Bill Text: IA SF2354 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to low-speed electric bicycles, providing penalties, making penalties applicable, and including applicability provisions. (Formerly SF 2205.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-20 - Committee report, approving bill. S.J. 380. [SF2354 Detail]
Download: Iowa-2019-SF2354-Introduced.html
Senate
File
2354
-
Introduced
SENATE
FILE
2354
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
SF
2205)
(COMPANION
TO
HF
2409
BY
COMMITTEE
ON
TRANSPORTATION)
A
BILL
FOR
An
Act
relating
to
low-speed
electric
bicycles,
providing
1
penalties,
making
penalties
applicable,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
308A.1,
subsection
1,
Code
2020,
is
1
amended
to
read
as
follows:
2
1.
The
department
of
natural
resources,
in
consultation
3
with
the
state
transportation
commission,
is
hereby
authorized
4
to
establish
recreational
bikeways
within
this
state
for
the
5
use,
enjoyment,
and
participation
of
the
public
in
nonmotorized
6
bicycling
,
not
including
the
use
of
motorized
bicycles
as
7
defined
in
section
321.1
.
The
routes
established
for
such
8
bikeways
shall
be
designed
to
maximize
the
safety
of
cyclists
9
and
motorists
and
may
utilize
secondary
roads
when
the
normal
10
flow
of
motor
vehicle
traffic
will
not
be
hindered,
as
well
11
as
other
infrequently
traveled
roads,
streets,
parkways,
and
12
appropriate
thoroughfares.
Such
bikeways
shall
be
routed,
13
wherever
possible,
to
allow
the
enjoyment
of
scenic
views
and
14
points
of
historical
interest,
and
may
connect
state
parks
and
15
other
recreational
areas
throughout
the
state.
16
Sec.
2.
Section
321.1,
Code
2020,
is
amended
by
adding
the
17
following
new
subsection:
18
NEW
SUBSECTION
.
036A.
“Low-speed
electric
bicycle”
means
19
a
device
having
a
saddle
or
seat
for
the
use
of
a
rider,
two
20
or
three
wheels
equipped
with
fully
operable
pedals,
and
an
21
electric
motor
of
less
than
seven
hundred
fifty
watts
that
22
meets
the
requirements
of
one
of
the
following
classes:
23
a.
“Class
1
low-speed
electric
bicycle”
means
a
low-speed
24
electric
bicycle
equipped
with
a
motor
that
may
be
used
to
25
provide
assistance
only
when
the
rider
is
pedaling
and
that
26
ceases
to
provide
assistance
when
the
bicycle
reaches
a
speed
27
of
twenty
miles
per
hour
or
more.
28
b.
“Class
2
low-speed
electric
bicycle”
means
a
low-speed
29
electric
bicycle
equipped
with
a
motor
that
may
be
used
30
exclusively
to
propel
the
bicycle
and
that
is
not
capable
of
31
providing
assistance
when
the
bicycle
reaches
a
speed
of
twenty
32
miles
per
hour
or
more.
33
c.
“Class
3
low-speed
electric
bicycle”
means
a
low-speed
34
electric
bicycle
equipped
with
a
motor
that
may
be
used
to
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provide
assistance
only
when
the
rider
is
pedaling
and
that
1
ceases
to
provide
assistance
when
the
bicycle
reaches
a
speed
2
of
twenty-eight
miles
per
hour
or
more.
3
Sec.
3.
Section
321.1,
subsection
40,
Code
2020,
is
amended
4
to
read
as
follows:
5
a.
“Motorcycle”
means
every
motor
vehicle
having
a
saddle
or
6
seat
for
the
use
of
the
rider
and
designed
to
travel
on
not
more
7
than
three
wheels
in
contact
with
the
ground
including
a
motor
8
scooter
but
excluding
a
tractor,
an
autocycle,
a
low-speed
9
electric
bicycle,
and
a
motorized
bicycle.
10
b.
“Motorized
bicycle”
means
a
motor
vehicle
having
a
saddle
11
or
a
seat
for
the
use
of
a
rider,
designed
to
travel
on
not
more
12
than
three
wheels
in
contact
with
the
ground,
and
not
capable
13
of
operating
at
a
speed
in
excess
of
thirty-nine
miles
per
14
hour
on
level
ground
unassisted
by
human
power
,
but
excluding
15
a
low-speed
electric
bicycle
.
16
c.
“Bicycle”
means
either
of
the
following:
17
(1)
A
device
having
two
wheels
and
having
at
least
one
18
saddle
or
seat
for
the
use
of
a
rider
which
is
propelled
by
19
human
power.
20
(2)
A
device
having
two
or
three
wheels
with
fully
operable
21
pedals
and
an
electric
motor
of
less
than
seven
hundred
fifty
22
watts
(one
horsepower),
whose
maximum
speed
on
a
paved
level
23
surface,
when
powered
solely
by
such
a
motor
while
ridden,
is
24
less
than
twenty
miles
per
hour
A
low-speed
electric
bicycle
.
25
Sec.
4.
Section
321.1,
subsection
90,
paragraph
a,
Code
26
2020,
is
amended
to
read
as
follows:
27
a.
Any
device
moved
by
human
power
,
including
a
low-speed
28
electric
bicycle
.
29
Sec.
5.
NEW
SECTION
.
321.235B
Low-speed
electric
bicycles
30
——
labels
——
operation.
31
1.
A
manufacturer
or
distributor
of
low-speed
electric
32
bicycles
shall
apply
a
label
that
is
permanently
affixed
33
in
a
prominent
location
to
each
of
the
manufacturer’s
or
34
distributor’s
low-speed
electric
bicycles.
The
label
shall
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contain
all
of
the
following
information
printed
in
arial
font
1
with
a
font
size
not
less
than
nine
point
type:
2
a.
A
classification
number
for
the
low-speed
electric
3
bicycle
that
corresponds
with
a
class
defined
in
section
321.1,
4
subsection
036A.
5
b.
The
low-speed
electric
bicycle’s
top
assisted
speed.
6
c.
The
low-speed
electric
bicycle’s
motor
wattage.
7
2.
A
person
shall
not
knowingly
modify
the
speed
capability
8
or
engagement
of
a
low-speed
electric
bicycle
such
that
the
9
low-speed
electric
bicycle
does
not
qualify
for
a
class
defined
10
in
section
321.1,
subsection
036A.
If
a
person
has
modified
11
the
speed
capability
or
engagement
of
a
low-speed
electric
12
bicycle,
the
person
shall
affix
a
new
label
containing
the
13
information
listed
in
subsection
1
to
the
modified
low-speed
14
electric
bicycle.
15
3.
A
low-speed
electric
bicycle
shall
be
manufactured
and
16
equipped
in
compliance
with
16
C.F.R.
pt.
1512.
17
4.
A
low-speed
electric
bicycle
shall
be
manufactured
to
18
operate
in
such
a
manner
that
when
the
rider
stops
pedaling,
19
applies
the
brakes,
or
the
electric
motor
is
disengaged,
the
20
electric
motor
assist
ceases
to
function.
21
5.
A
class
3
low-speed
electric
bicycle
shall
not
be
22
operated
unless
it
is
equipped
with
a
speedometer
that
displays
23
its
speed
in
miles
per
hour.
24
6.
A
person
under
the
age
of
sixteen
shall
not
operate
a
25
class
3
low-speed
electric
bicycle.
A
person
under
the
age
of
26
sixteen
may
ride
as
a
passenger
on
a
class
3
low-speed
electric
27
bicycle
in
compliance
with
section
321.234,
subsection
4.
28
7.
A
person
operating
a
low-speed
electric
bicycle
on
a
29
highway
is
subject
to
the
provisions
of
this
chapter
applicable
30
to
a
rider
of
a
bicycle
on
a
highway
and
has
all
the
rights
and
31
duties
under
this
chapter
applicable
to
a
rider
of
a
bicycle,
32
except
those
provisions
of
this
chapter
which
by
their
nature
33
can
have
no
application,
or
except
as
otherwise
provided
in
34
this
section.
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8.
Except
for
provisions
of
the
Code
made
specifically
1
applicable
to
low-speed
electric
bicycles
in
this
section,
2
low-speed
electric
bicycles
are
not
subject
to
provisions
of
3
the
Code
applicable
to
vehicles,
including
provisions
relating
4
to
all
of
the
following:
5
a.
Licensure,
registration,
titling,
inspection,
and
proof
6
of
financial
liability
coverage.
7
b.
Possession
of
a
driver’s
license
or
permit.
8
9.
A
low-speed
electric
bicycle
may
be
operated
in
any
9
place
where
a
bicycle
is
allowed
to
operate,
including
but
not
10
limited
to
streets,
highways,
roadways,
shoulders,
bicycle
11
lanes,
bikeways,
and
bicycle
or
multi-use
paths.
12
Sec.
6.
Section
322D.1,
subsection
8,
Code
2020,
is
amended
13
to
read
as
follows:
14
8.
“Motorcycle”
means
a
motor
vehicle
as
defined
in
section
15
321.1
other
than
an
all-terrain
vehicle,
which
has
a
saddle
16
or
seat
for
the
use
of
a
rider
and
that
is
designed
to
travel
17
on
not
more
than
two
wheels
in
contact
with
the
ground,
but
18
excluding
a
motorized
bicycle
,
a
low-speed
electric
bicycle,
or
19
autocycle
as
defined
in
section
321.1
.
20
Sec.
7.
Section
805.8A,
subsection
9A,
Code
2020,
is
amended
21
to
read
as
follows:
22
9A.
Electric
personal
assistive
mobility
device
23
violations.
For
electric
device
violations
under
section
24
321.235A
the
following
sections
,
the
scheduled
fine
is
fifteen
25
dollars.
is
as
follows:
26
a.
Section
321.235A
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$15
27
b.
Section
321.235B
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$15
28
Sec.
8.
APPLICABILITY.
Section
321.235B,
subsections
1
and
29
2,
as
enacted
in
this
Act,
apply
to
low-speed
electric
bicycles
30
manufactured
or
distributed
on
or
after
January
1,
2021.
31
Sec.
9.
APPLICABILITY.
Section
321.235B,
subsections
3
and
32
4,
as
enacted
in
this
Act,
apply
to
low-speed
electric
bicycles
33
manufactured
or
distributed
on
or
after
the
effective
date
of
34
this
Act.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
Under
current
law,
the
definition
of
“bicycle”
includes
4
a
device
with
fully
operable
pedals
and
an
electric
motor
of
5
less
than
750
watts
with
a
maximum
speed
of
less
than
20
miles
6
per
hour
when
powered
solely
by
the
electric
motor.
This
bill
7
strikes
that
provision
and
includes
low-speed
electric
bicycles
8
within
the
definition
of
“bicycle”.
The
bill
defines
the
term
9
“low-speed
electric
bicycle”,
including
three
defined
classes.
10
The
bill
excludes
low-speed
electric
bicycles
from
the
11
definitions
of
“vehicle”,
“motorcycle”,
and
“motorized
bicycle”
12
under
Code
section
321.1,
thereby
making
the
provisions
of
Code
13
chapter
321
(motor
vehicles
and
law
of
the
road)
relating
to
14
vehicles,
motor
vehicles,
automobiles,
cars,
motorcycles,
and
15
motorized
bicycles
inapplicable
to
low-speed
electric
bicycles.
16
The
bill
also
excludes
low-speed
electric
bicycles
from
the
17
definition
of
“motorcycle”
under
Code
section
322D.1.
18
Under
the
bill,
a
person
operating
a
low-speed
electric
19
bicycle
on
a
highway
is
subject
to
the
provisions
of
Code
20
chapter
321
applicable
to
a
rider
of
a
bicycle
on
a
highway
and
21
has
all
the
rights
and
duties
under
Code
chapter
321
applicable
22
to
a
rider
of
a
bicycle.
Under
Code
section
321.234,
a
person
23
riding
a
bicycle
on
a
highway
is
subject
to
the
provisions
of
24
Code
chapter
321
and
has
all
the
rights
and
duties
applicable
25
to
a
driver
of
a
vehicle,
except
those
provisions
which
by
26
their
nature
can
have
no
application.
Code
section
321.234
27
prohibits
a
person
from
using
a
bicycle
on
a
highway
to
carry
28
more
persons
at
one
time
than
the
number
of
persons
for
which
29
the
bicycle
is
designed
and
equipped.
Code
section
321.281
30
prohibits
a
person
operating
a
motor
vehicle
from
steering
31
the
motor
vehicle
unreasonably
close
to
or
toward
a
person
32
riding
a
bicycle
on
a
highway,
including
the
roadway
or
the
33
shoulder
adjacent
to
the
roadway,
and
prohibits
a
person
from
34
knowingly
projecting
any
object
or
substance
at
or
against
a
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person
riding
a
bicycle
on
a
highway.
Code
section
321.397
1
requires
bicycles
to
at
certain
times
be
equipped
with
a
lamp
2
on
the
front
exhibiting
a
white
light
and
a
lamp
on
the
rear
3
exhibiting
a
red
light,
except
that
a
red
reflector
may
be
used
4
in
lieu
of
a
rear
light.
Code
section
321.434
prohibits
a
5
bicycle
from
being
equipped
with,
and
a
person
from
using
upon
6
a
bicycle,
any
siren
or
whistle.
7
By
operation
of
law,
a
local
authority
is
authorized
to
8
regulate
low-speed
electric
bicycles
under
Code
section
9
321.236(10).
10
The
bill
provides
that
except
for
provisions
of
the
Code
11
made
specifically
applicable
to
low-speed
electric
bicycles
12
in
the
bill,
low-speed
electric
bicycles
are
not
subject
to
13
the
provisions
of
the
Code
applicable
to
vehicles,
including
14
provisions
relating
to
licensure,
registration,
titling,
15
inspection,
proof
of
financial
liability
coverage,
and
16
possession
of
a
driver’s
license
or
permit.
17
The
bill
provides
that
a
person
may
operate
a
low-speed
18
electric
bicycle
any
place
where
a
bicycle
is
allowed
to
19
operate,
including
but
not
limited
to
streets,
highways,
20
roadways,
shoulders,
bicycle
lanes,
bikeways,
and
bicycle
or
21
multi-use
paths.
22
Beginning
January
1,
2021,
the
bill
requires
manufacturers
23
and
distributors
of
low-speed
electric
bicycles
to
apply
a
24
label
to
each
low-speed
electric
bicycle
identifying
the
25
class
of
the
bicycle,
the
bicycle’s
top
assisted
speed,
and
26
the
bicycle’s
motor
wattage.
The
bill
further
prohibits
a
27
person
from
modifying
the
speed
capability
or
engagement
of
a
28
low-speed
electric
bicycle
such
that
the
low-speed
electric
29
bicycle
does
not
qualify
for
a
class
as
provided
for
in
the
30
bill.
A
person
who
has
modified
the
speed
capability
or
31
engagement
of
a
low-speed
electric
bicycle
must
affix
a
new
32
label
containing
the
required
information
as
provided
for
in
33
the
bill
to
the
modified
low-speed
electric
bicycle.
34
The
bill
also
requires
that
low-speed
electric
bicycles
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be
manufactured
in
compliance
with
16
C.F.R.
pt.
1512
and
be
1
manufactured
to
operate
in
such
a
manner
that
when
the
rider
2
stops
pedaling,
applies
the
brakes,
or
the
electric
motor
is
3
disengaged,
the
electric
motor
assist
ceases
to
function.
4
The
bill
provides
that
a
class
3
low-speed
electric
bicycle
5
shall
not
be
operated
unless
it
is
equipped
with
a
speedometer
6
that
displays
its
speed
in
miles
per
hour.
The
bill
also
7
prohibits
persons
under
the
age
of
16
from
operating
a
class
3
8
low-speed
electric
bicycle.
However,
such
persons
may
ride
as
9
a
passenger
on
a
class
3
low-speed
electric
bicycle.
10
A
violation
of
the
bill
is
punishable
by
a
scheduled
fine
of
11
$15.
12
The
bill
makes
a
conforming
change
to
Code
section
308A.1
13
related
to
the
establishment
of
recreational
bikeways.
14
-7-
LSB
6304SV
(2)
88
mo/ns
7/
7
