HSB 637 (LSB 6022YC (4) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON PUBLIC SAFETY BILL BY CHAIRPERSON VONDRAN)

A BILL FOR

An Act relating to nonvehicular personal transportation, including bicycles, electric personal assistive mobility devices, and pedestrian conveyances, providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.234, subsections 2, 3, 4, and 5, Code 2026, are amended by striking the subsections.
    Sec. 2.  NEW SECTION.  321.234B  Bicycles, electric personal assistive mobility devices, and pedestrian conveyances.
   1.  A person using a device on a highway is subject to the provisions of this chapter and has all the rights and duties under this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application and those provisions for which specific exceptions have been set forth regarding police bicycles. However, a person using a device on a highway is not required to register the device, hold a driver’s license, or maintain or carry proof of financial liability coverage for the device.
   2.  A person shall not use a device on a highway other than in a manner that complies with the device manufacturer’s recommended use and, if applicable, upon or astride a permanent and regular seat attached to the device, and shall not carry more persons at one time than the number of persons for which the device is designed and equipped. This subsection does not apply to the use of a device in a parade authorized by a proper permit from a local authority.
   3.  While using a device, a person shall not carry a package, bundle, or article that prevents the person from keeping the person’s hands on the handlebar or other steering mechanism of the device at all times.
   4.  A person using a device shall not hold onto or attach the device to a moving motor vehicle. This subsection does not prohibit a person from attaching a trailer or accessory designed for use with the device to the device.
   5.  A person shall not use a device on a roadway with a speed limit above twenty-five miles per hour. This subsection does not prohibit a person from using a device while in a bicycle lane or when crossing a roadway.
   6.  Except as provided in subsection 7, paragraph “b”, a device may be used on sidewalks and multi-use trails unless the use of a device is prohibited on the sidewalk or trail and notice of the prohibition is posted in a manner to alert users of the sidewalk or trail. A person using a device on a sidewalk or multi-use trail shall yield the right-of-way to pedestrians and give an audible signal before overtaking a pedestrian. A person shall not exceed twenty miles per hour when using a device on a sidewalk or multi-use trail.
   7.  If a device is a class 3 low-speed electric bicycle, the following restrictions apply:
   a.  A person shall not ride a class 3 low-speed electric bicycle unless it is equipped with a speedometer that displays its speed in miles per hour.
   b.  A person shall not ride a class 3 low-speed electric bicycle on a sidewalk or multi-use trail.
   c.  A person under the age of sixteen shall not ride a class 3 low-speed electric bicycle. This paragraph does not prohibit a person under the age of sixteen from riding as a passenger on a class 3 low-speed electric bicycle in compliance with subsection 2.
   8.  A person shall not use a device that is not equipped with at least one brake that allows the person to make the braked wheel skid on dry, level, clean pavement.
   9.  A violation of this section is a simple misdemeanor.
   10.  As used in this section:
   a.  “Device” includes a bicycle, a low-speed electric bicycle, an electric personal assistive mobility device, and a pedestrian conveyance when used to move the person who is using the pedestrian conveyance.
   b.  “Use” includes but is not limited to riding a bicycle.
    Sec. 3.  Section 321.235B, subsections 5, 6, 7, 8, and 9, Code 2026, are amended by striking the subsections.
    Sec. 4.  Section 321.236, subsections 10 and 14, Code 2026, are amended to read as follows:
   10.  Regulating the operation riding of bicycles and requiring the registration and licensing of the same, including the requirement of a registration fee. However, the regulations shall not conflict with the provisions of section 321.234 321.234B.
   14.  Regulating or prohibiting the operation of electric personal assistive mobility devices authorized pursuant to section 321.235A.  However, the regulations or prohibitions shall not conflict with the provisions of section 321.234B.
    Sec. 5.  Section 321.397, Code 2026, is amended to read as follows:
   321.397  Lamps on bicycles, devices, and personal conveyances.
   Every During the times specified in section 321.384, a person shall not ride a bicycle shall be or use an electric personal assistive mobility device or pedestrian conveyance to move the person unless the bicycle, device, or conveyance, as applicable, is equipped with a lamp on the front exhibiting a white light, at the times specified in section 321.384, visible from a distance of at least three hundred feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred feet to the rear; except that a red reflector may be used in lieu of a rear light. A peace officer riding a police bicycle is not required to use either front or rear lamps if duty so requires.
