<p>A superior court judge cleared the way Friday for three Oak Bluffs moped dealerships to open for business, ordering the town to grant waivers to a test track requirement that has been a sticking point.
A superior court judge cleared the way Friday for two Oak Bluffs rental moped dealers to open for business, ordering the town to grant waivers to a test track requirement that has been a sticking point between the dealers and the selectmen.
The selectmen have called an emergency meeting for Tuesday to address the matter.
The six-page order from the Hon. Cornelius J. Moriarty granted an emergency injunction to the owners of Ride-On Mopeds, Island Hoppers and King of Rentals of MV. The judge found that the town moped bylaw is at odds with state law, specifically in regard to the test track requirement. Early this month the selectmen denied waivers to the three moped companies which do not have test tracks and could not meet the requirement that has gone unenforced for years. The decision effectively froze the annual license renewals for the dealers Jason Leone and Aguimar Carlos.
Last week the dealers went to court with their attorney seeking an injunction. A hearing was held in the Edgartown courthouse on Wednesday this week.
The ruling issued by Judge Moriarty Friday found that under state law anyone with a valid driver’s license can own or rent a moped. Therefore, the judge found the town bylaw “has effectively burdened the right to operate a moped by adding the requirement that those wishing to rent a moped in Oak Bluffs must presumably pass a safety test . . . at onsite training tracks that do not now or ever have existed.”
The judge overturned the selectmen’s decision, ordering them to grant a waiver of the training track requirement and issue moped licenses as long as the companies are otherwise qualified. The companies are required to collectively post a $25,000 cash bond with the court.
An emergency selectmen's meeting has been posted for Tuesday at 4 p.m. The board will meet first in exceutive session, followed by an open session where a vote on the moped licenses is expected.
Comments
Oh well. The judge is right,
deshandra brown EdgOh well. The judge is right, the town can't add requirements to a state motor vehicle law. Better make sure the ambulances are stacked with bandages for the ininformed dummies who ride these contraptions in short sleeve shirts, short pants, flip flops, no gloves, no eye protection. Maybe the town can add a 'per moped' $10,000 per year fee to cover all the ambulance runs necessitated by the inexperienced riders.
If a ambulance goes to help a
Joe MassIf a ambulance goes to help a accident victim, the town is not paying for that service. The ambulance charges the I insurance company. Check your facts.
Excellent News! Justice has
Marianne Burbank Canton, CTExcellent News! Justice has prevailed!
judge was very fair imo. he
harold burbank canton ctjudge was very fair imo. he read the statute closely, finding intent to protect moped users statewide from what was essentially an oak bluffs ban of the legislature's intentions he obviously considered the test track issue too. since that rule had not been enforced for about 12 years v any company, the judge considered the rule waived. good calls all around imo. as for safety, there is no way to protect everyone from misuse of ANY vehicles. why should mopeds be singled out? hope the vendor is running this weekend for his sake.
How anyone can say, "
Scott Ryan New JerseyHow anyone can say, " Excellent news!" in light of the young woman who lost a limb last summer and the young man who lost his life a summer or two ago is beyond me! Is there anyone who has not been in a dangerous situation with mopeds up island on a busy summer's day? Ray Ellis used to ride around town years ago with a bumper sticker saying ," Mopeds Are Dangerous." And they are!
Scott, it is very unfortunate
Joel ChilmarkScott, it is very unfortunate, however we are about to unleash an island that is free wheeling with marijuana and being a trial lawyer by trade can only imagine the liability that will descend on this island.
The young woman losing her
Marianne Burbank Canton, CTThe young woman losing her limb was a tragedy but one that sadly was of hers and her co-rider's own making. If they had not been fooling around with a camera and had been paying close attention, the accident would likely have not happpened. It was heart breaking but just as there are tragic car accidents after which cars and car rental shops are not banned, neither can or should mopeds be banned... Not unless the state legislature outlaws mopeds or puts restrictions on them, which they haven't. People get seriously injured skiiing and rock climbing and boating and even crossing the street too.... Shall we outlaw life? And destroy some innocent decent good men's livelihoods with which they support their families in the process? That would a tragedy as well about which the moped banners seem to have had no concern whatsoever.,So yes, I say, Excellent! Justice has prevailed!
