Cambridge Finds Legal Authority to Regulate E-Bikes Unclear Across Key Path Categories

CAMBRIDGE -- June 25, 2024, Cambridge's Transportation and Public Utilities Committee heard two hours of legal and policy analysis on micromobility regulation Tuesday but took no formal action, concluding the city's authority to restrict e-bikes and scooters is legally uncertain in several key areas. Transportation Commissioner Brooke McKenna and Assistant City Solicitor Evan Bjorklund told the five-member committee that a 2004 motorized scooter law and a 2022 electric bicycle law use conflicting definitions of bicycle lanes, creating contradictions that could expose any city rules to preemption challenges from the state. Bjorklund said e-skateboards and similar devices lack any definition in state law, making municipal action on them especially difficult to defend. Committee Chair Councilor Pickett framed the session as fact-finding, saying, "We need to be clear that if we are going to do anything, that we could do anything legally." Twenty residents had signed up to comment, though a Zoom failure prevented most from connecting; those who did reach the committee urged infrastructure investment over new device restrictions.