2022 -- H 7839 SUBSTITUTE A | |
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LC005024/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- REGULATION OF ELECTRIC | |
BICYCLES | |
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Introduced By: Representatives Kislak, Baginski, Ajello, Speakman, McGaw, Potter, and | |
Date Introduced: March 04, 2022 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 19.6 |
4 | REGULATION OF ELECTRIC BICYCLES |
5 | 31-19.6-1. Regulation. |
6 | Electric bicycles are to be regulated like bicycles. The same rules of the road apply to both |
7 | electric bicycles and human-powered bicycles pursuant to the provisions of this title. |
8 | 31-19.6-2. Exemptions from regulation. |
9 | An electric bicycle or a person operating an electric bicycle is not subject to the provisions |
10 | of this title applicable to motor vehicles, including, but not limited to, registration, certificates of |
11 | title, operators' licenses, financial responsibility, recreational vehicles, motor vehicle dealers, or |
12 | commercial motor vehicles. |
13 | 31-19.6-3. Classes. |
14 | There shall be three (3) classes of electric bicycles: |
15 | (1) Class 1: Bicycle equipped with an electric motor that provides assistance only when the |
16 | rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty |
17 | miles per hour (20 mph). |
18 | (2) Class 2: Bicycle equipped with a throttle-actuated electric motor that ceases to provide |
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1 | assistance when the electric bicycle reaches twenty miles per hour (20 mph). |
2 | (3) Class 3: Bicycle equipped with an electric motor that provides assistance only when the |
3 | rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty- |
4 | eight miles per hour (28 mph). |
5 | 31-19.6-4. Helmets required - Age of operators. |
6 | (a) Helmets, as defined in ยง 31-19-2.1, are required for riders fifteen (15) years of age or |
7 | younger for all three (3) classes of electric bicycles and for all riders of Class 3 electric bicycles. |
8 | (b) Persons under sixteen (16) years of age may not ride a Class 3 electric bicycle, unless |
9 | as a passenger. |
10 | 31-19.6-5. Speedometer. |
11 | All Class 3 electric bicycles shall be equipped with a speedometer that is capable of |
12 | displaying the speed the electric bicycle is traveling in miles per hour. |
13 | 31-19.6-6. Municipal regulations. |
14 | (a) Local governments shall not restrict the use of electric bicycles except to regulate the |
15 | speed they may travel or in order to comply with other laws or legal obligations. |
16 | (b) A person shall not operate a Class 3 electric bicycle on a bicycle lane or multi-use path |
17 | in excess of the posted or applicable speed limit, or if there is no posted or applicable speed limit, |
18 | twenty miles per hour (20 mph). |
19 | 31-19.6-7. Labels on electronic bicycles. |
20 | On or after January 1, 2023, manufacturers and distributors of electric bicycles shall apply |
21 | a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall |
22 | contain the classification number, top assisted speed, and motor wattage of the electric bicycle and |
23 | shall be printed in Arial font in at least nine (9) point type. |
24 | 31-19.6-8. Consumer protection. |
25 | An electric bicycle shall comply with the equipment and manufacturing requirements for |
26 | bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Part 1512). |
27 | SECTION 2. Section 31-1-3 of the General Laws in Chapter 31-1 entitled "Definitions and |
28 | General Code Provisions" is hereby amended to read as follows: |
29 | 31-1-3. Types of vehicles. |
30 | (a)(1) "Antique motor car" means any motor vehicle that is more than twenty-five (25) |
31 | years old. Unless fully inspected and meeting inspection requirements, the vehicle may be |
32 | maintained solely for use in exhibitions, club activities, parades, and other functions of public |
33 | interest. The vehicle may also be used for limited enjoyment and purposes other than the previously |
34 | mentioned activities, but may not be used primarily for the transportation of passengers or goods |
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1 | over any public highway. |
2 | (2) After the vehicle has met the requirements of state inspection, a registration plate may |
3 | be issued to it on payment of the standard fee. The vehicle may be operated on the highways of this |
4 | and other states, and may, in addition to the registration plate, retain the designation "antique" and |
5 | display an "antique plate." |
6 | (3) For any vehicle that is more than twenty-five (25) years old, the division of motor |
7 | vehicles may also issue or approve, subject to rules and regulations that may be promulgated by |
8 | the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate |
9 | designating the exact year of manufacture of the vehicle. The year of manufacture plate, as |
10 | authorized by this subsection, need only be attached to the rear of the vehicle. |
11 | (b)(1) "Antique motorcycle" means any motorcycle that is more than twenty-five (25) years |