    Sec. 6.  Section 805.8A, subsection 9, paragraph a, Code 2026, is amended by striking the paragraph.
    Sec. 7.  Section 805.8A, subsection 9A, Code 2026, is amended to read as follows:
   9A.  Electric device Low-speed electric bicycle violations.  For electric device low-speed electric bicycle violations under the following sections section 321.235B, the scheduled fine is as follows: twenty-five dollars.
   a.  Section 321.235A $ 25.
   b.  Section 321.235B $ 25.
    Sec. 8.  REPEAL.  Section 321.235A, Code 2026, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill regulates persons riding a bicycle, including a low-speed electric bicycle, or using an electric personal assistive mobility device or pedestrian conveyance when used to move the person using the conveyance. For purposes of the bill, “device” refers to all of these modes of transportation.
   Under current law, a person riding a bicycle on the highway is subject to the provisions of Code chapter 321 (motor vehicles and law of the road) and has all the rights and duties applicable to the driver of a vehicle, except those provisions which by their nature can have no application and those provisions for which specific exceptions have been set forth regarding police bicycles. As such, among other regulations, a person riding a bicycle on a highway must obey the speed limit, not use an electronic device, avoid riding recklessly, and maintain control of the bicycle. The bill expands this provision and applies it to the use of any device. However, in accordance with current law, a person is not required to register a device, hold a driver’s license, or maintain or carry proof of financial liability coverage for the device.
   The bill prohibits a person from using a device on a highway other than in a manner that complies with the device manufacturer’s recommended use and, if applicable, upon or astride a permanent and regular seat attached to the device, and prohibits the person from carrying more persons at one time than the number of persons for which the device is designed and equipped. These regulations exist under current law for persons riding a bicycle, and the bill expands these regulations to persons using any device.
   The bill prohibits a person using a device from carrying a package, bundle, or article that prevents the person from keeping the person’s hands on the handlebar or other steering mechanism of the device at all times. Additionally, a person using a device is prohibited from holding onto or attaching the device to a moving motor vehicle.
   The bill prohibits a person from using a device on a roadway with a speed limit above 25 miles per hour, except when crossing such a roadway or when using the device in a bicycle lane.
   The bill authorizes a person to use a device on sidewalks and multi-use trails unless using a device is prohibited and notice of the prohibition is posted. In accordance with current law, a local authority may regulate the operation of bicycles and require the registration and licensing of the bicycles, including the requirement of a registration fee, so long as the regulations do not conflict with the bill. A person using a device on a sidewalk or multi-use trail must yield the right-of-way to pedestrians and give an audible signal before overtaking a pedestrian. The bill prohibits using a device at a rate of speed greater than 20 miles per hour (MPH) on a sidewalk or multi-use trail, and prohibits the use of a class 3 low-speed electric bicycle on a sidewalk or multi-use trail. Pursuant to current law, a class 3 low-speed electric bicycle must be equipped with fully operable pedals and a motor of less than 750 watts 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 28 MPH or more. The bill moves but retains the current requirement for a class 3 low-speed electric bicycle to have a speedometer that displays the bicycle’s speed in MPH and the prohibition against persons under the age of 16 operating a class 3 low-speed electric bicycle.
   The bill requires a device to be equipped with at least one brake that allows the person to make the braked wheel skid on dry, level, clean pavement.
   Current law requires every bicycle to be equipped with a lamp on the front exhibiting a white light, at the times specified in Code section 321.384 (when lighted lamps required), visible from a distance of at least 300 feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of 300 feet to the rear; except that a red reflector may be used in lieu of a rear light. The bill expands this regulation and applies it to the use of any device.
   A violation of the bill, other than the requirement to use a light or reflector ($35 scheduled fine), is a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. This is an increase over the penalty for violations specific to bicycles under current law, a $35 scheduled fine, and the penalty for violations specific to electric personal assistive mobility devices or low-speed electric bicycles under current law, a $25 scheduled fine.
   The bill makes conforming changes to Code section 805.8A.