Bill Text: MN HF2051 | 2011-2012 | 87th Legislature | Engrossed


Bill Title: Electric-assisted bicycle regulations amended.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-03-19 - Committee report, to pass as amended and re-refer to Public Safety and Crime Prevention Policy and Finance [HF2051 Detail]

Download: Minnesota-2011-HF2051-Engrossed.html

1.1A bill for an act
1.2relating to public safety; traffic regulations; amending regulations governing
1.3electric-assisted bicycles;amending Minnesota Statutes 2010, sections 168.002,
1.4subdivisions 19, 20; 168.012, by adding a subdivision; 168A.03, subdivision
1.51; 169.011, subdivisions 4, 27, 44, 45; 169.222, subdivisions 6, 7, by adding
1.6subdivisions; 169.223, subdivisions 1, 5; 171.01, subdivision 41.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2010, section 168.002, subdivision 19, is amended to
1.9read:
1.10    Subd. 19. Motorcycle. "Motorcycle" means every motor vehicle having a seat or
1.11saddle for the use of the rider and designed to travel on not more than three wheels in
1.12contact with the ground, including motor scooters and bicycles with motor attached, other
1.13than those vehicles defined as motorized bicycles in subdivision 20, but excluding a tractor
1.14has the meaning given in section 169.011, subdivision 44.

1.15    Sec. 2. Minnesota Statutes 2010, section 168.002, subdivision 20, is amended to read:
1.16    Subd. 20. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled
1.17by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
1.18centimeters or less, and a maximum of two brake horsepower, which is capable of a
1.19maximum speed of not more than 30 miles per hour on a flat surface with not more than
1.20one percent grade in any direction when the motor is engaged. "Motorized bicycle"
1.21includes an electric-assisted bicycle as defined in section 169.011, subdivision 27 has the
1.22meaning given in section 169.011, subdivision 45.

2.1    Sec. 3. Minnesota Statutes 2010, section 168.012, is amended by adding a subdivision
2.2to read:
2.3    Subd. 2d. Electric-assisted bicycles. Electric-assisted bicycles must not be taxed as
2.4motor vehicles using the public streets and highways, and are exempt from the provisions
2.5of this chapter.

2.6    Sec. 4. Minnesota Statutes 2010, section 168A.03, subdivision 1, is amended to read:
2.7    Subdivision 1. No certificate issued. The registrar shall not issue a certificate of
2.8title for:
2.9    (1) a vehicle owned by the United States;
2.10    (2) a vehicle owned by a nonresident and not required by law to be registered in
2.11this state;
2.12    (3) a vehicle owned by a nonresident and regularly engaged in the interstate
2.13transportation of persons or property for which a currently effective certificate of title
2.14has been issued in another state;
2.15    (4) a vehicle moved solely by animal power;
2.16    (5) an implement of husbandry;
2.17    (6) special mobile equipment;
2.18    (7) a self-propelled wheelchair or invalid tricycle;
2.19    (8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
2.20holds an interest in the trailer or a certificate of title was previously issued by this state or
2.21any other state or (ii) designed primarily for agricultural purposes except a recreational
2.22vehicle or a manufactured home, both as defined in section 168.002, subdivisions 16
2.23and 27
;
2.24    (9) a snowmobile; and
2.25    (10) a spotter truck, as defined in section 169.011, subdivision 77; and
2.26(11) an electric-assisted bicycle, as defined in section 169.011, subdivision 27.

2.27    Sec. 5. Minnesota Statutes 2010, section 169.011, subdivision 4, is amended to read:
2.28    Subd. 4. Bicycle. "Bicycle" means every device capable of being propelled solely
2.29by human power upon which any person may ride, having two tandem wheels except
2.30scooters and similar devices, and including any device generally recognized as a bicycle
2.31though equipped with two front or rear wheels. "Bicycle" does not include scooters,
2.32motorized foot scooters, or similar devices.

2.33    Sec. 6. Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read:
3.1    Subd. 27. Electric-assisted bicycle. "Electric-assisted bicycle" means a motor
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 for a motor-driven cycle in Code of
3.6Federal Regulations, title 49, sections 571.1 et seq.; or
3.7(ii) for bicycles under Code of Federal Regulations, title 16, part 1512, or 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. 7. Minnesota Statutes 2010, section 169.011, subdivision 44, is amended to read:
3.15    Subd. 44. Motorcycle. "Motorcycle" means every motor vehicle having a seat or
3.16saddle for the use of the rider and designed to travel on not more than three wheels in
3.17contact with the ground, including motor scooters and bicycles with motor attached, other
3.18than those vehicles defined as. "Motorcycle" does not include (1) motorized bicycles
3.19as defined in subdivision 45, but excluding (2) electric-assisted bicycles as defined in
3.20subdivision 27, or (3) a tractor.

3.21    Sec. 8. Minnesota Statutes 2010, section 169.011, subdivision 45, is amended to read:
3.22    Subd. 45. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled
3.23by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
3.24centimeters or less, and a maximum of two brake horsepower, which is capable of a
3.25maximum speed of not more than 30 miles per hour on a flat surface with not more than
3.26one percent grade in any direction when the motor is engaged. "Motorized bicycle"
3.27includes does not include an electric-assisted bicycle as defined in subdivision 27.

