Senate File 2182

                                       SENATE FILE       
                                       BY  HOLVECK


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the applicability of motor vehicle laws to
  2    persons operating wheelchairs.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5899XS 80
  5 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 self=balancing device powered by an electric propulsion system
  1  5 that averages seven hundred fifty watts, has two nontandem
  1  6 wheels, and is designed to transport one person, with a
  1  7 maximum speed on a paved level surface of less than twenty
  1  8 miles per hour.  The maximum speed shall be calculated based
  1  9 on operation of the device by a person who weighs one hundred
  1 10 seventy pounds when the device is powered solely by the
  1 11 electric propulsion system.  For purposes of this chapter,
  1 12 "electric personal assistive mobility device" does not include
  1 13 an assistive device as defined in section 216E.1.
  1 14    Sec. 2.  Section 321.1, subsection 42, paragraph a, Code
  1 15 Supplement 2003, is amended to read as follows:
  1 16    a.  "Motor vehicle" means a vehicle which is self=
  1 17 propelled, but not including a motorized wheelchair, or
  1 18 vehicles known as trackless trolleys which are propelled by
  1 19 electric power obtained from overhead trolley wires and are
  1 20 not operated upon rails.
  1 21    Sec. 3.  Section 321.1, subsection 51, Code Supplement
  1 22 2003, is amended to read as follows:
  1 23    51.  "Pedestrian" means any a person afoot or a person
  1 24 operating a wheelchair.
  1 25                           EXPLANATION
  1 26    This bill amends several definitions in Code chapter 321 to
  1 27 exempt persons operating motorized wheelchairs from laws and
  1 28 regulations applicable to motor vehicles and electric personal
  1 29 assistive mobility devices.
  1 30    The bill amends the definition of pedestrian to include a
  1 31 person in a wheelchair, thus subjecting such persons to Code
  1 32 chapter 321 provisions relating to pedestrians.  The
  1 33 definition of "motor vehicle" is amended to specify that a
  1 34 motorized wheelchair is not a motor vehicle.  The bill also
  1 35 provides that an assistive device, such as a wheelchair, that
  2  1 is used to increase, maintain, or improve the functional
  2  2 capabilities of an individual with a disability is not an
  2  3 electric personal assistive mobility device.
  2  4 LSB 5899XS 80
  2  5 dea/gg/14