House
File
493
-
Enrolled
House
File
493
AN
ACT
RELATING
TO
LOW-SPEED
ELECTRIC
BICYCLES,
PROVIDING
PENALTIES,
MAKING
PENALTIES
APPLICABLE,
AND
INCLUDING
APPLICABILITY
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
308A.1,
subsection
1,
Code
2021,
is
amended
to
read
as
follows:
1.
The
department
of
natural
resources,
in
consultation
with
the
state
transportation
commission,
is
hereby
authorized
to
establish
recreational
bikeways
within
this
state
for
the
use,
enjoyment,
and
participation
of
the
public
in
nonmotorized
bicycling
,
not
including
the
use
of
motorized
bicycles
as
defined
in
section
321.1
.
The
routes
established
for
such
bikeways
shall
be
designed
to
maximize
the
safety
of
cyclists
and
motorists
and
may
utilize
secondary
roads
when
the
normal
flow
of
motor
vehicle
traffic
will
not
be
hindered,
as
well
as
other
infrequently
traveled
roads,
streets,
parkways,
and
appropriate
thoroughfares.
Such
bikeways
shall
be
routed,
wherever
possible,
to
allow
the
enjoyment
of
scenic
views
and
points
of
historical
interest,
and
may
connect
state
parks
and
other
recreational
areas
throughout
the
state.
Sec.
2.
Section
321.1,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
036A.
“Low-speed
electric
bicycle”
means
a
device
having
a
saddle
or
seat
for
the
use
of
a
rider,
two
or
three
wheels
equipped
with
fully
operable
pedals,
and
an
House
File
493,
p.
2
electric
motor
of
less
than
seven
hundred
fifty
watts
that
meets
the
requirements
of
one
of
the
following
classes:
a.
“Class
1
low-speed
electric
bicycle”
means
a
low-speed
electric
bicycle
equipped
with
a
motor
that
may
be
used
to
provide
assistance
only
when
the
rider
is
pedaling
and
that
ceases
to
provide
assistance
when
the
bicycle
reaches
a
speed
of
twenty
miles
per
hour
or
more.
b.
“Class
2
low-speed
electric
bicycle”
means
a
low-speed
electric
bicycle
equipped
with
a
motor
that
may
be
used
exclusively
to
propel
the
bicycle
and
that
is
not
capable
of
providing
assistance
when
the
bicycle
reaches
a
speed
of
twenty
miles
per
hour
or
more.
c.
“Class
3
low-speed
electric
bicycle”
means
a
low-speed
electric
bicycle
equipped
with
a
motor
that
may
be
used
to
provide
assistance
only
when
the
rider
is
pedaling
and
that
ceases
to
provide
assistance
when
the
bicycle
reaches
a
speed
of
twenty-eight
miles
per
hour
or
more.
Sec.
3.
Section
321.1,
subsection
40,
Code
2021,
is
amended
to
read
as
follows:
40.
a.
“Motorcycle”
means
every
motor
vehicle
having
a
saddle
or
seat
for
the
use
of
the
rider
and
designed
to
travel
on
not
more
than
three
wheels
in
contact
with
the
ground
including
a
motor
scooter
but
excluding
a
tractor,
an
autocycle,
a
low-speed
electric
bicycle,
and
a
motorized
bicycle.
b.
“Motorized
bicycle”
means
a
motor
vehicle
having
a
saddle
or
a
seat
for
the
use
of
a
rider,
designed
to
travel
on
not
more
than
three
wheels
in
contact
with
the
ground,
and
not
capable
of
operating
at
a
speed
in
excess
of
thirty-nine
miles
per
hour
on
level
ground
unassisted
by
human
power
,
but
excluding
a
low-speed
electric
bicycle
.
c.
“Bicycle”
means
either
of
the
following:
(1)
A
device
having
two
or
three
wheels
and
having
at
least
one
saddle
or
seat
for
the
use
of
a
rider
which
is
propelled
by
human
power.
(2)
A
device
having
two
or
three
wheels
with
fully
operable
pedals
and
an
electric
motor
of
less
than
seven
hundred
fifty
watts
(one
horsepower),
whose
maximum
speed
on
a
paved
level
surface,
when
powered
solely
by
such
a
motor
while
ridden,
is
House
File
493,
p.
3
less
than
twenty
miles
per
hour
A
low-speed
electric
bicycle
.
Sec.
4.
Section
321.1,
subsection
90,
paragraph
a,
Code
2021,
is
amended
to
read
as
follows:
a.
Any
device
moved
by
human
power
,
including
a
low-speed
electric
bicycle
.
Sec.
5.
NEW
SECTION
.
321.235B
Low-speed
electric
bicycles
——
labels
——
operation.
1.
A
manufacturer
or
distributor
of
low-speed
electric
bicycles
shall
apply
a
label
that
is
permanently
affixed
in
a
prominent
location
to
each
of
the
manufacturer’s
or
distributor’s
low-speed
electric
bicycles.
