ISE05/19-20

• In Hong Kong, electric mobility devices ("EMD", comprising e-scooters, e-unicycles, e-bicycles, pedelecs and self-balancing hoverboards) have become increasingly popular for recreational usage and short-distance commuting, as manifested in an upsurge in their retained imports to more than one million units in 2018.^{1Legend symbol denoting While EMD cover a wide range of electricity-driven commuting devices, this issue of Essentials focuses on e-scooters and e-bicycles which form the majority of EMD fleet and are being increasingly adopted for commuting. While e-wheelchairs are classified as "medical devices" and permitted for use in Hong Kong, it will not be discussed in detail.} While EMD could bring convenience to commuters, their reckless usage (e.g. speeding and weaving) could pose safety threats to vehicle drivers, pedestrians and EMD users themselves. In the fourth quarter of 2019, two e-scooter users in Tseung Kwan O and Tai Po died in two separate incidents on bicycle lanes, renewing safety concerns over EMD.^{2Legend symbol denoting On 26 October 2019, an e-scooter user crashed into a bicycle on cycling track in Tseung Kwan O and passed away a few days later. More recently on 2 December 2019, another e-scooter user lost control on a cycling track in Tai Po and died. See明報(2019).} As a matter of fact, Members have discussed regulatory issues of EMD in the Legislative Council on at least four occasions over the past five years.^{3Legend symbol denoting Over the past five years, three Council Questions on electric mobility devices were raised at the Council meetings of 6 May 2015, 9 December 2015 and 30 January 2019 respectively, while Members discussed "exploring the legalization of motor-driven bicycles" in a Members' motion held at the Council meeting of 14 June 2017. See GovHK (2015a, 2015b and 2019).}
• At present, by virtue of the "mechanically propelled" nature, EMD are categorized by the Transport Department ("TD") as "motor vehicles" when used as commuting devices in public space, and hence, are subject to the regulation of the Road Traffic Ordinance (Cap. 374) ("RTO"). In view of heightened risks, TD has not licensed any EMD for public commuting yet. As such, legal usage of EMD is largely confined to "private properties, recreational or sports venues".^{4Legend symbol denoting GovHK (2015b).} That said, TD is now reviewing the EMD regulation in the "Consultancy Study on Enhancing Walkability in Hong Kong", taking account of factors like latest technological advancement and overseas regulatory trend. The study is expected to be completed by mid-2020.^{5Legend symbol denoting The Government indicates that it will consider whether to introduce regulatory scheme and trial scheme for EMD, taking into account the study findings.}
• Global regulators have begun to regulate public usage of EMD recently, including Germany, France and Singapore.^{6Legend symbol denoting In May 2019, e-scooters are permitted for use on roads and bicycle lanes in Germany, subject to a maximum speed of 20 km/h. In October 2019, the French government introduced rules to cap the speed of e-scooter at 25 km/h and ban its usage on pavements.} The regulatory approach in Singaporean seems to be more relevant to Hong Kong because both cities share similar concerns in public transport safety (e.g. higher population density and narrower carriageways/pavements). This issue of Essentials begins with the recent developments of EMD in Hong Kong, followed by a discussion of the regulatory regime in Singapore.

