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House Study Bill 38 - IntroducedA Bill ForAn Act 1relating to electric standup scooters, and providing
2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 20C. “Electric standup scooter” means any
4device weighing less than one hundred pounds that is equipped
5with two or three wheels, handlebars, and a floorboard capable
6of supporting a standing rider, and which is solely powered by
7the rider or by an electric motor capable of propelling the
8device, with or without additional propulsion supplied by the
9rider, at a maximum speed on a paved level surface of no more
10than twenty miles per hour, or both.
11 Sec. 2. Section 321.1, subsection 90, Code 2019, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. e. An electric standup scooter.
14 Sec. 3. NEW SECTION. 321.235B Electric standup scooters.
151. A person may operate an electric standup scooter on
16highways, bikeways, and sidewalks in accordance with this
17section.
182. A person operating an electric standup scooter on a
19highway is subject to the provisions of this chapter applicable
20to a rider of a bicycle on a highway and has all the rights and
21duties under this chapter applicable to a rider of a bicycle,
22except those provisions of this chapter which by their nature
23can have no application, or except as otherwise provided in
24this section.
253. Except for provisions of the Code made specifically
26applicable to electric standup scooters in this section,
27electric standup scooters are not subject to provisions of the
28Code applicable to vehicles, including provisions relating to
29all of the following:
30a. Licensure, registration, titling, inspection, and proof
31of financial liability coverage.
32b. Possession of a driver’s license or permit.
33c. The rental of motor vehicles.
344. A person operating an electric standup scooter on a
35bikeway or sidewalk shall do all of the following:
-1- 1a. Yield the right-of-way to pedestrians and human-powered
2devices.
3b. Give an audible signal before overtaking and passing a
4pedestrian or human-powered device.
55. An electric standup scooter shall, at the times
6specified in section 321.384, be equipped with lamps meeting
7the requirements of bicycle lamps under section 321.397. This
8subsection shall not be construed to authorize the use of a red
9reflector in lieu of a rear lamp.
106. A person may park an electric standup scooter at any
11location where parking a bicycle is allowed. However, by
12parking an electric standup scooter, a person shall not impede
13the normal or reasonable movement of pedestrian or other
14traffic.
157. A person convicted of a violation of this section is
16guilty of a simple misdemeanor punishable as a scheduled
17violation under section 805.8A, subsection 9A.
18 Sec. 4. Section 805.8A, subsection 9A, Code 2019, is amended
19to read as follows:
209A. Electric personal assistive mobility device
21violations. For electric device violations under section
22321.235A the following sections, the scheduled fine is fifteen
23dollars. as follows:
24a. Section 321.235A$15.
25b. Section 321.235B$15.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill regulates the operation of electric standup
30scooters. The bill defines “electric standup scooter” to mean
31any device weighing less than 100 pounds that is equipped with
32two or three wheels, handlebars, and a floorboard capable of
33supporting a standing rider, and which is solely powered by
34the rider or by an electric motor capable of propelling the
35device, with or without additional propulsion supplied by the
-2-1rider, at a maximum speed on a paved level surface of no more
2than 20 miles per hour, or both. The bill excludes electric
3standup scooters from the definition of “vehicle” under Code
4section 321.1, thereby making the provisions of Code chapter
5321 (motor vehicles and law of the road) relating to vehicles,
6motor vehicles, automobiles, and cars inapplicable to electric
7standup scooters.
8The bill authorizes a person to operate an electric standup
9scooter on highways, bikeways, and sidewalks.
10The bill provides that a person operating an electric
11standup scooter on a highway is subject to the provisions
12of Code chapter 321 applicable to a rider of a bicycle on a
13highway and has all the rights and duties under Code chapter
14321 applicable to a rider of a bicycle, except those provisions
15which by their nature can have no application, or except as
16otherwise provided in the bill. Under Code section 321.234,
17a person riding a bicycle on a highway is subject to the
18provisions of Code chapter 321 and has all the rights and
19duties applicable to a driver of a vehicle, except those
20provisions which by their nature can have no application. Code
21section 321.194 also prohibits a person from using a bicycle on
22a highway to carry more persons at one time than the number of
23persons for which the bicycle is designed and equipped. Code
24section 321.281 prohibits a person operating a motor vehicle
25from steering the motor vehicle unreasonably close to or toward
26a person riding a bicycle on a highway, including the roadway
27or the shoulder adjacent to the roadway, and prohibits a person
28from knowingly projecting any object or substance at or against
29a person riding a bicycle on a highway. Code section 321.434
30prohibits a bicycle from being equipped with, and a person from
31using upon a bicycle, any siren or whistle.
