Oak Bluffs selectmen slammed the Cape and Islands state legislative delegation Tuesday over a long-stalled home rule petition to ban rental mopeds in town.
Oak Bluffs selectmen slammed the Cape and Islands state legislative delegation Tuesday over a long-stalled home rule petition to ban rental mopeds in town, venting frustration and pinning the bill’s failure on a lack of effort from representatives on Beacon Hill.
The recent death of a 20-year-old woman from West Brookfield on South Road in Chilmark near the site of a similar, fatal moped accident in 2014, has renewed vigorous Island interest in the home-rule petition. The petition passed at Oak Bluffs town meeting in 2018 but later died in committee at the state house.
A transportation committee hearing was held on the home-rule petition in 2019, during which the only testimony came from owners of Island moped rental companies, who provided impassioned statements opposing the bill. No one spoke in favor of the bill, and the town of Oak Bluffs provided only written testimony in support.
Speaking to the Gazette by phone Tuesday State Sen. Julian Cyr confirmed that the bill had died in committee, and was not renewed through a formal request by the town during the recent legislative session. A spokesman for Rep. Dylan Fernandes declined further comment, but said Mr. Fernandes remains available to answer questions about the issue.
But at their meeting Tuesday, the select board, prompted by the recent fatal accident in Chilmark, pointed fingers at the legislative delegation and said they were already working on a plan to renew the home rule petition, hoping to put it on the warrant for an upcoming November special town meeting.
Tim Rich, the former Chilmark police chief and chairman of an Island moped action committee, attended the meeting and spoke. Mr. Rich has been a fierce advocate in the fight to ban rental mopeds since his son was involved as a vehicle driver in the fatal 2014 accident on South Road.
On Tuesday Mr. Rich had harsh words for Senator Cyr and Rep. Dylan Fernandes, saying he had been fighting for the bill for decades and hadn’t seen results because of a lack of political will at the state house.
“They did not put any heart or soul into passing this,” Mr. Rich said. “This is such a . . . menace to public safety, that’s been vetted and revisited, so many times, yet we’re back discussing it again, since the 1980s.”
Agreeing strongly with Mr. Rich, select board members lambasted Mr. Cyr and Mr. Fernandes over the home rule petition’s failure.
“This falls on our legislature,” selectman Brian Packish said. “I find their actions and the energy they’ve dedicated to this to be dismal and disappointing.”
Board members Jason Balboni and Ryan Ruley joined choir, with Mr. Ruley suggesting that the town write a letter, inviting Mr. Cyr and Mr. Fernandes to the November town meeting for the purpose of public accountability.
“They can’t get off this easy,” Mr. Ruley said. “They didn’t even start the conversation on the state level, it never even was advanced or even talked about.”
Select board member Gail Barmakian echoed concerns about the bill’s failure on Beacon Hill, but noted that the legislative issue was slightly more complicated, suggesting that it would take more than the support of Mr. Cyr and Mr. Fernandes to get the home rule petition passed.
“This is a tough thing to pass at the state level,” she said. “And to think that two people are going to shove this through, I think is unrealistic. So I think additional work needs to be done, possibly at the state level, and maybe get other towns on the Island onboard.”
In a brief interview Wednesday, Mr. Cyr said he was prepared to partner with the town and support moped legislation at the state level, but that it would take significant legwork to pass the bill. He said formal support from the five other Island towns would help.
“We’re glad to work on this, as we work on any home-rule petition, but the town has to meet us halfway and they need to do some legwork, and it hasn’t been done,” Mr. Cyr said. “I’m afraid that certain members of the select board are naive as to the legislative process, and would benefit from having a productive relationship with the legislative delegation.”
There are four moped rental companies on the Island; three operate in downtown Oak Bluffs and a fourth operates on Beach Road in Vineyard Haven. As of 2019, the companies held 178 moped rental licenses, according to numbers provided by the town of Oak Bluffs.
