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House File 2409 - IntroducedA Bill ForAn Act 1relating to low-speed electric bicycles, providing
2penalties, making penalties applicable, and including
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 308A.1, subsection 1, Code 2020, is
2amended to read as follows:
31. The department of natural resources, in consultation
4with the state transportation commission, is hereby authorized
5to establish recreational bikeways within this state for the
6use, enjoyment, and participation of the public in nonmotorized
7 bicycling, not including the use of motorized bicycles as
8defined in section 321.1. The routes established for such
9bikeways shall be designed to maximize the safety of cyclists
10and motorists and may utilize secondary roads when the normal
11flow of motor vehicle traffic will not be hindered, as well
12as other infrequently traveled roads, streets, parkways, and
13appropriate thoroughfares. Such bikeways shall be routed,
14wherever possible, to allow the enjoyment of scenic views and
15points of historical interest, and may connect state parks and
16other recreational areas throughout the state.
17 Sec. 2. Section 321.1, Code 2020, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 036A. “Low-speed electric bicycle” means
20a device having a saddle or seat for the use of a rider, two
21or three wheels equipped with fully operable pedals, and an
22electric motor of less than seven hundred fifty watts that
23meets the requirements of one of the following classes:
24a. “Class 1 low-speed electric bicycle” means a low-speed
25electric bicycle equipped with a motor that may be used to
26provide assistance only when the rider is pedaling and that
27ceases to provide assistance when the bicycle reaches a speed
28of twenty miles per hour or more.
29b. “Class 2 low-speed electric bicycle” means a low-speed
30electric bicycle equipped with a motor that may be used
31exclusively to propel the bicycle and that is not capable of
32providing assistance when the bicycle reaches a speed of twenty
33miles per hour or more.
34c. “Class 3 low-speed electric bicycle” means a low-speed
35electric bicycle equipped with a motor that may be used to
-1-1provide assistance only when the rider is pedaling and that
2ceases to provide assistance when the bicycle reaches a speed
3of twenty-eight miles per hour or more.
4 Sec. 3. Section 321.1, subsection 40, Code 2020, is amended
5to read as follows:
6a. “Motorcycle” means every motor vehicle having a saddle or
7seat for the use of the rider and designed to travel on not more
8than three wheels in contact with the ground including a motor
9scooter but excluding a tractor, an autocycle, a low-speed
10electric bicycle, and a motorized bicycle.
11b. “Motorized bicycle” means a motor vehicle having a saddle
12or a seat for the use of a rider, designed to travel on not more
13than three wheels in contact with the ground, and not capable
14of operating at a speed in excess of thirty-nine miles per
15hour on level ground unassisted by human power, but excluding
16a low-speed electric bicycle.
17c. “Bicycle” means either of the following:
18(1) A device having two wheels and having at least one
19saddle or seat for the use of a rider which is propelled by
20human power.
21(2) A device having two or three wheels with fully operable
22pedals and an electric motor of less than seven hundred fifty
23watts (one horsepower), whose maximum speed on a paved level
24surface, when powered solely by such a motor while ridden, is
25less than twenty miles per hour A low-speed electric bicycle.
26 Sec. 4. Section 321.1, subsection 90, paragraph a, Code
272020, is amended to read as follows:
28a. Any device moved by human power, including a low-speed
29electric bicycle.
30 Sec. 5. NEW SECTION. 321.235B Low-speed electric bicycles
31— labels — operation.
321. A manufacturer or distributor of low-speed electric
33bicycles shall apply a label that is permanently affixed
34in a prominent location to each of the manufacturer’s or
35distributor’s low-speed electric bicycles. The label shall
-2-1contain all of the following information printed in arial font
2with a font size not less than nine point type:
3a. A classification number for the low-speed electric
4bicycle that corresponds with a class defined in section 321.1,
5subsection 036A.
6b. The low-speed electric bicycle’s top assisted speed.
7c. The low-speed electric bicycle’s motor wattage.
82. A person shall not knowingly modify the speed capability
9or engagement of a low-speed electric bicycle such that the
10low-speed electric bicycle does not qualify for a class defined
11in section 321.1, subsection 036A. If a person has modified
12the speed capability or engagement of a low-speed electric
13bicycle, the person shall affix a new label containing the
14information listed in subsection 1 to the modified low-speed
15electric bicycle.
163. A low-speed electric bicycle shall be manufactured and
17equipped in compliance with 16 C.F.R. pt.1512.