32The bill provides that except for provisions of the Code made
33specifically applicable to electric standup scooters in the
34bill, electric standup scooters are not subject to provisions
35of the Code applicable to vehicles, including provisions
-3-1relating to licensure, registration, titling, inspection, proof
2of financial liability coverage, possession of a driver’s
3license or permit, and the rental of motor vehicles.
4The bill requires a person operating an electric standup
5scooter on a bikeway or sidewalk to yield the right-of-way
6to pedestrians and human-powered devices, and to give an
7audible signal before overtaking and passing a pedestrian or
8human-powered device.
9The bill requires an electric standup scooter to, at the
10times specified in Code section 321.384, be equipped with
11lamps meeting the requirements of bicycle lamps under Code
12section 321.397. The times specified in Code section 321.384
13include any time from sunset to sunrise, and at such other
14times when conditions such as fog, snow, sleet, or rain provide
15insufficient lighting to render clearly discernible persons and
16vehicles on the highway at a distance of 500 feet ahead. Code
17section 321.397 requires front bicycle lamps to exhibit a white
18light visible from a distance of at least 300 feet to the front
19and rear bicycle lamps to exhibit a red light visible from a
20distance of 300 feet to the rear. The bill does not authorize
21the use of a red reflector in lieu of a rear lamp.
22The bill allows a person to park an electric standup scooter
23at any location where parking a bicycle is allowed. However,
24the bill provides that by parking an electric standup scooter,
25a person is prohibited from impeding the normal or reasonable
26movement of pedestrian or other traffic.
27A violation of the bill is punishable by a scheduled fine of
28$15.
-4-ns/rh
2penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.1, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 20C. “Electric standup scooter” means any
4device weighing less than one hundred pounds that is equipped
5with two or three wheels, handlebars, and a floorboard capable
6of supporting a standing rider, and which is solely powered by
7the rider or by an electric motor capable of propelling the
8device, with or without additional propulsion supplied by the
9rider, at a maximum speed on a paved level surface of no more
10than twenty miles per hour, or both.
11 Sec. 2. Section 321.1, subsection 90, Code 2019, is amended
12by adding the following new paragraph:
13 NEW PARAGRAPH. e. An electric standup scooter.
14 Sec. 3. NEW SECTION. 321.235B Electric standup scooters.
151. A person may operate an electric standup scooter on
16highways, bikeways, and sidewalks in accordance with this
17section.
182. A person operating an electric standup scooter on a
19highway is subject to the provisions of this chapter applicable
20to a rider of a bicycle on a highway and has all the rights and
21duties under this chapter applicable to a rider of a bicycle,
22except those provisions of this chapter which by their nature
23can have no application, or except as otherwise provided in
24this section.
253. Except for provisions of the Code made specifically
26applicable to electric standup scooters in this section,
27electric standup scooters are not subject to provisions of the
28Code applicable to vehicles, including provisions relating to
29all of the following:
30a. Licensure, registration, titling, inspection, and proof
31of financial liability coverage.
32b. Possession of a driver’s license or permit.
33c. The rental of motor vehicles.
344. A person operating an electric standup scooter on a
35bikeway or sidewalk shall do all of the following:
-1- 1a. Yield the right-of-way to pedestrians and human-powered
2devices.
3b. Give an audible signal before overtaking and passing a
4pedestrian or human-powered device.
55. An electric standup scooter shall, at the times
6specified in section 321.384, be equipped with lamps meeting
7the requirements of bicycle lamps under section 321.397. This
8subsection shall not be construed to authorize the use of a red
9reflector in lieu of a rear lamp.
106. A person may park an electric standup scooter at any
11location where parking a bicycle is allowed. However, by
12parking an electric standup scooter, a person shall not impede
13the normal or reasonable movement of pedestrian or other
14traffic.
