Senate File 2010
SENATE FILE
BY KIBBIE, BOLKCOM, BLACK,
DVORSKY, CONNOLLY, COURTNEY,
FRAISE, GRONSTAL, HATCH,
HOLVECK, HORN, KREIMAN,
McCOY, QUIRMBACH, RAGAN,
SENG, STEWART and WARNSTADT
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the operation of electric personal assistive
2 mobility devices, making a penalty applicable, and providing
3 an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5475SS 80
6 dea/gg/14
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