Comments on Weekend links: Development delays - Greater Greater Washington

Comment by MrTinDC

Mon, 16 Apr 2012 09:48:46 EDT

Those proposed pedicab regulations sure sound burdensome and unnecessarily complex to me, too. Every ounce of weight you add to those human-powered vehicles will discourage their use. A flashing, battery-powered clip on light would be a good thing for night operation, that's all I really see the need for.

Comment by Tina

Sun, 15 Apr 2012 22:07:16 EDT

...pedicabs are an innovative answer to the problems of poor air quality and oil dependency.

And an innovative answer to the need for transportation around the mall

Comment by Falls Church

Sun, 15 Apr 2012 14:52:18 EDT

I meant no evidence that pedicabs are under regulated.

Comment by Falls Church

Sun, 15 Apr 2012 14:49:58 EDT

Like most things, regulations are a complex topic and can't simply be evaluated using blanket ideological stances. That is, regulations are neither inherently good or bad. Rather carefully crafted, well thought out, and coordinated regulations are good and hastily scraped together regulations that are overly prescriptive for emerging technologies or practices (which would include pedicabs) are bad. Yes, there should be some form of regulation and DC has that covered with their own set of pedicab regulations. Adding another layer of uncoordinated regulation at the national level is entirely unnecessary and is an example of bad regulation.

Also, it would not be possible to sue DC or NPS for lack of pedicab seat belt laws just as it's not possible to sue New Hampshire for its lack of auto seat belt laws. Realistically, pedicab passengers aren't going to wear seat belts and holding the pedicab operator responsible is just an excuse to be able to fine and possibly arrest (and possibly taser) pedicab drivers. Same goes for exacting dimensions for reflective tape, an SMV emblem, and carrying the book of rules at all times (typical "show me your papers" govt overreach).

Itse also worth pointing out that NPS is requiring a $100 application fee for obtaining a pedicab license which is just another burden and cost on small businesses that don't make much money but have many positive externalities. Sure, we have $100M subsidies for corporate solar companies but we have to charge pedicabs $100 for little quantifiable benefit.

And I'll reiterate, DC already has pedicab regulations and there's no evidence indicating that pedicabs are over regulated (rather, all the evidence is that NPS is over zealous in enforcing existing rules).

Comment by MM

Sun, 15 Apr 2012 02:12:09 EDT

While I don't doubt that some of the regulations on the pedicabs are due to the NPS wanting to discourage their use, the fact of the matter is that it's a service business in which customer safety is a concern, so yes, regulation generally is a good thing. I mean, we don't mind that restaurants have to keep food at a certain temperature or that taxis (ostensibly) have to be well maintained, so making pedicabs have various safety enhancements seems sensible enough, even if they seem arbitrary.

I do wonder if some of that is also meant to reduce NPS' potential liability in case of an accident...like if seatbelts aren't required and a customer gets injured, maybe they could sue the pedicab and the NPS for lack of safety regs. Seems ridiculous, but we love to be litigious, don't we?

The other restrictions, like pickup restrictions and the like seem overbearing though...

Comment by Falls Church

Sat, 14 Apr 2012 17:27:29 EDT

@ Lance

1) It should be up to the passengers whether they wear seat belts

2) Why a head lamp (which btw, must project light to 300 feet)? Why not a clip on light? Why are the regulations so prescriptive as to exactly what methods (and how those methods are applied -- e.g., going as far as to specificy the dimensions of reflective tape that must be used) pedicab operators should use to ensure they are visible?

3) Turn lights? Why can't they signal by hand like every other biker?

4) SMV emblem? Is it not totally obvious that pedicabs move more slowly than cars?

Finally, DC already has pedicab regulations. NPS is just adding an additional (and unnecessary and redundant) set of regulations that are overlapping and not coordinated with DC. Why isn't there just one uniform set of regulations? This is in direct violation of Obama's Executive Order 13563 -- Improving Regulation and Regulatory Review. It states:

Integration and Innovation. Some sectors and industries face a significant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping. Greater coordination across agencies could reduce these requirements, thus reducing costs and simplifying and harmonizing rules. In developing regulatory actions and identifying appropriate approaches, each agency shall attempt to promote such coordination, simplification, and harmonization. Each agency shall also seek to identify, as appropriate, means to achieve regulatory goals that are designed to promote innovation.

The NPS regulations stifle innovation rather than promote it as pedicabs are an innovative answer to the problems of poor air quality and oil dependency.

Finally, are these regulations meant to address an immediate and pressing safety concern? If there's been a rash of pedicab accidents/injuries, I certainly haven't heard about them.

Comment by Lance

Sat, 14 Apr 2012 17:02:35 EDT

@Falls Church "This is a classic case of government regulation run amuck, hurting small businesses."

Specifically, what about these regs do you find unreasonable? Just wondering cause just about everything you mentioned (except carrying the rules) are things I'd ALREADY be expecting these carriers to be doing out of common sense .... Is there anything really new in these regs?

Comment by Falls Church

Sat, 14 Apr 2012 15:57:35 EDT

Pedicabs will not, under these rules, be allowed on National Mall sidewalks or be allowed to park in parking meter zones, residential permit parking zones, valet parking zones, bus zones, taxicab zones, and sightseeing zones. Passengers need to be seated and wear seatbelts. Operators, get a battery-operated head lamp now if you don't have one already. Oh, and make sure you have a government-issued photo ID, too, because you'll need one. And turn lights. And reflectors for your wheel spokes. And reflective tape for the sides of your pedicab and "a triangle shaped Slow Moving Vehicle (SMV) emblem." And operators will ostensibly need to carry a copy of these Commercial Use Authorization rules with them at all times.

This is a classic case of government regulation run amuck, hurting small businesses.