House Study Bill 38 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON TRANSPORTATION BILL BY CHAIRPERSON HINSON) A BILL FOR An Act relating to electric standup scooters, and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1300YC (7) 88 ns/rh
H.F. _____ Section 1. Section 321.1, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 20C. “Electric standup scooter” means any 3 device weighing less than one hundred pounds that is equipped 4 with two or three wheels, handlebars, and a floorboard capable 5 of supporting a standing rider, and which is solely powered by 6 the rider or by an electric motor capable of propelling the 7 device, with or without additional propulsion supplied by the 8 rider, at a maximum speed on a paved level surface of no more 9 than twenty miles per hour, or both. 10 Sec. 2. Section 321.1, subsection 90, Code 2019, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . e. An electric standup scooter. 13 Sec. 3. NEW SECTION . 321.235B Electric standup scooters. 14 1. A person may operate an electric standup scooter on 15 highways, bikeways, and sidewalks in accordance with this 16 section. 17 2. A person operating an electric standup scooter on a 18 highway is subject to the provisions of this chapter applicable 19 to a rider of a bicycle on a highway and has all the rights and 20 duties under this chapter applicable to a rider of a bicycle, 21 except those provisions of this chapter which by their nature 22 can have no application, or except as otherwise provided in 23 this section. 24 3. Except for provisions of the Code made specifically 25 applicable to electric standup scooters in this section, 26 electric standup scooters are not subject to provisions of the 27 Code applicable to vehicles, including provisions relating to 28 all of the following: 29 a. Licensure, registration, titling, inspection, and proof 30 of financial liability coverage. 31 b. Possession of a driver’s license or permit. 32 c. The rental of motor vehicles. 33 4. A person operating an electric standup scooter on a 34 bikeway or sidewalk shall do all of the following: 35 -1- LSB 1300YC (7) 88 ns/rh 1/ 4
H.F. _____ a. Yield the right-of-way to pedestrians and human-powered 1 devices. 2 b. Give an audible signal before overtaking and passing a 3 pedestrian or human-powered device. 4 5. An electric standup scooter shall, at the times 5 specified in section 321.384, be equipped with lamps meeting 6 the requirements of bicycle lamps under section 321.397. This 7 subsection shall not be construed to authorize the use of a red 8 reflector in lieu of a rear lamp. 9 6. A person may park an electric standup scooter at any 10 location where parking a bicycle is allowed. However, by 11 parking an electric standup scooter, a person shall not impede 12 the normal or reasonable movement of pedestrian or other 13 traffic. 14 7. A person convicted of a violation of this section is 15 guilty of a simple misdemeanor punishable as a scheduled 16 violation under section 805.8A, subsection 9A. 17 Sec. 4. Section 805.8A, subsection 9A, Code 2019, is amended 18 to read as follows: 19 9A. Electric personal assistive mobility device 20 violations. For electric device violations under section 21 321.235A the following sections , the scheduled fine is fifteen 22 dollars. as follows: 23 a. Section 321.235A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15. 24 b. Section 321.235B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill regulates the operation of electric standup 29 scooters. The bill defines “electric standup scooter” to mean 30 any device weighing less than 100 pounds that is equipped with 31 two or three wheels, handlebars, and a floorboard capable of 32 supporting a standing rider, and which is solely powered by 33 the rider or by an electric motor capable of propelling the 34 device, with or without additional propulsion supplied by the 35 -2- LSB 1300YC (7) 88 ns/rh 2/ 4
H.F. _____ rider, at a maximum speed on a paved level surface of no more 1 than 20 miles per hour, or both. The bill excludes electric 2 standup scooters from the definition of “vehicle” under Code 3 section 321.1, thereby making the provisions of Code chapter 4 321 (motor vehicles and law of the road) relating to vehicles, 5 motor vehicles, automobiles, and cars inapplicable to electric 6 standup scooters. 7 The bill authorizes a person to operate an electric standup 8 scooter on highways, bikeways, and sidewalks. 9 The bill provides that a person operating an electric 10 standup scooter on a highway is subject to the provisions 11 of Code chapter 321 applicable to a rider of a bicycle on a 12 highway and has all the rights and duties under Code chapter 13 321 applicable to a rider of a bicycle, except those provisions 14 which by their nature can have no application, or except as 15 otherwise provided in the bill. Under Code section 321.234, 16 a person riding a bicycle on a highway is subject to the 17 provisions of Code chapter 321 and has all the rights and 18 duties applicable to a driver of a vehicle, except those 19 provisions which by their nature can have no application. Code 20 section 321.194 also prohibits a person from using a bicycle on 21 a highway to carry more persons at one time than the number of 22 persons for which the bicycle is designed and equipped. Code 23 section 321.281 prohibits a person operating a motor vehicle 24 from steering the motor vehicle unreasonably close to or toward 25 a person riding a bicycle on a highway, including the roadway 26 or the shoulder adjacent to the roadway, and prohibits a person 27 from knowingly projecting any object or substance at or against 28 a person riding a bicycle on a highway. Code section 321.434 29 prohibits a bicycle from being equipped with, and a person from 30 using upon a bicycle, any siren or whistle. 31 The bill provides that except for provisions of the Code made 32 specifically applicable to electric standup scooters in the 33 bill, electric standup scooters are not subject to provisions 34 of the Code applicable to vehicles, including provisions 35 -3- LSB 1300YC (7) 88 ns/rh 3/ 4
H.F. _____ relating to licensure, registration, titling, inspection, proof 1 of financial liability coverage, possession of a driver’s 2 license or permit, and the rental of motor vehicles. 3 The bill requires a person operating an electric standup 4 scooter on a bikeway or sidewalk to yield the right-of-way 5 to pedestrians and human-powered devices, and to give an 6 audible signal before overtaking and passing a pedestrian or 7 human-powered device. 8 The bill requires an electric standup scooter to, at the 9 times specified in Code section 321.384, be equipped with 10 lamps meeting the requirements of bicycle lamps under Code 11 section 321.397. The times specified in Code section 321.384 12 include any time from sunset to sunrise, and at such other 13 times when conditions such as fog, snow, sleet, or rain provide 14 insufficient lighting to render clearly discernible persons and 15 vehicles on the highway at a distance of 500 feet ahead. Code 16 section 321.397 requires front bicycle lamps to exhibit a white 17 light visible from a distance of at least 300 feet to the front 18 and rear bicycle lamps to exhibit a red light visible from a 19 distance of 300 feet to the rear. The bill does not authorize 20 the use of a red reflector in lieu of a rear lamp. 21 The bill allows a person to park an electric standup scooter 22 at any location where parking a bicycle is allowed. However, 23 the bill provides that by parking an electric standup scooter, 24 a person is prohibited from impeding the normal or reasonable 25 movement of pedestrian or other traffic. 26 A violation of the bill is punishable by a scheduled fine of 27 $15. 28 -4- LSB 1300YC (7) 88 ns/rh 4/ 4