2023 -- S 0326

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LC001763

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- REGULATION OF ELECTRIC

BICYCLES

     

     Introduced By: Senators Euer, and Kallman

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 19.6

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REGULATION OF ELECTRIC BICYCLES

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     31-19.6-1. Regulation.

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     Electric bicycles shall to be regulated like bicycles. The same rules of the road shall apply

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to both electric bicycles and human-powered bicycles pursuant to the provisions of chapter 19 of

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this title.

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     31-19.6-2. Exemptions from regulation.

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     An electric bicycle or a person operating an electric bicycle shall not be subject to the

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provisions of this title applicable to motor vehicles, including, but not limited to, registration,

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certificates of title, operators' licenses, financial responsibility, recreational vehicles, motor vehicle

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dealers, or commercial motor vehicles.

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     31-19.6-3. Classes.

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     There shall be three (3) classes of electric bicycles:

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     (1) Class 1: Bicycle equipped with an electric motor that provides assistance only when the

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rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty

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miles per hour (20 mph).

 

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     (2) Class 2: Bicycle equipped with a throttle-actuated electric motor that ceases to provide

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assistance when the electric bicycle reaches twenty miles per hour (20 mph).

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     (3) Class 3: Bicycle equipped with an electric motor that provides assistance only when the

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rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty-

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eight miles per hour (28 mph).

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     31-19.6-4. Helmets required - Age of operators.

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     (a) Helmets, as defined in § 31-19-2.1, are required for riders fifteen (15) years of age or

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younger for all three (3) classes of electric bicycles and for all riders of Class 3 electric bicycles.

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     (b) Persons under sixteen (16) years of age shall not ride a Class 3 electric bicycle, unless

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as a passenger.

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     31-19.6-5. Speedometer.

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     All Class 3 electric bicycles shall be equipped with a speedometer that is capable of

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displaying the speed the electric bicycle is traveling in miles per hour.

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     31-19.6-6. Municipal regulations.

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     (a) Local governments shall not restrict the use of electric bicycles except to regulate the

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speed they may travel or in order to comply with other laws or legal obligations.

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     (b) A person shall not operate a Class 3 electric bicycle on a bicycle lane or multi-use path

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in excess of the posted or applicable speed limit, or if there is no posted or applicable speed limit,

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twenty miles per hour (20 mph).

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     31-19.6-7. Labels on electronic bicycles.

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     On or after January 1, 2024, manufacturers and distributors of electric bicycles shall apply

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a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall

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contain the classification number, top assisted speed, and motor wattage of the electric bicycle and

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shall be printed in Arial font in at least nine (9) point type.

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     31-19.6-8. Consumer protection.

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     An electric bicycle shall comply with the equipment and manufacturing requirements for

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bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Part 1512).

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     SECTION 2. Sections 31-1-3 and 31-1-23 of the General Laws in Chapter 31-1 entitled

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"Definitions and General Code Provisions" are hereby amended to read as follows:

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     31-1-3. Types of vehicles.

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     (a)(1) "Antique motor car" means any motor vehicle that is more than twenty-five (25)

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years old. Unless fully inspected and meeting inspection requirements, the vehicle may be

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maintained solely for use in exhibitions, club activities, parades, and other functions of public

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interest. The vehicle may also be used for limited enjoyment and purposes other than the previously

 

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mentioned activities, but may not be used primarily for the transportation of passengers or goods

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over any public highway.

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     (2) After the vehicle has met the requirements of state inspection, a registration plate may

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be issued to it on payment of the standard fee. The vehicle may be operated on the highways of this

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and other states, and may, in addition to the registration plate, retain the designation "antique" and

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display an "antique plate."

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     (3) For any vehicle that is more than twenty-five (25) years old, the division of motor

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vehicles may also issue or approve, subject to rules and regulations that may be promulgated by

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the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate

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designating the exact year of manufacture of the vehicle. The year of manufacture plate, as

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authorized by this subsection, need only be attached to the rear of the vehicle.

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     (b)(1) "Antique motorcycle" means any motorcycle that is more than twenty-five (25) years

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old. Unless fully inspected and meeting inspection requirements, the vehicle shall be maintained

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solely for use in exhibitions, club activities, parades, and other functions of public interest. The

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vehicle may also be used for limited enjoyment and purposes other than the previously mentioned

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activities, but may not be used primarily for the transportation of passengers or goods over any

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public highway; and

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     (2) After the vehicle has met the requirements of state inspection, a registration plate may

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be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways

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of this and other states, and may, in addition to the registration plate, retain the designation

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"antique" and display an "antique plate."

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     (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol);

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police vehicles; vehicles of the department of corrections while in the performance of official

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duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of

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municipal departments or public service corporations designated or authorized by the administrator

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as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer

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firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as

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authorized by the department chief or commander and permitted by the Rhode Island Association

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of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer

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Warning Light Permits.

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     (d) "Automobile" means, for registration purposes, every motor vehicle carrying

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passengers other than for hire.

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     (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and

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similar devices, propelled exclusively by human power, and upon which a person may ride.

 

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     (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the

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manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living

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quarters for recreation that has either its own motor power or is mounted on, or towed by, another

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vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers, and

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pick-up campers.

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     (g) "Electric motorized bicycle" means a motorized bicycle, also called an "electric

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bicycle", as defined in § 31-19.6-3, that may be propelled by human power or electric motor power,

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or by both, with an electric motor rated not more than two (2) (S.A.E.) horsepower, that is capable

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of a maximum speed of not more than twenty-five (25) twenty-eight (28) miles per hour.

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     (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non-

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tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion

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system that limits the maximum speed of the device to fifteen (15) miles per hour.

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     (i) "Fifth-wheel trailer": A towable recreational vehicle, not exceeding four hundred (400)

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square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism

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that is mounted above or forward of the tow vehicle's rear axle and that is eligible to be registered

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for highway use.

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     (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse

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shall be considered an automobile for registration purposes.

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     (k) "Jitney or bus" means: (1) A "public bus" that includes every motor vehicle, trailer,

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semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers

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for hire, and operated wholly or in part upon any street or highway as a means of transportation

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similar to that afforded by a street railway company, by indiscriminately receiving or discharging

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passengers, or running on a regular route or over any portion of one, or between fixed termini; or

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(2) A "private bus" that includes every motor vehicle other than a public bus or passenger van

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designed for carrying more than ten (10) passengers and used for the transportation of persons, and

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every motor vehicle other than a taxicab designed and used for the transportation of persons for

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compensation.

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     (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels

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in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper

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motors as defined in subsection (n) of this section.

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     (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a

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motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in

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subsection (n) of this section.

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     (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human

 

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power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9)

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horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed

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of not more than thirty (30) miles per hour.

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     (o) "Motorized camper": A camping recreational vehicle, built on, or permanently attached

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to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed vehicle.

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     (p) "Motorized tricycles" means tricycles that may be propelled by human power or helper

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motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of a

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maximum speed of not more than thirty (30) miles per hour.

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     (q) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by, a

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person with a disability that is incapable of speed in excess of eight (8) miles per hour.

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     (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four and

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nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable of a

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maximum speed of not more than thirty (30) miles per hour.

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     (s) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric

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power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved

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exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection

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(g) of this section, and motorized wheelchairs.

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     (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses,

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hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport

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persons for compensation in any form, or motor vehicles rented for transporting persons either with

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or without furnishing an operator.

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     (u) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by natural

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gas.

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     (v) "Park trailer": A camping recreational vehicle that is eligible to be registered for

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highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and

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(2) Certified by the manufacturer as complying with ANSI A119.5.

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     (w) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen

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(14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger

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vans may be used for vanpools, transporting passengers to and from work locations, provided that

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the operator receives no remuneration other than free use of the vehicle.

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     (x) "Pedal carriage" (also known as "quadricycles") means a nonmotorized bicycle with

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four (4) or more wheels operated by one or more persons for the purpose of, or capable of,

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transporting additional passengers in seats or on a platform made a part of or otherwise attached to

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the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to

 

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it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the

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transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult

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with a seat for only one operator and no passenger.

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     (y) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and sides

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designed to be loaded onto and unloaded from the back of a pick-up truck.

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     (z) "Rickshaw" (also known as "pedi cab") means a nonmotorized bicycle with three (3)

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wheels operated by one person for the purpose of, or capable of, transporting additional passengers

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in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This definition shall

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not include a bicycle built for two (2) where the operators are seated one behind the other, nor shall

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it include the operation of a bicycle with trainer or beginner wheels affixed thereto, nor shall it

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include a wheelchair or other vehicle with the purpose of operation by or for the transportation of

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a person with a disability.

