Bill Text: MN HF1412 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Electric-assisted bicycle operation requirements and regulation amended, and electric-assisted bicycle operation permitted on bikeways and bicycle trails.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-28 - Committee report, to pass as amended and re-refer to Environment, Energy and Natural Resources Policy and Finance [HF1412 Detail]
Download: Minnesota-2011-HF1412-Engrossed.html
1.2relating to transportation; amending operation requirements and regulation
1.3of electric-assisted bicycles; permitting electric-assisted bicycle operation on
1.4bikeways and bicycle trails;amending Minnesota Statutes 2010, sections 85.015,
1.5by adding a subdivision; 85.018, subdivisions 2, 4; 160.263, subdivision 2;
1.6169.011, subdivision 27; 169.223, subdivision 5.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 85.015, is amended by adding a
1.9subdivision to read:
1.10 Subd. 1d. Bicycle use of trails. The commissioner may not prohibit operation of an
1.11electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any trail under
1.12this section for which bicycle use is permitted, unless the commissioner determines that
1.13operation of the electric-assisted bicycle is not consistent with safe use and enjoyment of
1.14the trail.
1.15 Sec. 2. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
1.16 Subd. 2. Authority of local government. (a) A local government unit that receives
1.17state grants-in-aid for any trail, with the concurrence of the commissioner, and the
1.18landowner or land lessee, may:
1.19(1) designate the trail for use by snowmobiles or for nonmotorized use from
1.20December 1 to April 1 of any year; and
1.21(2) issue any permit required under subdivisions 3 to 5.
1.22(b) A local government unit that receives state grants-in-aid under section84.794,
1.23subdivision 2 ,
84.803, subdivision 2 , or
84.927, subdivision 2 , for any trail, with the
1.24concurrence of the commissioner, and landowner or land lessee, may:
2.1(1) designate the trail specifically for use at various times of the year by all-terrain or
2.2off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
2.3snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
2.4use at the same time; and
2.5(2) issue any permit required under subdivisions 3 to 5.
2.6(c) A local unit of government that receives state grants-in-aid for any trail, with the
2.7concurrence of the commissioner and landowner or land lessee, may designate certain
2.8trails for joint use by snowmobiles, off-highway motorcycles, all-terrain vehicles, and
2.9off-road vehicles.
2.10(d) A local unit of government may not prohibit operation of an electric-assisted
2.11bicycle, as defined in section 169.011, subdivision 27, on any trail under this section
2.12designated for bicycle use or nonmotorized use that includes bicycles, unless the local unit
2.13of government determines that operation of the electric-assisted bicycle is not consistent
2.14with safe use and enjoyment of the trail.
2.15 Sec. 3. Minnesota Statutes 2010, section 85.018, subdivision 4, is amended to read:
2.16 Subd. 4. Nonmotorized use trails. (a) No motorized vehicle shall be operated on a
2.17trail designated for nonmotorized use. This subdivision does not apply to (1) motorized
2.18wheelchairs or other motorized devices operated by an individual who is physically
2.19disabled and (2) electric-assisted bicycles, as defined in section 169.011, subdivision 27.
2.20 Sec. 4. Minnesota Statutes 2010, section 160.263, subdivision 2, is amended to read:
2.21 Subd. 2. Powers of political subdivisions. (a) The governing body of any political
2.22subdivision may by ordinance or resolution:
2.23(1) designate any roadway or shoulder or portion thereof under its jurisdiction as
2.24a bicycle lane or bicycle route;
2.25(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
2.26provided that the designation does not destroy a pedestrian way or pedestrian access;
2.27(3) develop and designate bicycle paths;
2.28(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
2.29(b) A governing body may not prohibit operation of an electric-assisted bicycle,
2.30as defined in section 169.011, subdivision 27, on any bikeway, roadway, or shoulder,
2.31unless the governing body determines that operation of the electric-assisted bicycle is not
2.32consistent with safe use and enjoyment of the bikeway, roadway, or shoulder.
2.33 Sec. 5. Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read:
3.1 Subd. 27. Electric-assisted bicycle. "Electric-assisted bicycle" means amotor
3.2vehicle bicycle with two or three wheels that:
3.3(1) has a saddle and fully operable pedals for human propulsion;
3.4(2) meets the requirements:
3.5(i) of federal motor vehicle safety standards in Code of Federal Regulations, title 49,
3.6sections 571.1 et seq.; or
3.7(ii) for bicycles under Code of Federal Regulations, title 15, part 1512, and successor
3.8requirements; and
3.9(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii)
3.10is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is
3.11incapable of further increasing the speed of the device when human power alone is used
3.12to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or
3.13ceases to function when the vehicle's brakes are applied.
3.14 Sec. 6. Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read:
3.15 Subd. 5. Other operation requirements and prohibitions. (a) A person operating
3.16a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb
3.17or edge of the roadway except in one of the following situations:
3.18(1) when overtaking and passing another vehicle proceeding in the same direction;
3.19(2) when preparing for a left turn at an intersection or into a private road or
3.20driveway; or
3.21(3) when reasonably necessary to avoid conditions, including fixed or moving
3.22objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
3.23it unsafe to continue along the right-hand curb or edge.
3.24(b) Persons operating motorized bicycles on a roadway may not ride more than two
3.25abreast and may not impede the normal and reasonable movement of traffic. On a laned
3.26roadway, a person operating a motorized bicycle shall ride within a single lane.
3.27(c) This section does not permit the operation of a motorized bicycle on a bicycle
3.28path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic, except
3.29that an electric-assisted bicycle may be operated on the path or lane if not otherwise
3.30prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d);
3.31or 160.263, subdivision 2, paragraph (b), as applicable.
