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Senate File 2010

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 321.1, subsection 20B, Code Supplement
  1  2 2003, is amended to read as follows:
  1  3    20B.  "Electric personal assistive mobility device" means a
  1  4 either of the following:
  1  5    a.  A self-balancing device powered by an electric
  1  6 propulsion system that averages seven hundred fifty watts, has
  1  7 two nontandem wheels, and is designed to transport one person,
  1  8 with a maximum speed on a paved level surface of less than
  1  9 twenty miles per hour.  The maximum speed shall be calculated
  1 10 based on operation of the device by a person who weighs one
  1 11 hundred seventy pounds when the device is powered solely by
  1 12 the electric propulsion system.
  1 13    b.  A wheelchair, scooter, or other self-propelled device,
  1 14 powered by an electric propulsion system and designed to
  1 15 transport one person with disabilities, with a maximum speed
  1 16 on a paved level surface of less than twenty miles per hour.
  1 17 The maximum speed shall be calculated based on operation of
  1 18 the device by a person with disabilities who weighs one
  1 19 hundred seventy pounds when the device is powered solely by
  1 20 the electric propulsion system.
  1 21    Sec. 2.  Section 321.235A, Code 2003, is amended to read as
  1 22 follows:
  1 23    321.235A  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
  1 24    1.  An Except as provided in subsection 2, an electric
  1 25 personal assistive mobility device may be operated by a person
  1 26 at least sixteen years of age only on sidewalks and bikeways
  1 27 in accordance with this section subsection.
  1 28    1.  a.  None of the following are required for operation of
  1 29 an electric personal assistive mobility device:
  1 30    a.  (1)  Licensure or registration of the electric personal
  1 31 assistive mobility device under this chapter.
  1 32    b.  (2)  Possession of a driver's license or permit by the
  1 33 operator of the electric personal assistive mobility device.
  1 34    c.  (3)  Proof of financial responsibility.
  1 35    2.  b.  A person operating an electric personal assistive
  2  1 mobility device on a sidewalk or bikeway shall do all of the
  2  2 following:
  2  3    a.  (1)  Yield the right-of-way to pedestrians and human-
  2  4 powered devices.
  2  5    b.  (2)  Give an audible signal before overtaking and
  2  6 passing a pedestrian or human-powered device.
  2  7    3.  c.  A person shall not operate an electric personal
  2  8 assistive mobility device at the times specified in section
  2  9 321.384 unless the person or the electric personal assistive
  2 10 mobility device is equipped with a headlight visible from the
  2 11 front of the electric personal assistive mobility device and
  2 12 at least one red reflector visible from the rear of the
  2 13 electric personal assistive mobility device.
  2 14    2.  Notwithstanding section 321.382, and subject to
  2 15 subsection 1, paragraphs "a" and "c", an electric personal
  2 16 assistive mobility device may be operated on streets or
  2 17 highways pursuant to local authorization under section
  2 18 321.236, subsections 13 and 14.
  2 19    4.  3.  Violations A violation of this section are is
  2 20 punishable as a scheduled violation under section 805.8A,
  2 21 subsection 9A.
  2 22    Sec. 3.  Section 321.236, subsections 13 and 14, Code
  2 23 Supplement 2003, are amended to read as follows:
  2 24    13.  Establishing a rural residence district.  The board of
  2 25 supervisors of a county with respect to highways under its
  2 26 jurisdiction may establish, by ordinance or resolution, rural
  2 27 residence districts and may regulate, by ordinance or
  2 28 resolution, regulate the speed and parking of vehicles within
  2 29 the rural residence district consistent with sections 321.239,
  2 30 321.285, and 321.293.  In addition, the board of supervisors
  2 31 may regulate or prohibit, by ordinance or resolution, the
  2 32 operation of electric personal assistive mobility devices
  2 33 within the rural residence district.  Before establishing a
  2 34 rural residence district, the board of supervisors shall hold
  2 35 a public hearing on the proposal, notice of which shall be
  3  1 published in a newspaper having a general circulation in the
  3  2 area where the proposed district is located at least twenty
  3  3 days before the date of hearing.  The notice shall state the
  3  4 time and place of the hearing, the proposed location of the
  3  5 district, and other data considered pertinent by the board of
  3  6 supervisors.
  3  7    14.  Regulating or prohibiting the operation of electric
  3  8 personal assistive mobility devices authorized pursuant to
  3  9 section 321.235A in incorporated areas.
  3 10    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  3 11 immediate importance, takes effect upon enactment.  
  3 12                           EXPLANATION
  3 13    This bill expands the definition of electric personal
  3 14 assistive mobility device to include an electric wheelchair,
  3 15 scooter, or other self-propelled device designed to transport
  3 16 one person with a disability.  Current law provides for the
  3 17 operation of electric personal assistive mobility devices only
  3 18 on sidewalks and bikeways by persons 16 years of age or older,
  3 19 subject to local regulation.  The bill eliminates the age
  3 20 restriction and allows local authorities to regulate or
  3 21 prohibit the operation of the various types of electric
  3 22 personal assistive mobility devices on highways within rural
  3 23 residence districts and on city streets.  Such devices are not
  3 24 subject to minimum speed requirements applicable to other
  3 25 vehicles operating on highways.
  3 26    Operators of electric personal assistive mobility devices
  3 27 are exempt from licensure, registration, and proof of
  3 28 financial responsibility requirements, but are subject to
  3 29 specific lighting requirements during certain hours of
  3 30 operation.
  3 31    A violation of the law relating to operation of an electric
  3 32 personal assistive mobility device is punishable by a
  3 33 scheduled fine of $15.  
  3 34 LSB 5475SS 80
  3 35 dea/gg/14
     

Text: SF02009                           Text: SF02011
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