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     (aa) "School bus" means every motor vehicle owned by a public or governmental agency,

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when operated for the transportation of children to or from school; or privately owned, when

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operated for compensation for the transportation of children to or from school.

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     (bb) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable

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body or with removable seats, usable for both passenger and delivery purposes, and including motor

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vehicles commonly known as station or depot wagons or any vehicle into which access can be

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gained through the rear by means of a hatch or trunk and where the rear seats can be folded down

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to permit the carrying of articles as well as passengers.

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     (cc) "Tent trailer": A towable recreational vehicle that is mounted on wheels and

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constructed with collapsible partial side walls that fold for towing by another vehicle and unfold

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for use and that is eligible to be registered for highway use.

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     (dd) "Trackless trolley coach" means every motor vehicle that is propelled by electric

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power obtained from overhead trolley wires, but not operated on rails.

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     (ee) "Travel trailer": A towable recreational vehicle, not exceeding three hundred twenty

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square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a towing

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mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered for

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highway use.

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     (ff) "Vehicle" means every device in, upon, or by which any person or property is or may

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be transported or drawn upon a highway, except devices used exclusively upon stationary rails or

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tracks.

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     31-1-23. Types of roads.

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     (a) “Bicycle lane” means a portion of highway right-of-way designated by the state and

 

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identified by official traffic control devices (pavement markings) for the exclusive use of bicyclists.

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The operation and parking of motor vehicles is prohibited within the lane identified for exclusive

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use by bicyclists, except when making a turn, entering or leaving the roadway or a parking lane, or

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when required in the course of official duty.

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     (b) “Bicycle route” means a shared right-of-way along a highway, designated by the state

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and identified by official traffic control devices (signs) for use by bicyclists.

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     (c) “Bicycle trail or path” means a bikeway physically separated from motorized vehicular

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traffic by an open space or barrier and either within the highway right-of-way or within an

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independent right-of-way. Bicycle trails or paths may also be used by bicycles, including electric

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bicycles, pedestrians, skaters, wheelchair users, joggers and other nonmotorized users.

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     (d) “Laned roadway” means a roadway which is divided into two (2) or more clearly

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marked lanes for vehicular traffic.

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     (e) “Limited access highway” means every highway, street, or roadway to or from which

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owners or occupants of abutting lands and other persons have no legal right of access except at

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those points and in that manner determined by the public authority having jurisdiction over it.

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     (f) “Local highway” means every street or highway other than a state highway, private

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road, or driveway.

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     (g) “Private road or driveway” means every way or place in private ownership that is used

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for vehicular travel only by the owner and by those others having express or implied permission

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from the owner.

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     (h) “Roadway” means that portion of a highway improved, designed, or ordinarily used for

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vehicular travel, excluding the sidewalk, berm, or shoulder even when used by persons riding

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bicycles. In the event a highway includes two (2) or more separate roadways, “roadway” refers to

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the roadway separately and not the roadways collectively.

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     (i) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of

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a roadway, and the adjacent property lines intended for the use of pedestrians.

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     (j) “State highway” means every street or highway constructed and/or maintained by the

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director of public works and the division of roads and bridges.

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     (k) “Street or highway” means the entire width between boundary lines of every way when

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any part of it is open to the use of the public for purposes of vehicular traffic.

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     (l) “Through highway” means every highway or portion of a highway having entrances

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from intersecting highways at which vehicular traffic is required by law to stop before entering or

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crossing, and where stop signs are erected under the provisions of chapters 1 — 27 of this title.

 

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     SECTION 3. This act shall take effect on January 1, 2024.

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LC001763

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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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     This act would regulate electric bicycles in the same manner as human-powered bicycles,

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classify electric bicycles into three (3) classes and require all electric bicycles to have a technical

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information label affixed to the bicycle. The act also would require that electric bicycles be

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equipped with a speedometer and would restrict electric bicycles to be capable of a maximum speed

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of twenty-eight (28) miles per hour. It would also allow the use of electric bicycles on bicycle trails

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and paths.

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     This act would take effect on January 1, 2024.

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