3.28    Sec. 9. Minnesota Statutes 2010, section 169.222, subdivision 6, is amended to read:
3.29    Subd. 6. Bicycle equipment. (a) No person shall operate a bicycle at nighttime
3.30unless the bicycle or its operator is equipped with (1) a lamp which shall emit emits
3.31a white light visible from a distance of at least 500 feet to the front; and with (2) a red
3.32reflector of a type approved by the Department of Public Safety which is visible from all
4.1distances from 100 feet to 600 feet to the rear when directly in front of lawful lower
4.2beams of headlamps on a motor vehicle.
4.3(b) No person may operate a bicycle at any time when there is not sufficient light to
4.4render persons and vehicles on the highway clearly discernible at a distance of 500 feet
4.5ahead, unless the bicycle or its operator is equipped with reflective surfaces that shall be
4.6visible during the hours of darkness from 600 feet when viewed in front of lawful lower
4.7beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective
4.8materials on each side of each pedal to indicate their presence from the front or the rear and
4.9with a minimum of 20 square inches of reflective material on each side of the bicycle or its
4.10operator. Any bicycle equipped with side reflectors as required by regulations for new
4.11bicycles prescribed by the United States Consumer Product Safety Commission shall be
4.12considered to meet the requirements for side reflectorization contained in this subdivision.
4.13(c) A bicycle may be equipped with a rear lamp that emits a red flashing signal.
4.14(b) (d) No person shall operate a bicycle unless it is equipped with a brake which will
4.15enable enables the operator to make the braked wheels skid on dry, level, clean pavement.
4.16(c) (e) No person shall operate upon a highway any bicycle equipped with handlebars
4.17so raised that the operator must elevate the hands above the level of the shoulders in
4.18order to grasp the normal steering grip area.
4.19(d) (f) No person shall operate upon a highway any bicycle which is of such a size
4.20as to prevent the operator from stopping the bicycle, supporting it with at least one foot
4.21on the highway surface and restarting in a safe manner.

4.22    Sec. 10. Minnesota Statutes 2010, section 169.222, is amended by adding a subdivision
4.23to read:
4.24    Subd. 6a. Operator and passenger equipment. No person under the age of 18
4.25shall operate or ride an electric-assisted bicycle on a street or highway without wearing
4.26properly fitted and fastened headgear that (1) complies with standards established by
4.27the commissioner of public safety under section 169.974, subdivision 4; or (2) meets
4.28the standards under Code of Federal Regulations, title 16, part 1203, or successor
4.29requirements.

4.30    Sec. 11. Minnesota Statutes 2010, section 169.222, is amended by adding a subdivision
4.31to read:
4.32    Subd. 6b. Operator age. No person under the age of 15 shall operate an
4.33electric-assisted bicycle.

5.1    Sec. 12. Minnesota Statutes 2010, section 169.222, subdivision 7, is amended to read:
5.2    Subd. 7. Sale with reflectors and other equipment. No person shall sell or offer
5.3for sale any new bicycle unless it is equipped with reflectors and other equipment as
5.4required by subdivision 6, clauses (a) and (b) and (d) and by the applicable regulations for
5.5new bicycles prescribed by the United States Consumer Product Safety Commission.

5.6    Sec. 13. Minnesota Statutes 2010, section 169.223, subdivision 1, is amended to read:
5.7    Subdivision 1. Safety equipment; parking. Except as otherwise provided in this
5.8section, Section 169.974 relating to motorcycles is applicable to motorized bicycles,
5.9except as otherwise provided in this section and except that:
5.10(1) protective headgear includes headgear that meets the American National
5.11Standard for Protective Headgear for Bicyclists, ANSI Z90.4-1984, approved by the
5.12American National Standards Institute, Inc. standards under Code of Federal Regulations,
5.13title 16, part 1203, or successor requirements;
5.14(2) a motorized bicycle equipped with a headlight and taillight meeting the
5.15requirements of lighting for motorcycles may be operated during nighttime hours;
5.16(3) except as provided in clause (5), protective headgear is not required for operators
5.1718 years of age or older; and
5.18(4) the provisions of section 169.222, subdivision 9, governing the parking of
5.19bicycles apply to motorized bicycles;.
5.20(5) the operator of an electric-assisted bicycle must wear properly fitted and
5.21fastened headgear that meets the American National Standard for Protective Headgear for
5.22Bicyclists, ANSI Z90.4-1984, approved by the American National Standards Institute,
5.23Inc., when operating the electric-assisted bicycle on a street or highway; and
5.24(6) eye protection devices are not required for operators of electric-assisted bicycles.

5.25    Sec. 14. Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read:
5.26    Subd. 5. Other operation requirements and prohibitions. (a) A person operating
5.27a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb
5.28or edge of the roadway except in one of the following situations:
5.29(1) when overtaking and passing another vehicle proceeding in the same direction;
5.30(2) when preparing for a left turn at an intersection or into a private road or
5.31driveway; or
5.32(3) when reasonably necessary to avoid conditions, including fixed or moving
5.33objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
5.34it unsafe to continue along the right-hand curb or edge.
6.1(b) Persons operating motorized bicycles on a roadway may not ride more than two
6.2abreast and may not impede the normal and reasonable movement of traffic. On a laned
6.3roadway, a person operating a motorized bicycle shall ride within a single lane.
6.4(c) This section does not permit the operation of a motorized bicycle on a bicycle
6.5path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic.
6.6(d) Subject to the provisions of section 160.263, subdivision 3, a person may operate
6.7an electric-assisted bicycle on a bicycle lane. A person may operate an electric-assisted
6.8bicycle on the shoulder of a roadway if the electric-assisted bicycle is traveling in the same
6.9direction as the adjacent vehicular traffic.

6.10    Sec. 15. Minnesota Statutes 2010, section 171.01, subdivision 41, is amended to read:
6.11    Subd. 41. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled
6.12by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
6.13centimeters or less, and a maximum of two brake horsepower, which is capable of a
6.14maximum speed of not more than 30 miles per hour on a flat surface with not more than
6.15one percent grade in any direction when the motor is engaged. "Motorized bicycle"
6.16includes an electric-assisted bicycle as defined in section 169.011, subdivision 27 has the
6.17meaning given in section 169.011, subdivision 45.
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