Item - 2021.IE26.12

The Infrastructure and Environment Committee recommends that:

1. City Council prohibit the use of automated micro-utility devices on sidewalks and cycle tracks, prohibit the parking, storing, or leaving of automated micro-utility devices on highways or sidewalks, and prohibit the stopping of automated micro-utility devices in a cycle track.

2. City Council amend City of Toronto Municipal Code Chapter 886, Footpaths, Pedestrian Ways, Bicycle Paths, Bicycle Lanes and Cycle Tracks, as follows:

 a. to insert in Section 886-1B in alphabetical order a new definition of micro-utility device as follows:

"i.  MICRO-UTILITY DEVICE   - Any device that:

1. operates using any kind of power other than solely muscular power;

2. is automated or remotely controlled;

3. transports itself and/or conducts tasks including transporting goods or cargo, but not passengers.";

b. to insert a new Section C in Section 886-15 as follows:

"i. despite anything in this chapter to the contrary, no person shall operate or stop a micro-utility device in a cycle track."

2. City Council amend City of Toronto Municipal Code Chapter 950, Traffic and Parking, as follows:

a. to insert in Section 950-101B in alphabetical order a new definition of micro-utility device as follows:

 "i.  MICRO-UTILITY DEVICE   - Any device that:

1. operates using any kind of power other than solely muscular power;

2. is automated or remotely controlled;

3. transports itself and/or conducts tasks including transporting goods or cargo, but not passengers.";

b. to insert a new Section 950-203 as follows:

"i.  Section 950-203.  Regulation for Micro-Utility Device.

ii. No person shall operate a micro-utility device on a sidewalk.

iii.  No person shall park, store or leave a micro-utility device on a highway or sidewalk."

4. City Council establish new offences and establish new associated penalties and amend City of Toronto Municipal Code Chapter 610, Penalties, Administration of, as follows:

a. addition to Schedule A, Table 4: Chapter 886, Footpaths, Pedestrian Ways, Bicycle Paths, Bicycle Lanes and Cycle Tracks, which is commensurate with the fine amount for Section 886-15B stopping a vehicle other than a bicycle in a cycle track:

b. addition to Schedule A, Table 10: Chapter 950, Traffic and Parking, which is commensurate with the fine amount for Section 950-400B(1) stopping a vehicle on/over a sidewalk/footpath:

5. City Council authorize the City Solicitor to introduce the necessary bills to give effect to City Council's decision and City Council authorize the City Solicitor to make any necessary clarifications, refinements, minor modifications, technical amendments, or by-law amendments as may be identified by the City Solicitor or General Manager, Transportation Services, in order to give effect to Parts 1 to 3, inclusive, above and the reasonable operation of the prohibitions against micro-utility devices.

An introduction to automated micro-utility devices will be presented by Ryan Lanyon, Manager, Strategic Policy and Innovation, Transportation Services, including a proposed provincial pilot project to test such devices off-road on sidewalks, paths or trails.

On September 29, 2021, the Ministry of Transportation posted a proposal on automated micro-utility devices soliciting feedback by November 15, 2021, on a regulatory framework for a provincial pilot project under the Highway Traffic Act. This pilot would allow remote-controlled micro-utility devices, including automated personal delivery devices, for use primarily off-road in places such as sidewalks in Ontario municipalities. This proposal broadly covers devices that will not be defined as a motor vehicle in Ontario, are task-oriented, and operated to primarily provide services such as the delivery of goods and not passengers, and for operation primarily off-road on sidewalks. In addition, Ministry of Transportation has proposed the following for the device/vehicle:

- No height limit, a 125 kilogram maximum weight, and a 74 centimetre maximum width for all micro-utility devices, except automated snow plows which have no proposed weight and dimension restrictions;

- A 10 kilometre per hour maximum speed on sidewalks and a 20 kilometre per hour maximum speed on shoulders of roads or bike lanes;

- A municipal opt-in and collision reporting regime, with authority to set by-laws and limit operations;

- Mandatory operator oversight, capable of creating a safe stop;

- Mandatory audible signals to alert those nearby;

- A requirement for reflectors and lights, with lights to be lit if operated between sunset and sunrise;

- A requirement for micro-utility devices to be equipped with brakes;

- Prohibiting the carrying of controlled substances and dangerous goods that require a federal placard;

- General liability insurance, good working order, and secured loads requirements;
- A requirement to yield to pedestrians (no details on how);

- requirement for an operator name, contact, and unique device number to be displayed on the exterior of the micro-utility devices.

Transportation staff are reviewing this issue and have submitted comments to the Province after receiving feedback from the Toronto Accessibility Advisory Committee at its meeting on November 15, 2021. Members of Toronto Accessibility Advisory Committee , as well as deputants, shared their lived experiences and pressed that it is our responsibility as a municipality under the Accessibility for Ontarians with Disabilities Act that we work to remove barriers faced by people living with disabilities. This pilot would be yet another dangerous hazard in the public realm for anyone with low mobility, low vision, or using a mobility device as well as children and senior residents.  Toronto Accessibility Advisory Committee unanimously adopted a motion recommending that City Council prohibit the use of, and parking, storing or leaving of micro-utility devices on sidewalks and cycle tracks. Such devices are already prohibited on footpaths, pedestrian ways, and bike lanes, and similar clarity is required for sidewalks and cycle tracks.

It is critical that the City of Toronto develop the necessary policies and clarity to ensure the prohibition and enforcement of automated micro-utility devices, reinforcing the City’s commitment to accessibility and Vision Zero Road Safety.