3.32(d) Subject to the provisions of section
160.263, subdivision 3, A person may
3.33operate an electric-assisted bicycle on a bikeway or bicyclelane trail. A person may
3.34operate an electric-assisted bicycle on the shoulder of a roadway if the electric-assisted
3.35bicycle is traveling in the same direction as the adjacent vehicular traffic.
1.3of electric-assisted bicycles; permitting electric-assisted bicycle operation on
1.4bikeways and bicycle trails;amending Minnesota Statutes 2010, sections 85.015,
1.5by adding a subdivision; 85.018, subdivisions 2, 4; 160.263, subdivision 2;
1.6169.011, subdivision 27; 169.223, subdivision 5.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 85.015, is amended by adding a
1.9subdivision to read:
1.10 Subd. 1d. Bicycle use of trails. The commissioner may not prohibit operation of an
1.11electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any trail under
1.12this section for which bicycle use is permitted, unless the commissioner determines that
1.13operation of the electric-assisted bicycle is not consistent with safe use and enjoyment of
1.14the trail.
1.15 Sec. 2. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:
1.16 Subd. 2. Authority of local government. (a) A local government unit that receives
1.17state grants-in-aid for any trail, with the concurrence of the commissioner, and the
1.18landowner or land lessee, may:
1.19(1) designate the trail for use by snowmobiles or for nonmotorized use from
1.20December 1 to April 1 of any year; and
1.21(2) issue any permit required under subdivisions 3 to 5.
1.22(b) A local government unit that receives state grants-in-aid under section
1.23subdivision 2
1.24concurrence of the commissioner, and landowner or land lessee, may:
2.1(1) designate the trail specifically for use at various times of the year by all-terrain or
2.2off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
2.3snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
2.4use at the same time; and
2.5(2) issue any permit required under subdivisions 3 to 5.
2.6(c) A local unit of government that receives state grants-in-aid for any trail, with the
2.7concurrence of the commissioner and landowner or land lessee, may designate certain
2.8trails for joint use by snowmobiles, off-highway motorcycles, all-terrain vehicles, and
2.9off-road vehicles.
2.10(d) A local unit of government may not prohibit operation of an electric-assisted
2.11bicycle, as defined in section 169.011, subdivision 27, on any trail under this section
2.12designated for bicycle use or nonmotorized use that includes bicycles, unless the local unit
2.13of government determines that operation of the electric-assisted bicycle is not consistent
2.14with safe use and enjoyment of the trail.
2.15 Sec. 3. Minnesota Statutes 2010, section 85.018, subdivision 4, is amended to read:
2.16 Subd. 4. Nonmotorized use trails. (a) No motorized vehicle shall be operated on a
2.17trail designated for nonmotorized use. This subdivision does not apply to (1) motorized
2.18wheelchairs or other motorized devices operated by an individual who is physically
2.19disabled and (2) electric-assisted bicycles, as defined in section 169.011, subdivision 27.
2.20 Sec. 4. Minnesota Statutes 2010, section 160.263, subdivision 2, is amended to read:
2.21 Subd. 2. Powers of political subdivisions. (a) The governing body of any political
2.22subdivision may by ordinance or resolution:
2.23(1) designate any roadway or shoulder or portion thereof under its jurisdiction as
2.24a bicycle lane or bicycle route;
2.25(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
2.26provided that the designation does not destroy a pedestrian way or pedestrian access;
2.27(3) develop and designate bicycle paths;
2.28(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.
2.29(b) A governing body may not prohibit operation of an electric-assisted bicycle,
2.30as defined in section 169.011, subdivision 27, on any bikeway, roadway, or shoulder,
2.31unless the governing body determines that operation of the electric-assisted bicycle is not
2.32consistent with safe use and enjoyment of the bikeway, roadway, or shoulder.
2.33 Sec. 5. Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read:
3.1 Subd. 27. Electric-assisted bicycle. "Electric-assisted bicycle" means a
3.2
3.3(1) has a saddle and fully operable pedals for human propulsion;
3.4(2) meets the requirements:
3.5(i) of federal motor vehicle safety standards in Code of Federal Regulations, title 49,
3.6sections 571.1 et seq.; or
3.7(ii) for bicycles under Code of Federal Regulations, title 15, part 1512, and successor
3.8requirements; and
3.9(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii)
3.10is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is
3.11incapable of further increasing the speed of the device when human power alone is used
3.12to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or
3.13ceases to function when the vehicle's brakes are applied.
3.14 Sec. 6. Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read:
3.15 Subd. 5. Other operation requirements and prohibitions. (a) A person operating
3.16a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb
3.17or edge of the roadway except in one of the following situations:
3.18(1) when overtaking and passing another vehicle proceeding in the same direction;
3.19(2) when preparing for a left turn at an intersection or into a private road or
3.20driveway; or
3.21(3) when reasonably necessary to avoid conditions, including fixed or moving
3.22objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
3.23it unsafe to continue along the right-hand curb or edge.
3.24(b) Persons operating motorized bicycles on a roadway may not ride more than two
3.25abreast and may not impede the normal and reasonable movement of traffic. On a laned
3.26roadway, a person operating a motorized bicycle shall ride within a single lane.
3.27(c) This section does not permit the operation of a motorized bicycle on a bicycle
3.28path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic, except
3.29that an electric-assisted bicycle may be operated on the path or lane if not otherwise
3.30prohibited under section 85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d);
3.31or 160.263, subdivision 2, paragraph (b), as applicable.
3.32
3.33operate an electric-assisted bicycle on a bikeway or bicycle
3.34operate an electric-assisted bicycle on the shoulder of a roadway if the electric-assisted
3.35bicycle is traveling in the same direction as the adjacent vehicular traffic.