184. A low-speed electric bicycle shall be manufactured to
19operate in such a manner that when the rider stops pedaling,
20applies the brakes, or the electric motor is disengaged, the
21electric motor assist ceases to function.
225. A class 3 low-speed electric bicycle shall not be
23operated unless it is equipped with a speedometer that displays
24its speed in miles per hour.
256. A person under the age of sixteen shall not operate a
26class 3 low-speed electric bicycle. A person under the age of
27sixteen may ride as a passenger on a class 3 low-speed electric
28bicycle in compliance with section 321.234, subsection 4.
297. A person operating a low-speed electric bicycle on a
30highway is subject to the provisions of this chapter applicable
31to a rider of a bicycle on a highway and has all the rights and
32duties under this chapter applicable to a rider of a bicycle,
33except those provisions of this chapter which by their nature
34can have no application, or except as otherwise provided in
35this section.
-3- 18. Except for provisions of the Code made specifically
2applicable to low-speed electric bicycles in this section,
3low-speed electric bicycles are not subject to provisions of
4the Code applicable to vehicles, including provisions relating
5to all of the following:
6a. Licensure, registration, titling, inspection, and proof
7of financial liability coverage.
8b. Possession of a driver’s license or permit.
99. A low-speed electric bicycle may be operated in any
10place where a bicycle is allowed to operate, including but not
11limited to streets, highways, roadways, shoulders, bicycle
12lanes, bikeways, and bicycle or multi-use paths.
13 Sec. 6. Section 322D.1, subsection 8, Code 2020, is amended
14to read as follows:
158. “Motorcycle” means a motor vehicle as defined in section
16321.1 other than an all-terrain vehicle, which has a saddle
17or seat for the use of a rider and that is designed to travel
18on not more than two wheels in contact with the ground, but
19excluding a motorized bicycle, a low-speed electric bicycle, or
20autocycle as defined in section 321.1.
21 Sec. 7. Section 805.8A, subsection 9A, Code 2020, is amended
22to read as follows:
239A. Electric personal assistive mobility device
24violations. For electric device violations under section
25321.235A the following sections, the scheduled fine is fifteen
26dollars. is as follows:
27a. Section 321.235A$15
28b. Section 321.235B$15
29 Sec. 8. APPLICABILITY. Section 321.235B, subsections 1 and
302, as enacted in this Act, apply to low-speed electric bicycles
31manufactured or distributed on or after January 1, 2021.
32 Sec. 9. APPLICABILITY. Section 321.235B, subsections 3 and
334, as enacted in this Act, apply to low-speed electric bicycles
34manufactured or distributed on or after the effective date of
35this Act.
-4-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4Under current law, the definition of “bicycle” includes
5a device with fully operable pedals and an electric motor of
6less than 750 watts with a maximum speed of less than 20 miles
7per hour when powered solely by the electric motor. This bill
8strikes that provision and includes low-speed electric bicycles
9within the definition of “bicycle”. The bill defines the term
10“low-speed electric bicycle”, including three defined classes.
11The bill excludes low-speed electric bicycles from the
12definitions of “vehicle”, “motorcycle”, and “motorized bicycle”
13under Code section 321.1, thereby making the provisions of Code
14chapter 321 (motor vehicles and law of the road) relating to
15vehicles, motor vehicles, automobiles, cars, motorcycles, and
16motorized bicycles inapplicable to low-speed electric bicycles.
17The bill also excludes low-speed electric bicycles from the
18definition of “motorcycle” under Code section 322D.1.
19Under the bill, a person operating a low-speed electric
20bicycle on a highway is subject to the provisions of Code
21chapter 321 applicable to a rider of a bicycle on a highway and
22has all the rights and duties under Code chapter 321 applicable
23to a rider of a bicycle. Under Code section 321.234, a person
24riding a bicycle on a highway is subject to the provisions of
25Code chapter 321 and has all the rights and duties applicable
26to a driver of a vehicle, except those provisions which by
27their nature can have no application. Code section 321.234
28prohibits a person from using a bicycle on a highway to carry
29more persons at one time than the number of persons for which
30the bicycle is designed and equipped. Code section 321.281
31prohibits a person operating a motor vehicle from steering
32the motor vehicle unreasonably close to or toward a person
33riding a bicycle on a highway, including the roadway or the
34shoulder adjacent to the roadway, and prohibits a person from
35knowingly projecting any object or substance at or against a
-5-1person riding a bicycle on a highway. Code section 321.397
2requires bicycles to at certain times be equipped with a lamp
3on the front exhibiting a white light and a lamp on the rear
4exhibiting a red light, except that a red reflector may be used
5in lieu of a rear light. Code section 321.434 prohibits a
6bicycle from being equipped with, and a person from using upon
7a bicycle, any siren or whistle.
8By operation of law, a local authority is authorized to
9regulate low-speed electric bicycles under Code section
10321.236(10).
11The bill provides that except for provisions of the Code
12made specifically applicable to low-speed electric bicycles
13in the bill, low-speed electric bicycles are not subject to
14the provisions of the Code applicable to vehicles, including
15provisions relating to licensure, registration, titling,
16inspection, proof of financial liability coverage, and
17possession of a driver’s license or permit.
18The bill provides that a person may operate a low-speed
19electric bicycle any place where a bicycle is allowed to
20operate, including but not limited to streets, highways,
21roadways, shoulders, bicycle lanes, bikeways, and bicycle or
22multi-use paths.
23Beginning January 1, 2021, the bill requires manufacturers
24and distributors of low-speed electric bicycles to apply a
25label to each low-speed electric bicycle identifying the
26class of the bicycle, the bicycle’s top assisted speed, and
27the bicycle’s motor wattage. The bill further prohibits a
28person from modifying the speed capability or engagement of a
29low-speed electric bicycle such that the low-speed electric
30bicycle does not qualify for a class as provided for in the
31bill. A person who has modified the speed capability or
32engagement of a low-speed electric bicycle must affix a new
33label containing the required information as provided for in
34the bill to the modified low-speed electric bicycle.
35The bill also requires that low-speed electric bicycles
-6-1be manufactured in compliance with 16 C.F.R. pt.1512 and be
2manufactured to operate in such a manner that when the rider
3stops pedaling, applies the brakes, or the electric motor is
4disengaged, the electric motor assist ceases to function.
5The bill provides that a class 3 low-speed electric bicycle
6shall not be operated unless it is equipped with a speedometer
7that displays its speed in miles per hour. The bill also
8prohibits persons under the age of 16 from operating a class 3
9low-speed electric bicycle. However, such persons may ride as
10a passenger on a class 3 low-speed electric bicycle.
11A violation of the bill is punishable by a scheduled fine of
12$15.
13The bill makes a conforming change to Code section 308A.1
14related to the establishment of recreational bikeways.
-7-mo/ns
2penalties, making penalties applicable, and including
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 308A.1, subsection 1, Code 2020, is
2amended to read as follows:
31. The department of natural resources, in consultation
4with the state transportation commission, is hereby authorized
5to establish recreational bikeways within this state for the
6use, enjoyment, and participation of the public in nonmotorized
7 bicycling, not including the use of motorized bicycles as
8defined in section 321.1. The routes established for such
9bikeways shall be designed to maximize the safety of cyclists
10and motorists and may utilize secondary roads when the normal
11flow of motor vehicle traffic will not be hindered, as well
12as other infrequently traveled roads, streets, parkways, and
13appropriate thoroughfares. Such bikeways shall be routed,
14wherever possible, to allow the enjoyment of scenic views and
15points of historical interest, and may connect state parks and
16other recreational areas throughout the state.
17 Sec. 2. Section 321.1, Code 2020, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 036A. “Low-speed electric bicycle” means
20a device having a saddle or seat for the use of a rider, two
21or three wheels equipped with fully operable pedals, and an
22electric motor of less than seven hundred fifty watts that
23meets the requirements of one of the following classes:
24a. “Class 1 low-speed electric bicycle” means a low-speed
25electric bicycle equipped with a motor that may be used to
26provide assistance only when the rider is pedaling and that
27ceases to provide assistance when the bicycle reaches a speed
28of twenty miles per hour or more.
29b. “Class 2 low-speed electric bicycle” means a low-speed
30electric bicycle equipped with a motor that may be used
31exclusively to propel the bicycle and that is not capable of
32providing assistance when the bicycle reaches a speed of twenty
33miles per hour or more.
34c. “Class 3 low-speed electric bicycle” means a low-speed
35electric bicycle equipped with a motor that may be used to
-1-1provide assistance only when the rider is pedaling and that
2ceases to provide assistance when the bicycle reaches a speed
3of twenty-eight miles per hour or more.
4 Sec. 3. Section 321.1, subsection 40, Code 2020, is amended
5to read as follows:
6a. “Motorcycle” means every motor vehicle having a saddle or
7seat for the use of the rider and designed to travel on not more
8than three wheels in contact with the ground including a motor
9scooter but excluding a tractor, an autocycle, a low-speed
10electric bicycle, and a motorized bicycle.
11b. “Motorized bicycle” means a motor vehicle having a saddle
12or a seat for the use of a rider, designed to travel on not more
13than three wheels in contact with the ground, and not capable
14of operating at a speed in excess of thirty-nine miles per
15hour on level ground unassisted by human power, but excluding
16a low-speed electric bicycle.
17c. “Bicycle” means either of the following:
18(1) A device having two wheels and having at least one
19saddle or seat for the use of a rider which is propelled by
20human power.
21(2) A device having two or three wheels with fully operable
22pedals and an electric motor of less than seven hundred fifty
23watts (one horsepower), whose maximum speed on a paved level
24surface, when powered solely by such a motor while ridden, is
25less than twenty miles per hour A low-speed electric bicycle.
26 Sec. 4. Section 321.1, subsection 90, paragraph a, Code
272020, is amended to read as follows:
28a. Any device moved by human power, including a low-speed
29electric bicycle.
30 Sec. 5. NEW SECTION. 321.235B Low-speed electric bicycles
31— labels — operation.
321. A manufacturer or distributor of low-speed electric
33bicycles shall apply a label that is permanently affixed
34in a prominent location to each of the manufacturer’s or
35distributor’s low-speed electric bicycles. The label shall
-2-1contain all of the following information printed in arial font
2with a font size not less than nine point type:
3a. A classification number for the low-speed electric
4bicycle that corresponds with a class defined in section 321.1,
5subsection 036A.
6b. The low-speed electric bicycle’s top assisted speed.
7c. The low-speed electric bicycle’s motor wattage.
82. A person shall not knowingly modify the speed capability
9or engagement of a low-speed electric bicycle such that the
10low-speed electric bicycle does not qualify for a class defined
11in section 321.1, subsection 036A. If a person has modified
12the speed capability or engagement of a low-speed electric
13bicycle, the person shall affix a new label containing the
14information listed in subsection 1 to the modified low-speed
15electric bicycle.
163. A low-speed electric bicycle shall be manufactured and
17equipped in compliance with 16 C.F.R. pt.1512.
184. A low-speed electric bicycle shall be manufactured to
19operate in such a manner that when the rider stops pedaling,
20applies the brakes, or the electric motor is disengaged, the
21electric motor assist ceases to function.
225. A class 3 low-speed electric bicycle shall not be
23operated unless it is equipped with a speedometer that displays
24its speed in miles per hour.
256. A person under the age of sixteen shall not operate a
26class 3 low-speed electric bicycle. A person under the age of
27sixteen may ride as a passenger on a class 3 low-speed electric
28bicycle in compliance with section 321.234, subsection 4.
297. A person operating a low-speed electric bicycle on a
30highway is subject to the provisions of this chapter applicable
31to a rider of a bicycle on a highway and has all the rights and
32duties under this chapter applicable to a rider of a bicycle,
33except those provisions of this chapter which by their nature
34can have no application, or except as otherwise provided in
35this section.
-3- 18. Except for provisions of the Code made specifically
2applicable to low-speed electric bicycles in this section,
3low-speed electric bicycles are not subject to provisions of
4the Code applicable to vehicles, including provisions relating
5to all of the following:
6a. Licensure, registration, titling, inspection, and proof
7of financial liability coverage.
8b. Possession of a driver’s license or permit.
99. A low-speed electric bicycle may be operated in any
10place where a bicycle is allowed to operate, including but not
11limited to streets, highways, roadways, shoulders, bicycle
12lanes, bikeways, and bicycle or multi-use paths.
13 Sec. 6. Section 322D.1, subsection 8, Code 2020, is amended
14to read as follows:
158. “Motorcycle” means a motor vehicle as defined in section
16321.1 other than an all-terrain vehicle, which has a saddle
17or seat for the use of a rider and that is designed to travel
18on not more than two wheels in contact with the ground, but
19excluding a motorized bicycle, a low-speed electric bicycle, or
20autocycle as defined in section 321.1.
21 Sec. 7. Section 805.8A, subsection 9A, Code 2020, is amended
22to read as follows:
239A. Electric personal assistive mobility device
24violations. For electric device violations under section
25321.235A the following sections, the scheduled fine is fifteen
26dollars. is as follows:
27a. Section 321.235A$15
28b. Section 321.235B$15
29 Sec. 8. APPLICABILITY. Section 321.235B, subsections 1 and
302, as enacted in this Act, apply to low-speed electric bicycles
31manufactured or distributed on or after January 1, 2021.
32 Sec. 9. APPLICABILITY. Section 321.235B, subsections 3 and
334, as enacted in this Act, apply to low-speed electric bicycles
34manufactured or distributed on or after the effective date of
35this Act.
-4-1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
4Under current law, the definition of “bicycle” includes
5a device with fully operable pedals and an electric motor of
6less than 750 watts with a maximum speed of less than 20 miles
7per hour when powered solely by the electric motor. This bill
8strikes that provision and includes low-speed electric bicycles
9within the definition of “bicycle”. The bill defines the term
10“low-speed electric bicycle”, including three defined classes.
11The bill excludes low-speed electric bicycles from the
12definitions of “vehicle”, “motorcycle”, and “motorized bicycle”
13under Code section 321.1, thereby making the provisions of Code
14chapter 321 (motor vehicles and law of the road) relating to
15vehicles, motor vehicles, automobiles, cars, motorcycles, and
16motorized bicycles inapplicable to low-speed electric bicycles.
17The bill also excludes low-speed electric bicycles from the
18definition of “motorcycle” under Code section 322D.1.
19Under the bill, a person operating a low-speed electric
20bicycle on a highway is subject to the provisions of Code
21chapter 321 applicable to a rider of a bicycle on a highway and
22has all the rights and duties under Code chapter 321 applicable
23to a rider of a bicycle. Under Code section 321.234, a person
24riding a bicycle on a highway is subject to the provisions of
25Code chapter 321 and has all the rights and duties applicable
26to a driver of a vehicle, except those provisions which by
27their nature can have no application. Code section 321.234
28prohibits a person from using a bicycle on a highway to carry
29more persons at one time than the number of persons for which
30the bicycle is designed and equipped. Code section 321.281
31prohibits a person operating a motor vehicle from steering
32the motor vehicle unreasonably close to or toward a person
33riding a bicycle on a highway, including the roadway or the
34shoulder adjacent to the roadway, and prohibits a person from
35knowingly projecting any object or substance at or against a
-5-1person riding a bicycle on a highway. Code section 321.397
2requires bicycles to at certain times be equipped with a lamp
3on the front exhibiting a white light and a lamp on the rear
4exhibiting a red light, except that a red reflector may be used
5in lieu of a rear light. Code section 321.434 prohibits a
6bicycle from being equipped with, and a person from using upon
7a bicycle, any siren or whistle.
8By operation of law, a local authority is authorized to
9regulate low-speed electric bicycles under Code section
10321.236(10).
11The bill provides that except for provisions of the Code
12made specifically applicable to low-speed electric bicycles
13in the bill, low-speed electric bicycles are not subject to
14the provisions of the Code applicable to vehicles, including
15provisions relating to licensure, registration, titling,
16inspection, proof of financial liability coverage, and
17possession of a driver’s license or permit.
18The bill provides that a person may operate a low-speed
19electric bicycle any place where a bicycle is allowed to
20operate, including but not limited to streets, highways,
21roadways, shoulders, bicycle lanes, bikeways, and bicycle or
22multi-use paths.
23Beginning January 1, 2021, the bill requires manufacturers
24and distributors of low-speed electric bicycles to apply a
25label to each low-speed electric bicycle identifying the
26class of the bicycle, the bicycle’s top assisted speed, and
27the bicycle’s motor wattage. The bill further prohibits a
28person from modifying the speed capability or engagement of a
29low-speed electric bicycle such that the low-speed electric
30bicycle does not qualify for a class as provided for in the
31bill. A person who has modified the speed capability or
32engagement of a low-speed electric bicycle must affix a new
33label containing the required information as provided for in
34the bill to the modified low-speed electric bicycle.
35The bill also requires that low-speed electric bicycles
-6-1be manufactured in compliance with 16 C.F.R. pt.1512 and be
2manufactured to operate in such a manner that when the rider
3stops pedaling, applies the brakes, or the electric motor is
4disengaged, the electric motor assist ceases to function.
5The bill provides that a class 3 low-speed electric bicycle
6shall not be operated unless it is equipped with a speedometer
7that displays its speed in miles per hour. The bill also
8prohibits persons under the age of 16 from operating a class 3
9low-speed electric bicycle. However, such persons may ride as
10a passenger on a class 3 low-speed electric bicycle.
11A violation of the bill is punishable by a scheduled fine of
12$15.
13The bill makes a conforming change to Code section 308A.1
14related to the establishment of recreational bikeways.
-7-mo/ns