Regulation of electric mobility devices in Hong Kong

• Social benefits and risks of EMD: Innovative EMD could bring benefits to society, as point-to-point travel enhances accessibility of individuals (especially those with walking difficulties). Proliferation of EMD also helps relieve the demand for private cars and public transport in short-distance commuting, resulting in environmental benefits in terms of reduced pollutant emissions. Yet EMD could also become dangerous devices to road users. Taking e-scooter travelling at a speed of 20 km/h as an illustration, it could generate two tonnes of force when user's head hits the ground. Also, a relatively long braking distance (i.e. 1.7-3.2 meters) for e-scooter travelling at such pace could easily knock an adult into the air when collision occurs.^{7Legend symbol denoting Channel News Asia (2019b).} Coupled with product risks emanating from substandard batteries or parts, the apparently harmless EMD could turn out to be lethal devices. As such, more governments have tightened regulations over EMD as public commuting devices, though they try not to go too far to stifle technological innovation.^{8Legend symbol denoting Castro (2019) and Huddleston (2018).}
• Local developments of EMD: Similar to other cities in the world, EMD has gained in popularity in Hong Kong, with their retained imports reaching 1.16 million units in 2018.^{9Legend symbol denoting Retained imports were derived by subtracting the quantities of re-exports from imports. It covers majority of EMD such as hoverboards, e-scooters and motorcycles with electric motor propulsion. See Census and Statistics Department (2019).} While most of EMD are seemingly used for recreational usage at present, it is not uncommon to see their applications as commuting devices on pavements or bicycle lanes. Although TD has not compiled statistics on EMD-related accidents, such mishaps could occur occasionally, as manifested in the deaths of two e-scooter users in the last quarter of 2019.
• Illegal commuting on roads and pavements: TD comes to the view that EMD "are not suitable" for use on local roads and pavements, as they are too narrow and congested.^{10Legend symbol denoting GovHK (2015b).} As such, no EMD has ever been registered and licensed for commuting under RTO. Although illegal usage of EMD for public commuting is liable to prosecution, the Police began to compile such enforcement statistics only in July 2019. As at mid-November 2019, only one enforcement action has been taken against illegal usage of EMD.
• Recreational usage and commuting in private properties only: Against this backdrop, EMD purchased in the local market can only be used in "individual private properties, recreational or sports venues or other non-public places", provided that the users comply with the rules of venues.
• Issues of concern: The community has nevertheless raised a number of concerns over application of EMD in short-distance commuting in recent years. First and foremost, illegal public riding of EMD is not uncommon in Hong Kong and this could pose potential risks to all road users.^{11Legend symbol denoting 東方日報(2018)。} Yet it is difficult for the Police and TD to take enforcement action without proper labelling or registration of such devices. Secondly, there is no third-party insurance coverage for victims involved in traffic accidents caused by the illegal usage of EMD. Thirdly, EMD on sale in the market is not subject to any product safety regulation. For instance, an e-scooter purchased from the Mainland was on fire in November 2015 due to short-circuiting during charging.^{12Legend symbol denoting South China Morning Post (2015).} Fourthly, there are suggestions that the existing legislation (i.e. RTO) is disproportionately stringent towards EMD, with inadequate consideration of their innovative features and contribution to society.^{13Legend symbol denoting 蘋果日報(2018) and 李煥明(2018).} TD responded in January 2019 that it was reviewing the suitability of using EMD for short-distance commuting in Hong Kong in the aforementioned consultancy study scheduled for completion by mid-2020.

Regulation of electric mobility devices in Singapore

• EMD developments in Singapore: With a large population of 5.7 million living in a small territory of just 724 sq km, the urban transport landscape in Singapore is similar to Hong Kong. Nonetheless, the Singaporeans are using EMD more extensively in daily commuting, especially in the first- and last-mile connection to public transportation.^{14Legend symbol denoting Definition of EMD in Singapore is slightly different from that in Hong Kong. For instance, EMD in Singapore also covers motorised wheelchairs.} While about 5% of resident households own EMD in Singapore, some 80 000 people (or 1% of population) actively use e-scooters and other EMD.^{15Legend symbol denoting Department of Statistics (2019) and South China Morning Post (2019).} This results in more EMD-related traffic accidents on public paths in Singapore, surging by 574% from 19 cases in 2015 to 128 cases in 2017.^{16Legend symbol denoting In Singapore, public paths refer to pedestrian-only paths, footpaths and shared paths (e.g. cycling paths and park connectors). See Active Mobility Advisory Panel (2018).} The number of EMD-related fire accidents likewise increased visibly over the same period, up by 227% from 15 to 49 cases.^{17Legend symbol denoting Singapore Civil Defence Force (2019).}
• Dedicated regulatory regime over EMD in Singapore: Unlike Hong Kong and with the vision to build a "car-lite society", the Singaporean government has set up a specific regulatory framework on EMD, separate from that on conventional vehicles. According to a survey conducted in August 2015, 70% of respondents were open to the suggestion of sharing cycling paths with EMD.^{18Legend symbol denoting Besides, 46% of Singaporean respondents were open to the suggestion of sharing footpaths with EMD. See Active Mobility Advisory Panel (2016).} The Active Mobility Act ("the AM Act") was thus enacted in January 2017, providing a statutory framework for regulation of EMD owners, users and retailers in Singapore.
• More stringent regulation after November 2019: Initial regulation of EMD had been rather relaxed when the AM Act came into effect in May 2018, such as allowing public usage of e-scooters on footpaths. However, after a few fatal accidents caused by EMD in the more recent months, the Singaporean government has subsequently conducted a safety review and tightened regulation of EMD since November 2019.^{19Legend symbol denoting For instance, an unregistered and non-compliant e-scooter collided with a 65 years old bicycle user in September 2019, causing the death of the elderly cyclist.} Here is a summary of the statutory measures (which may vary across different items of EMD):
  
  