Because the legislation concerns Chapter 90 of state general laws, the moped rental ban had difficulty finding traction at the state house, with some legislators concerned that the home rule petition would set a precedent for local governments to regulate transportation — a sector that normally falls under the state’s purview. Mr. Cyr said it is far more complicated to pass home rule petitions that involve state law precedents.
“We stand ready to file the home rule petition once the town sends it to us,” Mr. Cyr said. “But . . . this is not an uncomplicated issue, particularly given the constraints around Chapter 90.”
While Mr. Packish acknowledged that passage of moped legislation would be an uphill battle during Tuesday’s meeting, he said it was one worth the fight.
“I agree, it’s a nearly insurmountable task,” Mr. Packish said. “But at the end of the day, I’m not quite willing to let them off the hook, because if that was their greatest attempt, then maybe they should move on to different seats, somewhere else.”

Comments
Packish has it right. Cyr
T Bone Oak BluffsPackish has it right. Cyr and Fernandes have done little for our island. Cyr's contempt for our Selectmen should be remembered at re-election time.
Instead of this approach try
R Scott Patterson EdgartownInstead of this approach try requiring mopeds/scooters under 50cc to have a motorcycle license. This would end the moped rental business instantly.
This is the most logical
John Cape CodThis is the most logical approach to this issue as anyone operating a motorized method of transportation should be licensed which would require an age limit to operate, proper training / certification and be insured. This would cover this whole issue not only on the Vineyard, but Statewide. It's ridiculous that just about anyone can walk up and rent a moped with little to no training, pay a fee and off they go ! Licensing is the way to go on this issue.
Does mr packish understand
Rick Oak bluffsDoes mr packish understand the amount of work that goes into any piece of legislation passing? Senator Cyr and Representative Fernandes are truly the hardest working advocates for our island on beacon hill and for the town to pass the blame on to them speaks volumes to their lack of knowledge or understanding of how this process works. Mr packish has a long way to go and it starts by looking inward on how he can improve his understanding on both race relations and how he recently spoke negatively around a certain event and this item as well.
Rick, remind me of one or two
Schools Out TisburyRick, remind me of one or two significant things those "hardest working advocates" have done for our island. Cyr and Fernandes cater to the Cape voters, and give us lip service.
Thanks, Rick, for injecting
Susanna J. Sturgis West TisburyThanks, Rick, for injecting some reality into the discussion. Some of the commenters don't seem to have noticed that we've been dealing with a pandemic for the last 18 months and the legislature, along with just about every state agency, have had their hands more than full. As to the rest -- well, MVRHS has instituted a multi-disciplinary civics course. It will include how government works and how to go about influencing it. The course will be required for seniors, but maybe the high school could open it to adults who either never had civics in school or have forgotten what they learned there? Hey, it could even be required for elected officials!
Bigger fish to fry. Athletic
George Stein Oak BluffsBigger fish to fry. Athletic fields are danced around politically for how many years ? Academic facilities in disrepair . Waste water plant beyond capacity ignored. How about to rent a moped you need to purchase extensive insurance ? Answers not diversions please. All these incidents come back to lack of responsibility of driver not the business owner.
any legislation or ordinance
Tom NYany legislation or ordinance that ends or limits moped rentals better cover the souped up electric bikes that will immediately replace them.
Another uneducated voice
Local MVYAnother uneducated voice weighing in on threats they know nothing about yet feel compelled to express as facts. Electric bikes are already regulated by Federal and State laws at the manufacturer as well as rider level regarding power and power application, accessibility to trails, require speed and power caps governing that power and aren’t any faster or more powerful than a normal bike. Where they differ is the amount of effort the rider has to exert. Period. They can also go on bike paths; mopeds cannot. Let’s not obfuscate the decades long issues with mopeds by throwing out criticism one seems to know nothing about on something that may be a solution.
https://en.m.wikipedia.org/wiki/Electric_bicycle_laws
Current E-Bike Law in
Tom NYCurrent E-Bike Law in Massachusetts
Under Massachusetts state law, there is no designation with which to regulate e-bikes, however a “motorized bicycle” is defined as having a helper motor with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour. Motorized bicycle riders must be licensed, and are prohibited from off-street pathways.
