New ordinance regulates e-scooters

E-scooters on Arlington Boulevard in Seven Corners.

The Fairfax County Board of Supervisors approved a Shared Mobility Device (SMD) ordinance on Nov. 19 that will govern devices such as app-based e-scooters. The ordinance takes effect Jan. 1.

In February, the Virginia General Assembly passed a law giving local governments authority to establish regulations or a pilot program for SMDs.

Under the Fairfax County ordinance, SMD for-hire companies will be required to maintain certain fleet sizes. Under an initial permit, an operator could have a maximum fleet of 300 devices. An operator could later apply for a permit for up to 600 SMDs, based on usage.

The Department of Cable and Consumer Services will regulate the permit process for SMD operators.

E-scooters can be used on roadways, highways, sidewalks, and shared-use paths. Their speed cannot exceed 10 miles per hour.

When riders reach their destination, they should leave the device parked in an area that does not impede normal car or foot traffic. If residents notice an e-scooter parked in an inappropriate place or left on private property, they can contact the device operator listed on the e-scooter and the operator must remove it.

SMD operators are required to monitor rides that terminate within Fairfax County and collect the devices within 12 hours. SMDs not collected within 12 hours will be deemed abandoned property and disposed of by the county.

Operators must pay a $100 application processing fee, a $1,000 annual operator’s permit, and an annual fee of $28 per SMD.

The BoS directed county staff to create a process for complaints – coordinated with bordering jurisdictions – related to the improper use or abandonment of e-scooters and other SMDs. A summary of complaints received during 2020 must be presented to the board in early 2021.