Bill Text: IA HF500 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to electric scooters, and providing penalties. (Formerly HSB 38.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-04 - Referred to Transportation. H.J. 755. [HF500 Detail]

Download: Iowa-2019-HF500-Introduced.html
House File 500 - Introduced HOUSE FILE 500 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO HSB 38) A BILL FOR An Act relating to electric scooters, and providing penalties. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1300HV (2) 88 ns/rh
H.F. 500 Section 1. Section 321.1, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 20C. “Electric scooter” means a device 3 weighing less than one hundred pounds that is equipped with 4 handlebars and an electric motor, and which is solely powered 5 by a rider or by an electric motor capable of propelling the 6 device without additional propulsion supplied by the rider at a 7 maximum speed on a paved level surface of no more than twenty 8 miles per hour, or both. “Electric scooter” does not include an 9 electric personal assistive mobility device, a bicycle, or any 10 vehicle including any motor vehicle. 11 Sec. 2. Section 321.1, subsection 90, Code 2019, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . e. An electric scooter. 14 Sec. 3. NEW SECTION . 321.235B Electric scooters. 15 1. A person may operate an electric scooter on highways 16 with a speed limit of thirty-five miles per hour or less, 17 bikeways, and sidewalks in accordance with this section. A 18 person may operate an electric scooter on a highway with 19 a speed limit of more than thirty-five miles per hour for 20 purposes of crossing the highway if the crossing is made at an 21 angle of approximately ninety degrees to the direction of the 22 highway at a place where no obstruction prevents a quick and 23 safe crossing, the electric scooter is brought to a complete 24 stop before crossing the shoulder or traveled portion of the 25 highway, the person yields the right-of-way to all oncoming 26 traffic which constitutes an immediate hazard, and, if crossing 27 a divided highway, the crossing is made only at an intersection 28 of such highway with another highway. 29 2. A person operating an electric scooter on a highway is 30 subject to the provisions of this chapter applicable to a rider 31 of a bicycle on a highway and has all the rights and duties 32 under this chapter applicable to a rider of a bicycle, except 33 those provisions of this chapter which by their nature can 34 have no application, or except as otherwise provided in this 35 -1- LSB 1300HV (2) 88 ns/rh 1/ 5
H.F. 500 section. Any ordinance adopted by a local authority applicable 1 to bicycles shall apply to electric scooters, except to the 2 extent such an ordinance conflicts with this section. 3 3. Except for provisions of the Code made specifically 4 applicable to electric scooters in this section, electric 5 scooters are not subject to provisions of the Code applicable 6 to vehicles, including provisions relating to all of the 7 following: 8 a. Licensure, registration, titling, inspection, and proof 9 of financial liability coverage. 10 b. Possession of a driver’s license or permit. 11 c. The rental of motor vehicles. 12 4. A person operating an electric scooter on a bikeway or 13 sidewalk shall do all of the following: 14 a. Yield the right-of-way to pedestrians and human-powered 15 devices. 16 b. Give an audible signal before overtaking and passing a 17 pedestrian or human-powered device. 18 5. An electric scooter shall, at the times specified 19 in section 321.384, be equipped with lamps meeting the 20 requirements of bicycle lamps under section 321.397. This 21 subsection shall not be construed to authorize the use of a red 22 reflector in lieu of a rear lamp. 23 6. A person may park an electric scooter at any location 24 where parking a bicycle is allowed. However, by parking an 25 electric scooter, a person shall not impede the normal or 26 reasonable movement of pedestrian or other traffic. 27 7. A person convicted of a violation of this section is 28 guilty of a simple misdemeanor punishable as a scheduled 29 violation under section 805.8A, subsection 9A. 30 Sec. 4. Section 805.8A, subsection 9A, Code 2019, is amended 31 to read as follows: 32 9A. Electric personal assistive mobility device 33 violations. For electric device violations under section 34 321.235A the following sections , the scheduled fine is fifteen 35 -2- LSB 1300HV (2) 88 ns/rh 2/ 5