There is no similar designation for e-bike riders, leaving ambiguity in where electric bicycles should be ridden on paths, trails, and sidewalks.
Why don’ t we just get our
Otto West TisburyWhy don’ t we just get our Attorney General Maura Healy to make up a law? She did it with gun laws. The chance of getting anything through the State House without massive bribes I mean contributions is nil. “Nothing’s on the level, everything’s a deal, no deal is too small”. Our State House is as transparent and clean as the sludge that flooded Five Corners last week.
Didn't know the state has to
JayEff EdgartownDidn't know the state has to pass something. Why? Towns and/or the county should be able to make policy that affects safety. If we're stuck with the legislature doing this, it won't happen. Best bet is for the towns to temporarily halt moped use on the town streets, pending a legislation by the state. We can do that, can't we? If Edgartown can put up a stop sign -- in the interest of safety -- why can't a town put a "hold" on moped rentals -- in the interest of safety?
Nope, local towns can’t pass
Jared N Boston / ChappyNope, local towns can’t pass laws that conflict with state laws unless the state legislature passes a home rule petition. No, towns can’t temporarily halt moped on town roads — there are state laws that govern the use of vehicles on public roads.
Locating a stop sign on a town road is entirely different from deciding which vehicles can or can not use public roads.
You get what you elect. What
Lifesaver SandwichYou get what you elect. What these elected officials are really saying is you need a lobbyist. That will take massive amounts of cash, required to grease the skids.
What it actually takes is a
Susanna J. Sturgis West TisburyWhat it actually takes is a massive amount of time and effort: tracking bills, mobilizing supporters, showing up at hearings and on lobby days, contacting the chair(s) of whatever committee your bill gets sent to, etc. Blowing off steam at select board meetings and complaining on social media or in newspaper comment sections doesn't accomplish much.
To quote the Who: "Meet the
Ken Rusczyk Oak BluffsTo quote the Who: "Meet the new Boss,..... same as the old boss!"
It shouldn't be overlooked
Rick Estabrook West TisburyIt shouldn't be overlooked that no one from the anti-moped side showed up at the hearing.
Rep Fernandes and Sen Cyr are
DownislanderRep Fernandes and Sen Cyr are correct. It was the Town’s responsibility to follow up with renewing the home rule petition. They cannot simply write new laws and get them passed. Its an arduous and lengthy and opaque process. But dont try to explain that to the great legal minds of the MV Times comments section.
They don’t know what they are
MarieThey don’t know what they are doing.
I saw a moped today (9/18) riding on the bike path on Main Street in Edgartown neat Dairy Queen. The guy looked happy driving down the path. Probably felt safe On the path because the road is narrow and has no shoulder. He had no clue.
Setting the record straight,
Timothy Rich ChilmarkSetting the record straight,
I was contacted on a Friday afternoon by Fernandes that the Hearing for the moped home rule petition was the following Monday at 9:30 at the state house. I was camping in Arizona and spoke to Representative Fernanades on the phone several times about the hearing and my plans to attend. I told him I was in the process of changing my plane tickets in order to return home to testify at the hearing, which I / we have been waiting months for to find out the date as a lot of supporters were prepared and waiting to offer testimony. I also expressed my concern / suspicions about the short notice and timing given for the hearing, on a Friday afternoon for a 9:30 am Monday morning?
Representative Fernandes insisted, in no uncertain terms, repeatedly, , that it was absolutely not necessary for me to cut short my trip and physical return to testify in person as this was a "routine " hearing and he would read my written testimony into the record.
I repeatedly questioned him if the committee hearing the petition would give the same weight to written vs in person testimony,
He once again assured it was fine, and he would take care of it.
The rest is history
I am not surprised that Representative Fernandes " declined further comment " about this.
To: The residents of MV...who
Heidi Murray West BrookfieldTo: The residents of MV...who did what and who didn't should not be the question - the question should be what is going to be done now that you have another moped fatality on your hands?
From: The grieving mother of Hannah Iozzo -
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