Bill Text: MI HB5391 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Vehicles; other; electric skateboard; define and regulate. Amends secs. 33, 657, 658, 660 & 662 of 1949 PA 300 (MCL 257.33 et seq.) & adds sec. 13f.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-08-15 - Assigned Pa 204'18 With Immediate Effect [HB5391 Detail]
Download: Michigan-2017-HB5391-Engrossed.html
HB-5391, As Passed House, May 1, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5391
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 33, 657, 658, 660, and 662 (MCL 257.33,
257.657, 257.658, 257.660, and 257.662), sections 33 and 657 as
amended by 2017 PA 139, section 658 as amended by 2012 PA 589, and
sections 660 and 662 as amended by 2015 PA 126, and by adding
section 13f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13f. "Electric skateboard" means a wheeled device that
has a floorboard designed to be stood upon when riding that is no
more than 60 inches long and 18 inches wide, is designed to
transport only 1 person at a time, has an electrical propulsion
system with power of no more than 2,500 watts, and has a maximum
speed on a paved level surface of not more than 25 miles per hour.
An electric skateboard may, in addition to having an electrical
propulsion system with power of no more than 2,500 watts, be
designed to also be powered by human propulsion.
Sec. 33. "Motor vehicle" means every vehicle that is self-
propelled, but for purposes of chapter 4 of this act motor vehicle
does not include industrial equipment such as a forklift, a front-
end loader, or other construction equipment that is not subject to
registration under this act. Motor vehicle does not include an
electric patrol vehicle being operated in compliance with the
electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577.
Motor vehicle does not include an electric personal assistive
mobility device. Motor vehicle does not include an electric
carriage. Motor vehicle does not include a commercial quadricycle.
Motor vehicle does not include an electric bicycle. Motor vehicle
does not include an electric skateboard.
Sec. 657. Each person riding a bicycle, electric bicycle,
electric personal assistive mobility device, electric skateboard,
or moped or operating a low-speed vehicle or commercial quadricycle
upon a roadway has all of the rights and is subject to all of the
duties applicable to the driver of a vehicle under this chapter,
except for special regulations in this article and except for the
provisions of this chapter that by their nature do not apply.
Sec. 658. (1) A person propelling a bicycle or operating a
motorcycle or moped shall not ride other than upon and astride a
permanent and regular seat attached to that vehicle.
(2) A bicycle or motorcycle shall not be used to carry more
persons at 1 time than the number for which it is designed and
equipped.
(3) An electric personal assistive mobility device or an
electric skateboard shall not be used to carry more than 1 person
at a time.
(4) A person less than 19 years of age operating a moped on a
public thoroughfare shall wear a crash helmet on his or her head. A
person less than 19 years of age operating an electric skateboard
shall wear a crash helmet on his or her head. Except as provided in
subsection (5), a person operating or riding on a motorcycle shall
wear a crash helmet on his or her head.
(5) The following conditions apply to a person 21 years of age
or older operating or riding on a motorcycle, as applicable:
(a) A person who is operating a motorcycle is not required to
wear a crash helmet on his or her head if he or she has had a
motorcycle endorsement on his or her operator's or chauffeur's
license for not less than 2 years or the person passes a motorcycle
safety course conducted under section 811a or 811b and satisfies
the requirements of subdivision (c).
(b) A person who is riding on a motorcycle is not required to
wear a crash helmet on his or her head if the person or the
operator of the motorcycle satisfies the requirements of
subdivision (c).
(c) A person who is operating a motorcycle and a person who is
riding on a motorcycle are not required to wear crash helmets on
their heads if the operator of the motorcycle or the rider has in
effect security for the first-party medical benefits payable in the
event that he or she is involved in a motorcycle accident, as
provided in section 3103 of the insurance code of 1956, 1956 PA
218, MCL 500.3103, in 1 of the following amounts, as applicable:
(i) A motorcycle operator without a rider, not less than
$20,000.00.
(ii) A motorcycle operator with a rider, not less than
$20,000.00 per person per occurrence. However, if the rider has
security in an amount not less than $20,000.00, then the operator
is only required to have security in the amount of not less than
$20,000.00.
(6) Crash helmets shall be approved by the department of state
police. The department of state police shall promulgate rules for
the implementation of this section under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in
effect on June 1, 1970, apply to helmets required by this act.
(7) The crash helmet requirements under this section do not
apply to a person operating or riding in an autocycle if the
vehicle is equipped with a roof that meets or exceeds standards for
a crash helmet.
(8) A person operating or riding in an autocycle shall wear
seat belts when on a public highway in this state.
(9) A person under the age of 12 shall not operate an electric
skateboard on a public highway or street.
Sec. 660. (1) A person operating an electric personal
assistive mobility device, low-speed vehicle, electric skateboard,
or moped upon a roadway shall ride as near to the right side of the
roadway as practicable and shall exercise due care when passing a
standing vehicle or one proceeding in the same direction. A
motorcycle is entitled to full use of a lane, and a motor vehicle
shall not be driven in such a manner as to deprive a motorcycle of
the full use of a lane. This subsection does not apply to
motorcycles operated 2 abreast in a single lane.
(2) A person riding an electric personal assistive mobility
device, motorcycle, electric skateboard, or moped upon a roadway
shall not ride more than 2 abreast except on a path or part of a
roadway set aside for the exclusive use of those vehicles.
(3) Where a usable and designated path for bicycles is
provided adjacent to a highway or street, a person operating an
electric personal assistive mobility device or electric skateboard
may, by local ordinance, be required to use that path.