12 | old. Unless fully inspected and meeting inspection requirements, the vehicle shall be maintained |
13 | solely for use in exhibitions, club activities, parades, and other functions of public interest. The |
14 | vehicle may also be used for limited enjoyment and purposes other than the previously mentioned |
15 | activities, but may not be used primarily for the transportation of passengers or goods over any |
16 | public highway; and |
17 | (2) After the vehicle has met the requirements of state inspection, a registration plate may |
18 | be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways |
19 | of this and other states, and may, in addition to the registration plate, retain the designation |
20 | "antique" and display an "antique plate." |
21 | (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol); |
22 | police vehicles; vehicles of the department of corrections while in the performance of official |
23 | duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of |
24 | municipal departments or public service corporations designated or authorized by the administrator |
25 | as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer |
26 | firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as |
27 | authorized by the department chief or commander and permitted by the Rhode Island Association |
28 | of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer |
29 | Warning Light Permits. |
30 | (d) "Automobile" means, for registration purposes, every motor vehicle carrying |
31 | passengers other than for hire. |
32 | (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and |
33 | similar devices, propelled exclusively by human power, and upon which a person may ride. |
34 | (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the |
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1 | manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living |
2 | quarters for recreation that has either its own motor power or is mounted on, or towed by, another |
3 | vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers, and |
4 | pick-up campers. |
5 | (g) "Electric motorized bicycle" means a motorized bicycle that may be propelled by |
6 | human power or electric motor power, or by both, with an electric motor rated not more than two |
7 | (2) (S.A.E.) horsepower, that is capable of a maximum speed of not more than twenty-five (25) |
8 | twenty-eight (28) miles per hour. |
9 | (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non- |
10 | tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion |
11 | system that limits the maximum speed of the device to fifteen (15) miles per hour. |
12 | (i) "Fifth-wheel trailer": A towable recreational vehicle, not exceeding four hundred (400) |
13 | square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism |
14 | that is mounted above or forward of the tow vehicle's rear axle and that is eligible to be registered |
15 | for highway use. |
16 | (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse |
17 | shall be considered an automobile for registration purposes. |
18 | (k) "Jitney or bus" means: (1) A "public bus" that includes every motor vehicle, trailer, |
19 | semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers |
20 | for hire, and operated wholly or in part upon any street or highway as a means of transportation |
21 | similar to that afforded by a street railway company, by indiscriminately receiving or discharging |
22 | passengers, or running on a regular route or over any portion of one, or between fixed termini; or |
23 | (2) A "private bus" that includes every motor vehicle other than a public bus or passenger van |
24 | designed for carrying more than ten (10) passengers and used for the transportation of persons, and |
25 | every motor vehicle other than a taxicab designed and used for the transportation of persons for |
26 | compensation. |
27 | (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels |
28 | in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper |
29 | motors as defined in subsection (n) of this section. |
30 | (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a |
31 | motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in |
32 | subsection (n) of this section. |
33 | (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human |
34 | power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9) |
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1 | horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed |
2 | of not more than thirty (30) miles per hour. |
3 | (o) "Motorized camper": A camping recreational vehicle, built on, or permanently attached |
4 | to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed vehicle. |
5 | (p) "Motorized tricycles" means tricycles that may be propelled by human power or helper |
6 | motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of a |
7 | maximum speed of not more than thirty (30) miles per hour. |
8 | (q) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by, a |
9 | person with a disability that is incapable of speed in excess of eight (8) miles per hour. |
