the group Mopeds Are Dangerous Action Committee, which advocates for change to reduce moped accidents. In 2014, a moped rider was killed when he lost control of his moped and collided with a pickup truck driven by Rich’s son. Rich says his son gets flashbacks every time a moped accident is reported on the news. He tells the Times he’s in it for the long haul to make change.

“As long as I have breath, I will continue to fight to get moped rentals off the island,” he said.

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