In 100% agreement. The nanny
Bob EdgartownIn 100% agreement. The nanny state wants to control your life into a no fun life. Riding a moped is fun. The island car drivers treat mopeds with no respect and add to the danger. Island people need to be more careful a few months out of the year is that so hard.
I agree. The Judges were
Shirley Oak BluffsI agree. The Judges were correct in interpreting the law.
Great news! People have the
BS ObGreat news! People have the right to persue activities that are legal! It may not be the best choice for an invidual but it's not up to any of us to deny that choice without the consent of the legislature. If you want change then change the law.
Boom!! I just start Uber
Iyesha Robinson OBBoom!! I just start Uber moped...
The judge made the right
The Truth MVThe judge made the right decision .
The island should buyout all the moped license at a reasonable offer. That's how you get rid of mopeds on Martha's Vineyard .
Does a driver's license give
PaulDoes a driver's license give the person the right to operate a motorcycle.
No, you need a motorcycle
Abby Normal The RockNo, you need a motorcycle license. Mopeds have engines that are 50cc or less and not suppose to go over 25 or 30 mph.
"A moped is defined by the
michael johnson oak bluffs"A moped is defined by the state as a "motorized bicycle" with an automatic transmission and cylinders of 50 cc or less with a maximum speed of 30 MPH. You must be at least 16 years old with a valid driver license to operate a moped in Massachusetts." source: MassRMV website
No it does not but it gives you the right to drive a moped as described.
Im disappointed. Guys can
Ken Edg.Im disappointed. Guys can drive these death traps with their 200 lb. passengers on the back. This isnt ten years ago, there are alot more home owners now and we are just as congested as the cape which dont have them.
I saw the test track today in
Brian Athearn West TisburyI saw the test track today in use. Thirty foot figure 8. Then they went flying out into the road wide open. Don't think anything had changed.
This article is about the
Penny Wong Vineyard HavenThis article is about the shops in Oak Bluffs which were NOT open this weekend. And if you read the article then you would know that the judge ruled that the requirement of a test track is not legal.
ms. Burbank... maybe you and
flounder bob chilmark/berlinms. Burbank... maybe you and Cornelius J. Moriarty mite like to share one moped on July 4th and cruze the island ....don't forget your camera, pocketbook, hats, beach towels too. have a great time and get back to us.
Mopeds are dangerous for
Mookie TisburyMopeds are dangerous for everyone on the island. With so many narrow roads they are just accidents waiting to happen. As a driver there is nothing more annoying, and potentially dangerous, than trying to get around a slow moped on a narrow road with traffic coming at you. Most of the riders are tourists, not dressed for riding safely, nor careful or familiar with the roads here. Seems the only people who want mopeds are the rental companies that make money from them. They shouldn't prevail. The town has done a pretty bad job of finding a way around state laws, so perhaps a more imaginative legal team is required. Personally I like the idea of forcing a $10,000 deposit to renters to cover medical, police, and all other liability costs associated with the accidents these machines inevitably cause every summer.
I like the way you think,
Save MVY EdgartownI like the way you think, Mookie. Let's all build on this creativity concept. How about this additional idea: Voters in Edgartown and West Tisbury have voted resoundingly against moped rentals. So, let's focus on those two towns, which are destinations and gateways to down-island and up-island sights. Why not impose a MINIMUM speed limit of 31 MPH on the entry roads? (State, Old County, Edgartown - WT, Edgartown - VH, and Beach Roads) Mopeds are limited by MA state law to 30 MPH. If the moped cannot drive 31, it is not permitted into town. Given the small number of roads, the police chiefs could certainly find small, safe areas to enforce a minimum of 31 MPH. If a few concerned citizens politely informed any potential renter that they could not use their moped rental in Edgartown, West Tisbury, Chilmark, or Aquinnah, those renters may simply elect to use the safer Vineyard Transit. Come on, Islanders -- let's do this! Let's take Mookie's idea, add this idea, and add a number of other restrictions until the entire moped rental safety hazard is eliminated. Selectmen and women -- Do Your Job!
State Road is just that, a
Sam Oak BluffsState Road is just that, a state road. The towns can not arbitrarily impose minimum speed limits on a state highway.
