RÉSUMÉ DIGEST
ACT 152 (HB 514) 2020 Regular Session Willard
Existing law provides definitions related to motor vehicles and traffic regulations.
Prior law defined "bicycle" as every device upon which any person may ride, propelled
exclusively by human power, and having one or more wheels.
New law modifies the definition of "bicycle" from every device upon which any person may
ride to every device upon which any person or persons may ride when the design
accommodates passengers and has a saddle or seat for each rider. New law further modifies
the definition of "bicycle" from a device having one or more wheels to a device having two
tandem wheels, either of which is 16 inches or more in diameter, or three wheels, any one
of which is 20 inches or more in diameter.
New law defines an "electric-assisted bicycle" as every bicycle upon which any person or
persons, when the design accommodates passengers and has a saddle or seat for each rider,
may ride, having two tandem wheels, either of which is 16 inches or more in diameter, or
three wheels, any one of which is 20 inches or more in diameter, equipped with fully
operable pedals, and an electric motor of less than 750 watts that meets the requirement of
either a Class one electric-assisted bicycle, a Class two electric-assisted bicycle, or a Class
three electric-assisted bicycle.
New law defines a "Class one electric-assisted bicycle" as an electric-assisted bicycle
equipped with a motor that provides assistance only when the rider is pedaling and ceases
to provide assistance when the bicycle reaches the speed of 20 mph.
New law defines a "Class two electric-assisted bicycle" as an electric-assisted bicycle
equipped with a motor that may be used exclusively to propel the bicycle and is not capable
of providing assistance when the bicycle reaches the speed of 20 mph.
New law defines a "Class three electric-assisted bicycle" as an electric-assisted bicycle
equipped with a motor that provides assistance only when the rider is pedaling and ceases
to provide assistance when the bicycle reaches the speed of 28 mph.
New law requires an electric-assisted bicycle comply with the equipment and manufacturing
for bicycles in compliance with the United States Consumer Product Safety Commission.
New law requires that an electric-assisted bicycle operate in a manner where the electric
motor is disengaged or ceases to function when the rider stops pedaling or when the brakes
are applied.
Existing law defines a "motorcycle" as every motor vehicle having a seat or saddle for the
use of the rider and designed to travel on not more than three wheels in contact with the
ground. Existing law excludes a tractor and a motorized bicycle from the definition of a
motorcycle.
New law adds an exclusion for an "electric-assisted bicycle" to the definition of a
motorcycle.
Existing law defines "motor vehicle" as every vehicle which is self-propelled and every
vehicle which is propelled by electric power obtained from overhead trolley wires but not
operated upon rails. Existing law excludes a motorized bicycle from the definition of a
motor vehicle.
New law adds an exclusion for an "electric-assisted bicycle" to the definition of "motor
vehicle".
Existing law defines "motorized bicycle" as a pedal bicycle which may be propelled by
human power or helper motor, or by both, with a motor rated no more than one and one-half
brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic
transmission, and which produces a maximum design speed of 25 mph on a flat surface. New law adds an exclusion for an "electric-assisted bicycle" to the definition of a "motorized
bicycle".
Existing law authorizes the use of a motorized bicycle in a bicycle lane when the driver
travels at a reasonable or prudent speed, has due regard for visibility, traffic conditions, and
the condition of the roadway surface of the bicycle lane, and in a manner which does not
endanger the safety of bicyclists.
Existing law defines "all-terrain vehicle" as any vehicle manufactured for off-road use and
issued a manufacturer's statement or certificate of origin, as required by the commission, that
cannot be issued a registration certificate and license to operate on the public roads of this
state because, at the time of manufacture, the vehicle does not meet the safety requirements
prescribed in existing law. Existing law includes vehicles issued a title by the Dept. of
Public Safety and Corrections, public safety services, such as recreational and sports vehicle,
which does not include off-road vehicles used for farm purposes, farm equipment, or heavy
construction equipment.
New law adds an exclusion for an electric-assisted bicycle to the definition of "all-terrain
vehicle".
New law also authorizes the use of an electric-assisted bicycle in a bicycle lane when the
driver travels at a reasonable or prudent speed, has due regard for visibility, traffic
conditions, and the condition of the roadway surface of the bicycle lane, and in a manner
which does not endanger the safety of bicyclists.
New law authorizes the use of an electric-assisted bicycle in places where bicycles are
allowed, which includes streets, highways, roadways, bicycle facilities, bicycles lanes,
shared-use trails, and bicycle paths or trails.
New law requires electric-assisted bicycles or an operator of an electric-assisted bicycle to
be afforded all the rights, privileges, and duties of a bicycle or the operator of a bicycle.
Specifies that an electric-assisted bicycle is considered a vehicle in the same regards as a
bicycle.
New law authorizes a local municipal authority, local parish authority, or state agency having
jurisdiction over a shared-use trail or bicycle path or trail to prohibit the operation of Class
one or Class two electric-assisted bicycles on such path or trail should it find, after notice and
a public hearing, that such a restriction is necessary for safety reasons or compliance with
other laws or legal obligations.
New law authorizes a local municipal authority, local parish authority, or state agency having
jurisdiction over a shared-use trail or bicycle path or trail to prohibit the operation of Class
three electric-assisted bicycles on such path or trail.
New law establishes that the regulations by a local municipal authority, local parish
authority, or state agency having jurisdiction over a shared-use trail or bicycle path or trail
do not apply to a trail that is specifically designated as nonmotorized and has a natural
surface tread made by clearing and grading the native soil with no added surface materials.
New law authorizes a local municipal authority, local parish authority, or state agency
having jurisdiction over a shared-use trail or bicycle path or trail to regulate the use of an
electric-assisted bicycle on that trail.
New law requires all operators and passengers of Class three electric-assisted bicycles to
wear an approved bicycle helmet.
New law defines the term "approved helmet" to mean the same as the definition provided in
existing law.
New law requires manufacturers and distributors of electric-assisted bicycles to apply a label
permanently affixed in a prominent location to each electric-assisted bicycle. New law
requires the label contain the classification number, top-assisted speed, and motor wattage
of the electric-assisted bicycle. New law prohibits a person from tampering with or modifying an electric-assisted bicycle
so as to change its classification, unless the manufacturer's label indicating its classification
is appropriately replaced.
New law prohibits a person under the age of 12 from operating a "Class three electric-
assisted bicycle". Authorizes a person under the age of 12 to ride as a passenger on a "Class
three electric-assisted bicycle" designed to accommodate passengers.
New law requires a prima facie evidence of negligence for the issuance of a citation for a
violation of the provisions of existing law. Requires the comparable negligence statutes of
La. apply to a violation of existing law.
New law prohibits the provisions of existing law (R.S. 32:57) from applying to a violation
of provisions governing electric-assisted bicycles. Requires a person in violation of new law
to be fined $50 upon conviction, which shall include court costs. Specifies that no other cost
may be assessed against a person in violation of said provisions. Requires the fine be waived
if the operator of the Class three electric-assisted bicycle provides proof of purchasing an
approved helmet.
New law requires Class three electric-assisted bicycles to be equipped with a speedometer
that displays the speed in mph.
Effective Aug. 1, 2020.
(Amends R.S. 32:1(4), (38), (40), (41), 203(C), 401(17), (19) and (20), 851(5), and 1252(1)
and (30); Adds R.S. 32:1(95) and 204)