157. A person convicted of a violation of this section is
16guilty of a simple misdemeanor punishable as a scheduled
17violation under section 805.8A, subsection 9A.
18 Sec. 4. Section 805.8A, subsection 9A, Code 2019, is amended
19to read as follows:
209A. Electric personal assistive mobility device
21violations. For electric device violations under section
22321.235A the following sections, the scheduled fine is fifteen
23dollars. as follows:
24a. Section 321.235A$15.
25b. Section 321.235B$15.
26EXPLANATION
27The inclusion of this explanation does not constitute agreement with
28the explanation’s substance by the members of the general assembly.
29This bill regulates the operation of electric standup
30scooters. The bill defines “electric standup scooter” to mean
31any device weighing less than 100 pounds that is equipped with
32two or three wheels, handlebars, and a floorboard capable of
33supporting a standing rider, and which is solely powered by
34the rider or by an electric motor capable of propelling the
35device, with or without additional propulsion supplied by the
-2-1rider, at a maximum speed on a paved level surface of no more
2than 20 miles per hour, or both. The bill excludes electric
3standup scooters from the definition of “vehicle” under Code
4section 321.1, thereby making the provisions of Code chapter
5321 (motor vehicles and law of the road) relating to vehicles,
6motor vehicles, automobiles, and cars inapplicable to electric
7standup scooters.
8The bill authorizes a person to operate an electric standup
9scooter on highways, bikeways, and sidewalks.
10The bill provides that a person operating an electric
11standup scooter on a highway is subject to the provisions
12of Code chapter 321 applicable to a rider of a bicycle on a
13highway and has all the rights and duties under Code chapter
14321 applicable to a rider of a bicycle, except those provisions
15which by their nature can have no application, or except as
16otherwise provided in the bill. Under Code section 321.234,
17a person riding a bicycle on a highway is subject to the
18provisions of Code chapter 321 and has all the rights and
19duties applicable to a driver of a vehicle, except those
20provisions which by their nature can have no application. Code
21section 321.194 also prohibits a person from using a bicycle on
22a highway to carry more persons at one time than the number of
23persons for which the bicycle is designed and equipped. Code
24section 321.281 prohibits a person operating a motor vehicle
25from steering the motor vehicle unreasonably close to or toward
26a person riding a bicycle on a highway, including the roadway
27or the shoulder adjacent to the roadway, and prohibits a person
28from knowingly projecting any object or substance at or against
29a person riding a bicycle on a highway. Code section 321.434
30prohibits a bicycle from being equipped with, and a person from
31using upon a bicycle, any siren or whistle.
32The bill provides that except for provisions of the Code made
33specifically applicable to electric standup scooters in the
34bill, electric standup scooters are not subject to provisions
35of the Code applicable to vehicles, including provisions
-3-1relating to licensure, registration, titling, inspection, proof
2of financial liability coverage, possession of a driver’s
3license or permit, and the rental of motor vehicles.
4The bill requires a person operating an electric standup
5scooter on a bikeway or sidewalk to yield the right-of-way
6to pedestrians and human-powered devices, and to give an
7audible signal before overtaking and passing a pedestrian or
8human-powered device.
9The bill requires an electric standup scooter to, at the
10times specified in Code section 321.384, be equipped with
11lamps meeting the requirements of bicycle lamps under Code
12section 321.397. The times specified in Code section 321.384
13include any time from sunset to sunrise, and at such other
14times when conditions such as fog, snow, sleet, or rain provide
15insufficient lighting to render clearly discernible persons and
16vehicles on the highway at a distance of 500 feet ahead. Code
17section 321.397 requires front bicycle lamps to exhibit a white
18light visible from a distance of at least 300 feet to the front
19and rear bicycle lamps to exhibit a red light visible from a
20distance of 300 feet to the rear. The bill does not authorize
21the use of a red reflector in lieu of a rear lamp.
22The bill allows a person to park an electric standup scooter
23at any location where parking a bicycle is allowed. However,
24the bill provides that by parking an electric standup scooter,
25a person is prohibited from impeding the normal or reasonable
26movement of pedestrian or other traffic.
27A violation of the bill is punishable by a scheduled fine of
28$15.
-4-ns/rh