  (a)	Owner registration: All EMD owners were required to register their devices by designated deadline (i.e. 1 July 2019 for e-scooters), with registration and identification marks affixed on the devices for legalized usage.20Legend symbol denoting E-bicycle should also be registered in Singapore by February 2018, while other EMD without handlebar such as hoverboards and e-unicycles are not subject to registration. While all registered EMD can still be used on permitted public paths (i.e. cycling paths and park connectors) during the one-year transitional period, those failing to meet the statutory specifications to be discussed below are prohibited for use on such public paths after July 2020;
  (b)	Statutory product specifications for EMD on public paths: From July 2020 onwards, registered EMD can continue to be used on aforementioned public paths if they comply with the criteria like (i) maximum weight limit of 20 kg; (ii) maximum speed limit of 25 km/h; (iii) maximum width limit of 70 cm; and (iv) certification to meet fire and electrical safety standard.21Legend symbol denoting E-bicycle should also comply with another Standard namely EN15194 for electric power assisted cycles. It is estimated that as many as at 80 000 or 80% of the existing fleet of registered e-scooters fail to comply with these criteria and will be prohibited on public paths afterwards. In view of strong opposition from EMD owners, an additional financial incentive of S$100 (HK$573) has been lately provided to owners who are willing to dispose of their substandard devices as from September 2019.22Legend symbol denoting As at mid-November 2019, the Singaporean government received over 14 000 applications in total, accounting for 18% of unqualified e-scooters locally. Moreover, the Singaporean government required e-scooter owners to carry out regular inspections biennially from April 2020 onwards, so as to ensure continued compliance to specifications and prevent post-registration modifications;
  (c)	Path restrictions and speed control for users: As from November 2019, e-scooters are prohibited on all footpaths with a total length of 5 500 km across Singapore. Users can only ride their devices along all cycling paths and park connectors in Singapore with a total length of 770 km, subject to a maximum speed of 25 km/h. While e-bicycle users can still use the rest of 3 500 km of roads, this is not so for e-scooters users. Offenders can be fined up to S$2,000 (HK$11,460) and/or jailed up to 3 months, and the maximum penalties will double for repeat offenders;
  (d)	Training and age limit of EMD users: While Singaporean adults and underage users without driving licence or formal training are allowed to ride their registered EMD on public paths now, the Singaporean government introduced a voluntary Safe Riding Programme ("SRP") in February 2018 to educate EMD users and cyclists on road safety practices. As at June 2019, over 57 000 individuals have completed SRP. The Singaporean government has accepted the suggestions of imposing both mandatory theory test and minimum age limit of 16 for all e-scooter users in December 2019 to further enhance road safety;23Legend symbol denoting Those aged below 16 can continue to use EMD on public paths under adult supervision. See Ministry of Transport (2019).
  (e)	Third-party insurance on voluntary basis for owners: At present, compulsory third-party liability insurance applies to those EMD-related businesses (e.g. e-scooter-sharing companies), but not to individual EMD owners.24Legend symbol denoting In the 2016 consultation, the public showed strong opposition against compulsory insurance for individuals because the premium (ranging from S$65-96 or HK$370-550 annually) would impose additional cost burden on EMD adoption. See Active Mobility Advisory Panel (2016) and Channel News Asia (2019a). Yet the Singaporean government plans to "move towards mandatory insurance" for all e-scooter owners when more affordable and comprehensive insurance products are available; and
  (f)	Responsibility of EMD retailers: From July 2019 onwards, retailers are prohibited to sell non-compliant EMD or provide illegal modification services to customers.25Legend symbol denoting So far, all EMD-related fire incidents have involved non-certified devices. Retailers breaching the rule are liable to a fine of up to S$5,000 (HK$28,650) and a jail term of up to three months. The Singaporean government is also studying the proposal of restricting imports of unqualified EMD at source.

• Policy effectiveness: As the AM Act has come into effect for just about a year, it seems to be too early to evaluate its policy effectiveness. Some positive signs nevertheless emerge. For instance, the number of reported EMD-related accidents has declined by 22% from 128 in 2017 to 100 in 2018. While the number of fire incidents involving e-scooters and e-bicycles kept rising from 49 in 2017 to 74 in 2018, this is largely because the existing stock of devices failing to meet the statutory requirement are still in use during the transition period. Improvement is expected once such non-compliance devices are banned from use by July 2020. Reportedly, the sales of EMD also plunged significantly following the ban of e-scooter on footpaths in November 2019.^{26Legend symbol denoting TODAY (2019).}

Prepared by Sunny LAM
Research Office
Information Services Division
Legislative Council Secretariat
30 December 2019