Oak Bluffs is considering changes to the town’s bylaws that could limit rental mopeds to only one rider.

The select board held a public hearing last week to take in feedback as it finalizes potential bylaw amendments to bring to a fall town meeting. The idea to limit rental mopeds to only one person was raised by select board member Tom Hallahan earlier this year, and seemed to draw favor with the board. 

Citing research from Wisconsin and parts of Europe, he said that the risk factor is lowered when there is only one rider.

“There’s a higher potential risk factor for two seat mopeds,” Mr. Hallahan said at the meeting. “There’s a heavier load. You have the influence of passenger behavior, particularly if it’s a less experienced or uncooperative passenger, it can destabilize the moped causing an accident or making an accident worse.”

Keeping riders and others on the road safe was paramount to the board, according to select board chair Dion Alley. 

“We’ve got to find ways to make it safer,” he said when opening the public hearing. “You can’t change the laws of Massachusetts, so we can’t say you can’t drive on this road, you can’t do this, you can’t do that. There are only certain things that the town can and can’t do. The town can say one rider. We believe that that’s something that the town is allowed to make that modification.” 

The board presented a completed draft of the bylaw prior to the public hearing and was looking for public input on the language itself.

Rental mopeds have been a contentious topic on the Island for years after multiple injuries and casualties involving riders. A Florida woman died on vacation last year after the moped she was on collided with an oncoming vehicle, and a New Hampshire woman lost one of her legs in a crash in 2016.

In the wake of the latter incident, a petition to ask the state to require motorcycle licenses for moped riders was signed by over 700 people and Oak Bluffs has filed several home rule petitions asking the legislature to allow rentals to be banned.  

Earlier this year, state Rep. Thomas Moakley filed a bill that would require moped operators to have a motorcycle license, which would likely drastically cut the number of people who rent them.  

Todd Rebello, a former select board member who spoke on behalf of moped rental companies, argued that restricting the mopeds to be operated by a single rider will put more mopeds on the roads, leading to a higher chance of accidents. 

He reasoned the people who would normally be on the back of the moped would now be behind the steering wheel on their own. 

“That will appear to bring down the numbers of mopeds, but this action is going to put three times as many mopeds on the road per day than there are now, I guarantee it,” he said. 

Edgartown resident Nicole Brisson, who started the petition in 2016 and has been active with the Mopeds are Dangerous Action Committee, vehemently disagreed with Mr. Rebello and commended the town for considering the bylaw change.  

“I completely respect and honor somebody’s right as a business person that can continue their business, but if you have a business that affects the entire Island, the way this does when there is an accident...they’re not equal,” she added.

The board is also considering capping the total number of rental mopeds in town at 100, and limiting the number of rental businesses to two.   

Tim Rich, the former Chilmark police chief who is an advocate for banning mopeds, brought up some concerns and suggestions about liability insurance and ensuring that moped companies submit thorough paperwork in their applications.

“What is the town’s actual liability allowing remedial training on public and town roads, a training session to decide if someone is safe to actually take that moped and rent it for the remainder of the day?” Mr. Rich asked.

Mr. Rebello requested to speak with the town on behalf of moped rental companies ahead of the special town meeting scheduled for Nov. 4, where any bylaw change would have to be put forth to the town. Mr. Hallahan and fellow select board member Mark Leonard agreed to informally meet with Mr. Rebello and other relevant parties to discuss other possible options.  

“We have time and we can do two things at once,” Mr. Hallahan said. “We can move ahead with this [bylaw] because we feel this is the best thing to do for the public in regards to safety and that gives us time to look at other alternatives.”