As used in this article, the following terms shall have the
meanings indicated:
OPERATOR
The individual who actually operates the pedicab, whether
as the owner, an employee of the owner, or as an independent contractor.
OWNER
Any person who owns, leases, or otherwise has possession
of the pedicab.
PEDICAB
A bicycle-like vehicle that has at least three wheels, is
capable of transporting passengers on seats attached to the vehicle,
is propelled by human power through a chain, belt or gears, and is
used for transporting passengers for hire.
Pedicabs shall be operated in accordance with the laws of the
Commonwealth of Massachusetts applicable to the use of bicycles on
public roads and highways and shall obey all traffic laws, and shall
meet the following requirements:
A. Pedicabs
shall be equipped with the safety equipment described in MGL c. 85,
§ 11b, at all times. In addition, pedicabs shall:
(1) Display
a battery- or generator-operated lighted lamp or lamps upon the rear
part of such pedicab vehicle at all times when lamps are required
to be lit pursuant to MGL c. 85, § 11b(8). Such lamp or
lamps shall, when lighted, emit a red light that in clear weather
shall be visible at a distance of not less than 500 feet in the direction
from which the pedicab is proceeding.
(2) Be
equipped with battery- or generator-operated turn signal lamps. Such
lamps shall, when lighted, emit a flashing yellow light that in clear
weather shall be visible at a distance of not less than 500 feet both
in the direction to and from which the pedicab is proceeding.
(3) Be
equipped with a pedal-power delivery system of chains and gears (or
the equivalent thereof) sufficient to permit the pedicab to accelerate
from a standing position at a rate that will not unduly impede the
flow of traffic. Electric assist is allowed. Combustion engines are
prohibited.
(4) Be
equipped with a hydraulic or mechanical disc brake system that will
permit the pedicab to stop safely in an emergency situation without
affecting the stability of the vehicle.
(5) Be
equipped with spoke reflectors placed upon each wheel and reflective
tape marking the side edges of the pedicab at both front and rear.
(6) Be
equipped with at least one side-view or rear-view mirror designed
to allow the driver to observe traffic to the rear of the pedicab.
(7) Be
equipped with seat belts for passengers.
(8) Pedicabs
may not exceed 55 inches in width and 10 feet in length.
B. Pedicabs
shall be operated in the manner described in MGL c. 85, § 11b,
at all times. In addition:
(1) Pedicab
operators shall wear a helmet.
(2) Turn
signals shall be given by the use of the turn signal lamps required
pursuant to this section.
(3) Pedicabs
shall pick up and discharge passengers as close to the curbline of
the street as possible.
(4) Pedicabs
shall be operated in a manner that does not impede or block the normal
or reasonable movement of vehicular or pedestrian traffic except where
necessary to comply with applicable provisions of law.
(5) Passengers
shall be required to remain seated at all times while the pedicab
is in motion.
(6) Not
more than three passengers shall be permitted in a pedicab at any
time.
(7) Operators
of pedicabs shall comply with any restrictions set forth on their
motor vehicle driver's license at all times while driving a pedicab.
(8) Pedicabs
shall not be operated while the operator is under the influence of
alcohol or controlled substances other than medication prescribed
for the operator by a physician that does not adversely affect the
ability of the pedicab driver to operate the pedicab.
(9) Fares
must be agreed upon at the beginning of each trip.
(10) Pedicabs shall not be operated on public sidewalks.
It shall be unlawful to violate any of the provisions of this
article, and the penalty for violation of any provision, as levied
by the Chief of Police and/or the Chief's designee, shall be a fine
of $50 for the first offense, and an additional $50 per offense thereafter
to the maximum allowable under state law.