10 | (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four and |
11 | nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable of a |
12 | maximum speed of not more than thirty (30) miles per hour. |
13 | (s) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric |
14 | power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved |
15 | exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection |
16 | (g) of this section, and motorized wheelchairs. |
17 | (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses, |
18 | hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport |
19 | persons for compensation in any form, or motor vehicles rented for transporting persons either with |
20 | or without furnishing an operator. |
21 | (u) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by natural |
22 | gas. |
23 | (v) "Park trailer": A camping recreational vehicle that is eligible to be registered for |
24 | highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and |
25 | (2) Certified by the manufacturer as complying with ANSI A119.5. |
26 | (w) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen |
27 | (14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger |
28 | vans may be used for vanpools, transporting passengers to and from work locations, provided that |
29 | the operator receives no remuneration other than free use of the vehicle. |
30 | (x) "Pedal carriage" (also known as "quadricycles") means a nonmotorized bicycle with |
31 | four (4) or more wheels operated by one or more persons for the purpose of, or capable of, |
32 | transporting additional passengers in seats or on a platform made a part of or otherwise attached to |
33 | the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to |
34 | it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the |
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1 | transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult |
2 | with a seat for only one operator and no passenger. |
3 | (y) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and sides |
4 | designed to be loaded onto and unloaded from the back of a pick-up truck. |
5 | (z) "Rickshaw" (also known as "pedi cab") means a nonmotorized bicycle with three (3) |
6 | wheels operated by one person for the purpose of, or capable of, transporting additional passengers |
7 | in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This definition shall |
8 | not include a bicycle built for two (2) where the operators are seated one behind the other, nor shall |
9 | it include the operation of a bicycle with trainer or beginner wheels affixed thereto, nor shall it |
10 | include a wheelchair or other vehicle with the purpose of operation by or for the transportation of |
11 | a person with a disability. |
12 | (aa) "School bus" means every motor vehicle owned by a public or governmental agency, |
13 | when operated for the transportation of children to or from school; or privately owned, when |
14 | operated for compensation for the transportation of children to or from school. |
15 | (bb) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable |
16 | body or with removable seats, usable for both passenger and delivery purposes, and including motor |
17 | vehicles commonly known as station or depot wagons or any vehicle into which access can be |
18 | gained through the rear by means of a hatch or trunk and where the rear seats can be folded down |
19 | to permit the carrying of articles as well as passengers. |
20 | (cc) "Tent trailer": A towable recreational vehicle that is mounted on wheels and |
21 | constructed with collapsible partial side walls that fold for towing by another vehicle and unfold |
22 | for use and that is eligible to be registered for highway use. |
23 | (dd) "Trackless trolley coach" means every motor vehicle that is propelled by electric |
24 | power obtained from overhead trolley wires, but not operated on rails. |
25 | (ee) "Travel trailer": A towable recreational vehicle, not exceeding three hundred twenty |
26 | square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a towing |
27 | mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered for |
28 | highway use. |
29 | (ff) "Vehicle" means every device in, upon, or by which any person or property is or may |
30 | be transported or drawn upon a highway, except devices used exclusively upon stationary rails or |
31 | tracks. |
32 | SECTION 3. This act shall take effect January 1, 2023. |
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LC005024/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- REGULATION OF ELECTRIC | |
BICYCLES | |
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1 | This act would regulate electric bicycles in the same manner as human-powered bicycles, |
2 | classify electric bicycles into three (3) classes, require all electric bicycles to have a label affixed |
3 | to the bicycle, be equipped with a speedometer and would permit electric bicycles to be capable of |
4 | a maximum speed of twenty-eight (28) miles per hour. |
5 | This act would take effect January 1, 2023. |
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