(4) A person operating a motorcycle, moped, low-speed vehicle,
or
electric personal assistive
mobility device, or electric
skateboard shall not pass between lines of traffic, but may pass on
the left of traffic moving in his or her direction in the case of a
2-way street or on the left or right of traffic in the case of a 1-
way street, in an unoccupied lane.
(5) A person operating an electric personal assistive mobility
device or electric skateboard on a sidewalk constructed for the use
of pedestrians shall yield the right-of-way to a pedestrian and
shall give an audible signal before overtaking and passing the
pedestrian.
(6) A moped, low-speed vehicle, or commercial quadricycle
shall not be operated on a sidewalk constructed for the use of
pedestrians.
(7) A low-speed vehicle or commercial quadricycle shall be
operated at a speed of not more than 25 miles per hour. A low-speed
vehicle shall not be operated on a highway or street with a speed
limit of more than 35 miles per hour except for the purpose of
crossing that highway or street. A commercial quadricycle shall not
be operated on a highway or street with a speed limit of more than
45 miles per hour except for the purpose of crossing that highway
or street. An individual shall not operate a commercial quadricycle
that is equipped with a motor unless he or she has a valid
operator's license issued under this act. The state transportation
department may prohibit the operation of a low-speed vehicle or
commercial quadricycle on any highway or street under its
jurisdiction if it determines that the prohibition is necessary in
the interest of public safety.
(8) This section does not apply to a police officer in the
performance of his or her official duties.
(9) An electric personal assistive mobility device shall be
operated at a speed of not more than 15 miles per hour and shall
not be operated on a highway or street with a speed limit of more
than 25 miles per hour except to cross that highway or street.
(10) An electric skateboard shall be operated at a speed of
not more than 25 miles per hour and shall not be operated on a
highway or street with a speed limit of more than 25 miles per hour
except to cross that highway or street.
(11) (10)
The governing body of a county, a
city, a village,
an entity created under the urban cooperation act of 1967, 1967 (Ex
Sess) PA 7, MCL 124.501 to 124.512, or a township may, by ordinance
,
which is based on the health,
safety, and welfare of the
citizens, regulate the operation of electric personal assistive
mobility devices, electric skateboards, or commercial quadricycles
on sidewalks, highways or streets, or crosswalks. Except as
otherwise provided in this subsection, a governing body of a
county, city, village, entity created under the urban cooperation
act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, or
township may prohibit the operation of electric personal assistive
mobility devices, electric skateboards or commercial quadricycles
in an area open to pedestrian traffic adjacent to a waterfront or
on a trail under its jurisdiction or in a downtown or central
business district. Signs indicating the regulation shall be
conspicuously posted in the area where the use of an electric
personal assistive mobility device, electric skateboard, or
commercial quadricycle is regulated.
(12) (11)
Operation of an electric personal
assistive mobility
device or electric skateboard is prohibited in a special charter
city and a state park under the jurisdiction of the Mackinac Island
State Park commission.
(13) (12)
Operation of an electric personal
assistive mobility
device or electric skateboard may be prohibited in a historic
district.
(14) (13)
The department of natural resources
may by order
regulate the use of electric personal assistive mobility devices or
electric skateboards on all lands under its control.
Sec. 662. (1) A bicycle, electric personal assistive mobility
device, electric skateboard, or commercial quadricycle being
operated on a roadway between 1/2 hour after sunset and 1/2 hour
before sunrise shall be equipped with a lamp on the front that
emits a white light visible from a distance of at least 500 feet to
the front and with a red reflector on the rear that shall be
visible from all distances from 100 feet to 600 feet to the rear
when directly in front of lawful lower beams of head lamps on a
motor vehicle. A lamp emitting a red light visible from a distance
of 500 feet to the rear may be used in addition to the red
reflector.
(2) A bicycle shall be equipped with a brake that enables the
operator to make the braked wheels skid on dry, level, clean
pavement.
(3) An electric personal assistive mobility device, electric
skateboard, or commercial quadricycle shall enable the operator to
bring it to a controlled stop.
(4) A person shall not sell, offer for sale, or deliver for
sale in this state a bicycle or a pedal for use on a bicycle,
either of which was manufactured after January 1, 1976, unless it
is equipped with a type of reflex reflector located on the front
and rear surfaces of the pedal. The reflector elements may be
either integral with the construction of the pedal or mechanically
attached, but shall be sufficiently recessed from the edge of the
pedal, or of the reflector housing, to prevent contact of the
reflector element with a flat surface placed in contact with the
edge of the pedal. The pedal reflectors shall be visible from the
front and rear of the bicycle during the nighttime from a distance
of 200 feet when directly exposed to the lower beam head lamps of a
motor vehicle.
(5) A person shall not sell, offer for sale, or deliver for
sale in this state a bicycle manufactured after January 1, 1976 or
an electric personal assistive mobility device unless it is
equipped with either tires that have reflective sidewalls or with
wide-angle prismatic spoke reflectors. If the bicycle or the
electric personal assistive mobility device is manufactured with
reflective sidewalls, the reflective portion of the sidewall shall
form a continuous circle on the sidewall, and may not be removed
from the tire without removal of tire material. If the bicycle is
equipped with wide-angle prismatic spoke reflectors, the reflectors
of the front wheel shall be essentially colorless or amber, and the
reflectors on the rear wheel shall be essentially colorless or red.
Reflective sidewalls or spoke reflectors shall cause the bicycle to
be visible from all distances from 100 feet to 600 feet when viewed
under lawful low beam motor vehicle head lamps under normal
atmospheric conditions.
(6) A person who violates subsection (1) or (2) is responsible
for a civil infraction.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