H.F. 500 dollars. as follows: 1 a. Section 321.235A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15. 2 b. Section 321.235B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill regulates the operation of electric scooters, as 7 defined in the bill. The bill excludes electric scooters from 8 the definition of “vehicle” under Code section 321.1, thereby 9 making the provisions of Code chapter 321 (motor vehicles 10 and law of the road) relating to vehicles, motor vehicles, 11 automobiles, and cars inapplicable to electric scooters. 12 The bill authorizes a person to operate an electric scooter 13 on highways with a speed limit of 35 miles per hour or less, 14 bikeways, and sidewalks. The bill specifies that a person may 15 operate an electric scooter on a highway with a speed limit 16 of more than 35 miles per hour for purposes of crossing the 17 highway if the crossing is made at an angle of approximately 18 90 degrees to the direction of the highway at a place where no 19 obstruction prevents a quick and safe crossing, the electric 20 scooter is brought to a complete stop before crossing the 21 shoulder or traveled portion of the highway, the person yields 22 the right-of-way to all oncoming traffic which constitutes 23 an immediate hazard, and, if crossing a divided highway, the 24 crossing is made only at an intersection of such highway with 25 another highway. 26 The bill provides that a person operating an electric 27 scooter on a highway is subject to the provisions of Code 28 chapter 321 applicable to a rider of a bicycle on a highway and 29 has all the rights and duties under Code chapter 321 applicable 30 to a rider of a bicycle, except those provisions which by their 31 nature can have no application, or except as otherwise provided 32 in the bill. Under Code section 321.234, a person riding a 33 bicycle on a highway is subject to the provisions of Code 34 chapter 321 and has all the rights and duties applicable to a 35 -3- LSB 1300HV (2) 88 ns/rh 3/ 5
H.F. 500 driver of a vehicle, except those provisions which by their 1 nature can have no application. Code section 321.194 also 2 prohibits a person from using a bicycle on a highway to carry 3 more persons at one time than the number of persons for which 4 the bicycle is designed and equipped. Code section 321.281 5 prohibits a person operating a motor vehicle from steering the 6 motor vehicle unreasonably close to or toward a person riding 7 a bicycle on a highway, including the roadway or the shoulder 8 adjacent to the roadway, and prohibits a person from knowingly 9 projecting any object or substance at or against a person 10 riding a bicycle on a highway. Code section 321.434 prohibits 11 a bicycle from being equipped with, and a person from using 12 upon a bicycle, any siren or whistle. 13 Under the bill, any ordinance adopted by a local authority 14 applicable to bicycles applies to electric scooters, except to 15 the extent such an ordinance conflicts with the bill. 16 The bill provides that except for provisions of the Code 17 made specifically applicable to electric scooters in the 18 bill, electric scooters are not subject to provisions of the 19 Code applicable to vehicles, including provisions relating 20 to licensure, registration, titling, inspection, proof of 21 financial liability coverage, possession of a driver’s license 22 or permit, and the rental of motor vehicles. 23 The bill requires a person operating an electric scooter on 24 a bikeway or sidewalk to yield the right-of-way to pedestrians 25 and human-powered devices, and to give an audible signal before 26 overtaking and passing a pedestrian or human-powered device. 27 The bill requires an electric scooter to, at the times 28 specified in Code section 321.384, be equipped with lamps 29 meeting the requirements of bicycle lamps under Code section 30 321.397. The times specified in Code section 321.384 include 31 any time from sunset to sunrise, and at such other times 32 when conditions such as fog, snow, sleet, or rain provide 33 insufficient lighting to render clearly discernible persons and 34 vehicles on the highway at a distance of 500 feet ahead. Code 35 -4- LSB 1300HV (2) 88 ns/rh 4/ 5
H.F. 500 section 321.397 requires front bicycle lamps to exhibit a white 1 light visible from a distance of at least 300 feet to the front 2 and rear bicycle lamps to exhibit a red light visible from a 3 distance of 300 feet to the rear. The bill does not authorize 4 the use of a red reflector in lieu of a rear lamp. 5 The bill allows a person to park an electric scooter at any 6 location where parking a bicycle is allowed. However, the 7 bill provides that by parking an electric scooter, a person is 8 prohibited from impeding the normal or reasonable movement of 9 pedestrian or other traffic. 10 A violation of the bill is punishable by a scheduled fine of 11 $15. 12 -5- LSB 1300HV (2) 88 ns/rh 5/ 5
feedback