SB 129

This bill regulates the operation of electric bicycles.

Under current law, a motor bicycle is “a bicycle to which a power unit [that is]

not an integral part of the vehicle has been added to permit the vehicle to travel at

a speed of not more than 30 miles per hour with a 150-pound rider on a dry, level,

hard surface with no wind and having a seat for the operator” or “a 2-wheeled or

3-wheeled vehicle that has fully operative pedals for propulsion by human power

and an electric motor of less than 750 watts and that is capable, when powered solely

by the motor, of a maximum speed of less than 20 miles per hour with a 170-pound

rider on a dry, level, hard surface with no wind.” In general, a motor bicycle is subject

to the same rules as other bicycles and an operator of a motor bicycle is subject to the

same rules and is afforded the same privileges as operators of other bicycles. An

operator of a motor bicycle, however, must posses a valid operator's license.

This bill eliminates the second type of motor bicycle and establishes a similar

definition for electric bicycle. Unlike an operator of a motor bicycle, however, an

operator of an electric bicycle is not required to hold an operator's license.

Under this bill, an electric bicycle is “a bicycle that is equipped with fully

operative pedals for propulsion by human power and an electric motor of less than

750 watts.” Electric bicycles are divided into three classes, as follows:

1. Class 1 electric bicycles provide assistance only when the rider is pedaling

and cease to provide assistance when the bicycle reaches the speed of 20 miles per

hour.

2. Class 2 electric bicycles may be powered solely by the motor and are not

capable of providing assistance when the bicycle reaches the speed of 20 miles per

hour.

3. Class 3 electric bicycles provide assistance only when the rider is pedaling

and cease to provide assistance when the bicycle reaches the speed of 28 miles per

hour.

In general, an electric bicycle is subject to the same rules as other bicycles and

an operator of an electric bicycle is subject to the same rules and is afforded the same

privileges as operators of other bicycles, with the following exceptions:

1. Persons under the age of 16 years may not operate a class 3 electric bicycle.

2. A manufacturer or distributor of an electric bicycle must affix a label

containing the classification number of the electric bicycle, the speed at which the

motor will cease to provide assistance or power, and the wattage of the motor

equipped to the electric bicycle.

3. Either the motor must cease to provide assistance or power when the brakes

are applied or the motor must cease to provide assistance or power when the rider

stops pedaling.

4. A person may not operate a class 3 electric bicycle unless the electric bicycle

is equipped with a speedometer.