Well, then, it would follow
RSE OBWell, then, it would follow that the town can't be sued or be held responsible for the accidents and loss of body parts, the state would.
We are summer residents and
Kay EdgartownWe are summer residents and although we don't like navigating mopeds, we also don't like dealing with disrespectful drivers, bikers and walkers that think it is all about them! A little consideration would benefit everyone!
It's not fun for a driver to
Mariah Vineyard HavenIt's not fun for a driver to come upon an unsteady, wobbly moped rider and sometimes with a passenger. Always pray they don't go down near me.
The real issue is with the
Allen Razdow AquinnahThe real issue is with the DMV! To ride without a motorcycle license is ONLY permitted if the bike has a mandated limit on power. So rented mopeds can't go the speed limit forcing riders to stay near the shoulders, look behind them all the time, and create dangerous passing situations. CHANGE THE LAW! NO motorbikes that can't keep up with traffic, whether rented on not, would solve this problem and save lives.
To Sam from Oak Bluffs:
Save MVY EdgartownTo Sam from Oak Bluffs: Respectfully, the established law does not support your statement. See below for details. Regardless, stay focused on the essential facts: #1 moped rentals have been demonstrably dangerous for more than thirty years. #2 MVY voters in all towns overwhelmingly support the elimination of moped rentals. #3 It is far beyond time for the citizenry, the elected officials, and the public safety first responders to eliminate the threat mopeds pose to public safety. Back to the law, see Section 18 of the relevant statute. I have copied it for your convenience. "Section 18. The city council, the transportation commission of the city of Boston, the board of selectmen, park commissioners, a traffic commission or traffic director, or the department, on ways within their control, may make special regulations as to the speed of motor vehicles and may prohibit the use of such vehicles altogether on such ways; provided, however, that except in the case of a speed regulation no such special regulation shall be effective unless it shall have been published in one or more newspapers." This codicil clearly puts these topics within the purview of the Board of Selectmen. In any case, Sam, in the event my overall strategy were adopted and State Road were excluded (for whatever reason), the moped customers would see very little value proposition. Eliminating demand for moped rentals may well be the most effective means of eliminating this public safety danger.
Mookie revealed the heart of
Sara Piazza EdgartownMookie revealed the heart of the matter and the real impetus behind this whole campaign. "As a driver there is nothing more annoying, and potentially dangerous, than trying to get around a slow moped on a narrow road with traffic coming at you." As the (cleverly modified) bumper sticker reads: Mopeds Anger Us. Mopeds, in and of themselves are not dangerous. This whole island is dangerous in the summer. Everyone is driving too fast and nobody cares. Enforcement saves lives? Yes, how about a little enforcement with the speeding automobiles? How about slowing down and sharing the road?
There are three big road
Thomas Vineyard HavenThere are three big road transportation management concepts around the world. First, the Autobahn is do whatever you want, fast as you want, and deal with the consequences. That seems to work because the personal consequences of incompetence are severe. Second, the typically American model is to reduce or eliminate speed differential. Highway max & min are often 10 MPH apart. 10 on a base of 65 MPH is 15%. That concept aligns with the US litigation model, which attributes substantial liability. Or, third, simple anarchy, which is everyone from huge trucks all the way to pedestrians sharing the same road, often three or more abreast. Let's stop dreaming. The USA chose door #2 fifty years ago. It mostly works. Now is the time to eliminate the biggest speed differential our roads experience. To refresh grade school math, the increase from the 30 MPH of a moped to 45 MPH of a car on Edg-WT Road is a 50% increase. Would anyone on these threads support a MA policy of 60 MPH for trucks and 90 MPH for cars on the highways? Please be honest. The facts are simple. Speed differentials kill. Incompetent operators kill. Too much weight on one moped exacerbates all of the above. I am saddened to read so much dishonest commentary. The greater common good should far exceed the needs of a handful of business operators who prey on unknowing customers who simply think it will be a summer lark.
The greater common good,
Sara Piazza EdgartownThe greater common good, according to your deduction, would allow and encourage the continuation of the free-for-all that is the summer automobile traffic on the Island - not driving at the theoretical 45mph, but in many cases on the major Island roadways, driving an unfettered 55, 60, 65 mph. Since you mentioned honesty.
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