The
label
shall
contain
all
of
the
following
information
printed
in
arial
font
with
a
font
size
not
less
than
nine
point
type:
a.
A
classification
number
for
the
low-speed
electric
bicycle
that
corresponds
with
a
class
defined
in
section
321.1,
subsection
036A.
b.
The
low-speed
electric
bicycle’s
top
assisted
speed.
c.
The
low-speed
electric
bicycle’s
motor
wattage.
2.
A
person
shall
not
knowingly
modify
the
speed
capability
or
engagement
of
a
low-speed
electric
bicycle
such
that
the
low-speed
electric
bicycle
does
not
qualify
for
a
class
defined
in
section
321.1,
subsection
036A.
If
a
person
has
modified
the
speed
capability
or
engagement
of
a
low-speed
electric
bicycle,
the
person
shall
affix
a
new
label
containing
the
information
listed
in
subsection
1
to
the
modified
low-speed
electric
bicycle.
3.
A
low-speed
electric
bicycle
shall
be
manufactured
and
equipped
in
compliance
with
16
C.F.R.
pt.
1512.
4.
A
low-speed
electric
bicycle
shall
be
manufactured
to
operate
in
such
a
manner
that
when
the
rider
stops
pedaling,
applies
the
brakes,
or
the
electric
motor
is
disengaged,
the
electric
motor
assist
ceases
to
function.
5.
A
class
3
low-speed
electric
bicycle
shall
not
be
operated
unless
it
is
equipped
with
a
speedometer
that
displays
its
speed
in
miles
per
hour.
6.
A
person
under
the
age
of
sixteen
shall
not
operate
a
class
3
low-speed
electric
bicycle.
A
person
under
the
age
of
sixteen
may
ride
as
a
passenger
on
a
class
3
low-speed
electric
bicycle
in
compliance
with
section
321.234,
subsection
4.
House
File
493,
p.
4
7.
A
person
operating
a
low-speed
electric
bicycle
on
a
highway
is
subject
to
the
provisions
of
this
chapter
applicable
to
a
rider
of
a
bicycle
on
a
highway
and
has
all
the
rights
and
duties
under
this
chapter
applicable
to
a
rider
of
a
bicycle,
except
those
provisions
of
this
chapter
which
by
their
nature
can
have
no
application,
or
except
as
otherwise
provided
in
this
section.
8.
Except
for
provisions
of
the
Code
made
specifically
applicable
to
low-speed
electric
bicycles
in
this
section,
low-speed
electric
bicycles
are
not
subject
to
provisions
of
the
Code
applicable
to
vehicles,
including
provisions
relating
to
all
of
the
following:
a.
Licensure,
registration,
titling,
inspection,
and
proof
of
financial
liability
coverage.
b.
Possession
of
a
driver’s
license
or
permit.
9.
a.
A
low-speed
electric
bicycle
may
be
operated
in
any
place
where
a
bicycle
is
allowed
to
operate,
including
but
not
limited
to
streets,
highways,
roadways,
shoulders,
bicycle
lanes,
bikeways,
and
bicycle
or
multi-use
paths.
b.
A
person
shall
not
operate
a
class
3
low-speed
electric
bicycle
on
a
bicycle
lane
or
multi-use
path
in
excess
of
the
posted
or
applicable
speed
limit,
or
if
there
is
no
posted
or
applicable
speed
limit,
twenty
miles
per
hour.
Sec.
6.
Section
322D.1,
subsection
8,
Code
2021,
is
amended
to
read
as
follows:
8.
“Motorcycle”
means
a
motor
vehicle
as
defined
in
section
321.1
other
than
an
all-terrain
vehicle,
which
has
a
saddle
or
seat
for
the
use
of
a
rider
and
that
is
designed
to
travel
on
not
more
than
two
wheels
in
contact
with
the
ground,
but
excluding
a
motorized
bicycle
,
a
low-speed
electric
bicycle,
or
autocycle
as
defined
in
section
321.1
.
Sec.
7.
Section
805.8A,
subsection
9A,
Code
2021,
is
amended
to
read
as
follows:
9A.
Electric
personal
assistive
mobility
device
violations.
For
electric
device
violations
under
section
321.235A
the
following
sections
,
the
scheduled
fine
is
twenty-five
dollars.
is
as
follows:
a.
Section
321.235A
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$25
b.
Section
321.235B
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$25
House
File
493,
p.
5
Sec.
8.
APPLICABILITY.
Section
321.235B,
subsections
1
and
2,
as
enacted
in
this
Act,
apply
to
low-speed
electric
bicycles
manufactured
or
distributed
on
or
after
January
1,
2022.
Sec.
9.
APPLICABILITY.
Section
321.235B,
subsections
3
and
4,
as
enacted
in
this
Act,
apply
to
low-speed
electric
bicycles
manufactured
or
distributed
on
or
after
the
effective
date
of
this
Act.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
493,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor