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House Study Bill 80 - 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 2021, 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 2021, 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 2021, is amended
5to read as follows:
640. a. “Motorcycle” means every motor vehicle having
7a saddle or seat for the use of the rider and designed to
8travel on not more than three wheels in contact with the
9ground including a motor scooter but excluding a tractor,
10an autocycle, a low-speed electric bicycle, and a motorized
11bicycle.
12b. “Motorized bicycle” means a motor vehicle having a saddle
13or a seat for the use of a rider, designed to travel on not more
14than three wheels in contact with the ground, and not capable
15of operating at a speed in excess of thirty-nine miles per
16hour on level ground unassisted by human power, but excluding
17a low-speed electric bicycle.
18c. “Bicycle” means either of the following:
19(1) A device having two or three wheels and having at least
20one saddle or seat for the use of a rider which is propelled by
21human power.
22(2) A device having two or three wheels with fully operable
23pedals and an electric motor of less than seven hundred fifty
24watts (one horsepower), whose maximum speed on a paved level
25surface, when powered solely by such a motor while ridden, is
26less than twenty miles per hour A low-speed electric bicycle.
27 Sec. 4. Section 321.1, subsection 90, paragraph a, Code
282021, is amended to read as follows:
29a. Any device moved by human power, including a low-speed
30electric bicycle.
31 Sec. 5. NEW SECTION. 321.235B Low-speed electric bicycles
32— labels — operation.
331. A manufacturer or distributor of low-speed electric
34bicycles shall apply a label that is permanently affixed
35in a prominent location to each of the manufacturer’s or
-2-1distributor’s low-speed electric bicycles. The label shall
2contain all of the following information printed in arial font
3with a font size not less than nine point type:
4a. A classification number for the low-speed electric
5bicycle that corresponds with a class defined in section 321.1,
6subsection 036A.
7b. The low-speed electric bicycle’s top assisted speed.
8c. The low-speed electric bicycle’s motor wattage.
92. A person shall not knowingly modify the speed capability
10or engagement of a low-speed electric bicycle such that the
11low-speed electric bicycle does not qualify for a class defined
12in section 321.1, subsection 036A. If a person has modified
13the speed capability or engagement of a low-speed electric
14bicycle, the person shall affix a new label containing the
15information listed in subsection 1 to the modified low-speed
16electric bicycle.
173. A low-speed electric bicycle shall be manufactured and
18equipped in compliance with 16 C.F.R. pt.1512.
194. A low-speed electric bicycle shall be manufactured to
20operate in such a manner that when the rider stops pedaling,
21applies the brakes, or the electric motor is disengaged, the
22electric motor assist ceases to function.
235. A class 3 low-speed electric bicycle shall not be
24operated unless it is equipped with a speedometer that displays
25its speed in miles per hour.
266. A person under the age of sixteen shall not operate a
27class 3 low-speed electric bicycle. A person under the age of
28sixteen may ride as a passenger on a class 3 low-speed electric
29bicycle in compliance with section 321.234, subsection 4.
307. A person operating a low-speed electric bicycle on a
31highway is subject to the provisions of this chapter applicable
32to a rider of a bicycle on a highway and has all the rights and
33duties under this chapter applicable to a rider of a bicycle,
34except those provisions of this chapter which by their nature
35can have no application, or except as otherwise provided in
-3-1this section.
28. Except for provisions of the Code made specifically
3applicable to low-speed electric bicycles in this section,
4low-speed electric bicycles are not subject to provisions of
5the Code applicable to vehicles, including provisions relating
6to all of the following:
7a. Licensure, registration, titling, inspection, and proof
8of financial liability coverage.
9b. Possession of a driver’s license or permit.
109. A low-speed electric bicycle may be operated in any
11place where a bicycle is allowed to operate, including but not
12limited to streets, highways, roadways, shoulders, bicycle
13lanes, bikeways, and bicycle or multi-use paths.
14 Sec. 6. Section 322D.1, subsection 8, Code 2021, is amended
15to read as follows:
168. “Motorcycle” means a motor vehicle as defined in section
17321.1 other than an all-terrain vehicle, which has a saddle
18or seat for the use of a rider and that is designed to travel
19on not more than two wheels in contact with the ground, but
20excluding a motorized bicycle, a low-speed electric bicycle, or
21autocycle as defined in section 321.1.
22 Sec. 7. Section 805.8A, subsection 9A, Code 2021, is amended
23to read as follows:
249A. Electric personal assistive mobility device
25violations. For electric device violations under section
26321.235A the following sections, the scheduled fine is
27twenty-five dollars. is as follows:
28a. Section 321.235A$25
29b. Section 321.235B$25
30 Sec. 8. APPLICABILITY. Section 321.235B, subsections 1 and
312, as enacted in this Act, apply to low-speed electric bicycles
32manufactured or distributed on or after January 1, 2022.
33 Sec. 9. APPLICABILITY. Section 321.235B, subsections 3 and
344, as enacted in this Act, apply to low-speed electric bicycles
35manufactured or distributed on or after the effective date of
-4-1this Act.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5Under current law, the definition of “bicycle” includes
6a device with fully operable pedals and an electric motor of
7less than 750 watts with a maximum speed of less than 20 miles
8per hour when powered solely by the electric motor. This
9bill strikes that provision and includes low-speed electric
10bicycles within the definition of “bicycle”. The bill also
11expands the definition of “bicycle” to include devices with
12three wheels. The bill defines the term “low-speed electric
13bicycle”, including three defined classes. The bill excludes
14low-speed electric bicycles from the definitions of “vehicle”,
15“motorcycle”, and “motorized bicycle” under Code section
16321.1, thereby making the provisions of Code chapter 321
17(motor vehicles and law of the road) relating to vehicles,
18motor vehicles, automobiles, cars, motorcycles, and motorized
19bicycles inapplicable to low-speed electric bicycles. The bill
20also excludes low-speed electric bicycles from the definition
21of “motorcycle” under Code section 322D.1.
22Under the bill, a person operating a low-speed electric
23bicycle on a highway is subject to the provisions of Code
24chapter 321 applicable to a rider of a bicycle on a highway and
25has all the rights and duties under Code chapter 321 applicable
26to a rider of a bicycle. Under Code section 321.234, a person
27riding a bicycle on a highway is subject to the provisions of
28Code chapter 321 and has all the rights and duties applicable
29to a driver of a vehicle, except those provisions which by
30their nature can have no application. Code section 321.234
31prohibits a person from using a bicycle on a highway to carry
32more persons at one time than the number of persons for which
33the bicycle is designed and equipped. Code section 321.281
34prohibits a person operating a motor vehicle from steering
35the motor vehicle unreasonably close to or toward a person
-5-1riding a bicycle on a highway, including the roadway or the
2shoulder adjacent to the roadway, and prohibits a person from
3knowingly projecting any object or substance at or against a
4person riding a bicycle on a highway. Code section 321.397
5requires bicycles to at certain times be equipped with a lamp
6on the front exhibiting a white light and a lamp on the rear
7exhibiting a red light, except that a red reflector may be used
8in lieu of a rear light. Code section 321.434 prohibits a
9bicycle from being equipped with, and a person from using upon
10a bicycle, any siren or whistle.
11By operation of law, a local authority is authorized to
12regulate low-speed electric bicycles under Code section
13321.236(10).
14The bill provides that except for provisions of the Code
15made specifically applicable to low-speed electric bicycles
16in the bill, low-speed electric bicycles are not subject to
17the provisions of the Code applicable to vehicles, including
18provisions relating to licensure, registration, titling,
19inspection, proof of financial liability coverage, and
20possession of a driver’s license or permit.
21The bill provides that a person may operate a low-speed
22electric bicycle any place where a bicycle is allowed to
23operate, including but not limited to streets, highways,
24roadways, shoulders, bicycle lanes, bikeways, and bicycle or
25multi-use paths.
26Beginning January 1, 2022, the bill requires manufacturers
27and distributors of low-speed electric bicycles to apply a
28label to each low-speed electric bicycle identifying the
29class of the bicycle, the bicycle’s top assisted speed, and
30the bicycle’s motor wattage. The bill further prohibits a
31person from modifying the speed capability or engagement of a
32low-speed electric bicycle such that the low-speed electric
33bicycle does not qualify for a class as provided for in the
34bill. A person who has modified the speed capability or
35engagement of a low-speed electric bicycle must affix a new
-6-1label containing the required information as provided for in
2the bill to the modified low-speed electric bicycle.
3The bill also requires that low-speed electric bicycles
4be manufactured in compliance with 16 C.F.R. pt.1512 and be
5manufactured to operate in such a manner that when the rider
6stops pedaling, applies the brakes, or the electric motor is
7disengaged, the electric motor assist ceases to function.
8The bill provides that a class 3 low-speed electric bicycle
9shall not be operated unless it is equipped with a speedometer
10that displays its speed in miles per hour. The bill also
11prohibits persons under the age of 16 from operating a class 3
12low-speed electric bicycle. However, such persons may ride as
13a passenger on a class 3 low-speed electric bicycle.
14A violation of the bill is punishable by a scheduled fine of
15$25.
16The bill makes a conforming change to Code section 308A.1
17related to the establishment of recreational bikeways.
-7-th/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 2021, 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 2021, 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 2021, is amended
5to read as follows:
640. a. “Motorcycle” means every motor vehicle having
7a saddle or seat for the use of the rider and designed to
8travel on not more than three wheels in contact with the
9ground including a motor scooter but excluding a tractor,
10an autocycle, a low-speed electric bicycle, and a motorized
11bicycle.
12b. “Motorized bicycle” means a motor vehicle having a saddle
13or a seat for the use of a rider, designed to travel on not more
14than three wheels in contact with the ground, and not capable
15of operating at a speed in excess of thirty-nine miles per
16hour on level ground unassisted by human power, but excluding
17a low-speed electric bicycle.
18c. “Bicycle” means either of the following:
19(1) A device having two or three wheels and having at least
20one saddle or seat for the use of a rider which is propelled by
21human power.
22(2) A device having two or three wheels with fully operable
23pedals and an electric motor of less than seven hundred fifty
24watts (one horsepower), whose maximum speed on a paved level
25surface, when powered solely by such a motor while ridden, is
26less than twenty miles per hour A low-speed electric bicycle.
27 Sec. 4. Section 321.1, subsection 90, paragraph a, Code
282021, is amended to read as follows:
29a. Any device moved by human power, including a low-speed
30electric bicycle.
31 Sec. 5. NEW SECTION. 321.235B Low-speed electric bicycles
32— labels — operation.
331. A manufacturer or distributor of low-speed electric
34bicycles shall apply a label that is permanently affixed
35in a prominent location to each of the manufacturer’s or
-2-1distributor’s low-speed electric bicycles. The label shall
2contain all of the following information printed in arial font
3with a font size not less than nine point type:
4a. A classification number for the low-speed electric
5bicycle that corresponds with a class defined in section 321.1,
6subsection 036A.
7b. The low-speed electric bicycle’s top assisted speed.
8c. The low-speed electric bicycle’s motor wattage.
92. A person shall not knowingly modify the speed capability
10or engagement of a low-speed electric bicycle such that the
11low-speed electric bicycle does not qualify for a class defined
12in section 321.1, subsection 036A. If a person has modified
13the speed capability or engagement of a low-speed electric
14bicycle, the person shall affix a new label containing the
15information listed in subsection 1 to the modified low-speed
16electric bicycle.
173. A low-speed electric bicycle shall be manufactured and
18equipped in compliance with 16 C.F.R. pt.1512.
194. A low-speed electric bicycle shall be manufactured to
20operate in such a manner that when the rider stops pedaling,
21applies the brakes, or the electric motor is disengaged, the
22electric motor assist ceases to function.
235. A class 3 low-speed electric bicycle shall not be
24operated unless it is equipped with a speedometer that displays
25its speed in miles per hour.
266. A person under the age of sixteen shall not operate a
27class 3 low-speed electric bicycle. A person under the age of
28sixteen may ride as a passenger on a class 3 low-speed electric
29bicycle in compliance with section 321.234, subsection 4.
307. A person operating a low-speed electric bicycle on a
31highway is subject to the provisions of this chapter applicable
32to a rider of a bicycle on a highway and has all the rights and
33duties under this chapter applicable to a rider of a bicycle,
34except those provisions of this chapter which by their nature
35can have no application, or except as otherwise provided in
-3-1this section.
28. Except for provisions of the Code made specifically
3applicable to low-speed electric bicycles in this section,
4low-speed electric bicycles are not subject to provisions of
5the Code applicable to vehicles, including provisions relating
6to all of the following:
7a. Licensure, registration, titling, inspection, and proof
8of financial liability coverage.
9b. Possession of a driver’s license or permit.
109. A low-speed electric bicycle may be operated in any
11place where a bicycle is allowed to operate, including but not
12limited to streets, highways, roadways, shoulders, bicycle
13lanes, bikeways, and bicycle or multi-use paths.
14 Sec. 6. Section 322D.1, subsection 8, Code 2021, is amended
15to read as follows:
168. “Motorcycle” means a motor vehicle as defined in section
17321.1 other than an all-terrain vehicle, which has a saddle
18or seat for the use of a rider and that is designed to travel
19on not more than two wheels in contact with the ground, but
20excluding a motorized bicycle, a low-speed electric bicycle, or
21autocycle as defined in section 321.1.
22 Sec. 7. Section 805.8A, subsection 9A, Code 2021, is amended
23to read as follows:
249A. Electric personal assistive mobility device
25violations. For electric device violations under section
26321.235A the following sections, the scheduled fine is
27twenty-five dollars. is as follows:
28a. Section 321.235A$25
29b. Section 321.235B$25
30 Sec. 8. APPLICABILITY. Section 321.235B, subsections 1 and
312, as enacted in this Act, apply to low-speed electric bicycles
32manufactured or distributed on or after January 1, 2022.
