[chipotle_coyote]

Even if Skip made 4.0 in labor, sustainability, and safety -- and the chances are they would not have done that, given that nobody else got higher than 3.5 in the first two of those categories -- they'd have come in just over 70, and still have missed the cut. So the parent poster is absolutely right.

As to the second question, despite being pretty pro-regulation myself, I don't know whether the artificial limit is really worth imposing at this point. A year and a half ago, I would have said maybe it was, based on the way scooters had become a borderline menace in San Jose -- but there don't seem to be nearly as many of them now, I suspect in part because the novelty has worn out and in part because, as someone else noted in this comment section, the prices have substantially jumped compared not just to the $2-for-30-minutes rental bikes (when they're available, granted) but to Uber/Lyft.