33 Sec. 9. APPLICABILITY. Section 321.235B, subsections 3 and
344, as enacted in this Act, apply to low-speed electric bicycles
35manufactured or distributed on or after the effective date of
-4-1this Act.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
5Under current law, the definition of “bicycle” includes
6a device with fully operable pedals and an electric motor of
7less than 750 watts with a maximum speed of less than 20 miles
8per hour when powered solely by the electric motor. This
9bill strikes that provision and includes low-speed electric
10bicycles within the definition of “bicycle”. The bill also
11expands the definition of “bicycle” to include devices with
12three wheels. The bill defines the term “low-speed electric
13bicycle”, including three defined classes. The bill excludes
14low-speed electric bicycles from the definitions of “vehicle”,
15“motorcycle”, and “motorized bicycle” under Code section
16321.1, thereby making the provisions of Code chapter 321
17(motor vehicles and law of the road) relating to vehicles,
18motor vehicles, automobiles, cars, motorcycles, and motorized
19bicycles inapplicable to low-speed electric bicycles. The bill
20also excludes low-speed electric bicycles from the definition
21of “motorcycle” under Code section 322D.1.
22Under the bill, a person operating a low-speed electric
23bicycle on a highway is subject to the provisions of Code
24chapter 321 applicable to a rider of a bicycle on a highway and
25has all the rights and duties under Code chapter 321 applicable
26to a rider of a bicycle. Under Code section 321.234, a person
27riding a bicycle on a highway is subject to the provisions of
28Code chapter 321 and has all the rights and duties applicable
29to a driver of a vehicle, except those provisions which by
30their nature can have no application. Code section 321.234
31prohibits a person from using a bicycle on a highway to carry
32more persons at one time than the number of persons for which
33the bicycle is designed and equipped. Code section 321.281
34prohibits a person operating a motor vehicle from steering
35the motor vehicle unreasonably close to or toward a person
-5-1riding a bicycle on a highway, including the roadway or the
2shoulder adjacent to the roadway, and prohibits a person from
3knowingly projecting any object or substance at or against a
4person riding a bicycle on a highway. Code section 321.397
5requires bicycles to at certain times be equipped with a lamp
6on the front exhibiting a white light and a lamp on the rear
7exhibiting a red light, except that a red reflector may be used
8in lieu of a rear light. Code section 321.434 prohibits a
9bicycle from being equipped with, and a person from using upon
10a bicycle, any siren or whistle.
11By operation of law, a local authority is authorized to
12regulate low-speed electric bicycles under Code section
13321.236(10).
14The bill provides that except for provisions of the Code
15made specifically applicable to low-speed electric bicycles
16in the bill, low-speed electric bicycles are not subject to
17the provisions of the Code applicable to vehicles, including
18provisions relating to licensure, registration, titling,
19inspection, proof of financial liability coverage, and
20possession of a driver’s license or permit.
21The bill provides that a person may operate a low-speed
22electric bicycle any place where a bicycle is allowed to
23operate, including but not limited to streets, highways,
24roadways, shoulders, bicycle lanes, bikeways, and bicycle or
25multi-use paths.
26Beginning January 1, 2022, the bill requires manufacturers
27and distributors of low-speed electric bicycles to apply a
28label to each low-speed electric bicycle identifying the
29class of the bicycle, the bicycle’s top assisted speed, and
30the bicycle’s motor wattage. The bill further prohibits a
31person from modifying the speed capability or engagement of a
32low-speed electric bicycle such that the low-speed electric
33bicycle does not qualify for a class as provided for in the
34bill. A person who has modified the speed capability or
35engagement of a low-speed electric bicycle must affix a new
-6-1label containing the required information as provided for in
2the bill to the modified low-speed electric bicycle.
3The bill also requires that low-speed electric bicycles
4be manufactured in compliance with 16 C.F.R. pt.1512 and be
5manufactured to operate in such a manner that when the rider
6stops pedaling, applies the brakes, or the electric motor is
7disengaged, the electric motor assist ceases to function.
8The bill provides that a class 3 low-speed electric bicycle
9shall not be operated unless it is equipped with a speedometer
10that displays its speed in miles per hour. The bill also
11prohibits persons under the age of 16 from operating a class 3
12low-speed electric bicycle. However, such persons may ride as
13a passenger on a class 3 low-speed electric bicycle.
14A violation of the bill is punishable by a scheduled fine of
15$25.
16The bill makes a conforming change to Code section 308A.1
17related to the establishment of recreational bikeways.
-7-th/ns