| 47 | | - | An Act concerning 1[low-speed]1 electric bicycles and motorized bicycles, amending R.S.39:1-1 1, P.L.2019, c.121, and P.L.2021, c.1941, and supplementing Title 56 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. R.S.39:1-1 is amended to read as follows: 39:1-1. As used in this subtitle, unless other meaning is clearly apparent from the language or context, or unless inconsistent with the manifest intention of the Legislature: "Alley" means a public highway wherein the roadway does not exceed 12 feet in width. "Authorized emergency vehicles" means vehicles of the fire department, police vehicles and such ambulances and other vehicles as are approved by the chief administrator when operated in response to an emergency call. "Autocycle" means a three-wheeled motorcycle designed to be controlled with a steering wheel and pedals in which the operator and passenger may ride in a completely or partially enclosed seating area that is equipped with a roll cage or roll hoops, safety seat belts for each occupant, and anti-lock brakes. "Automobile" includes all motor vehicles except motorcycles. "Berm" means that portion of the highway exclusive of roadway and shoulder, bordering the shoulder but not to be used for vehicular travel. "Business district" means that portion of a highway and the territory contiguous thereto, where within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the roadway. "Car pool" means two or more persons commuting on a daily basis to and from work by means of a vehicle with a seating capacity of nine passengers or less. "Chief Administrator" or "Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission. 1"Class 1 electric bicycle" means a two-wheeled vehicle with fully-operable pedals; a saddle or seat for the rider; and an electric motor of less than 750 watts that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. "Class 2 electric bicycle" means a two-wheeled vehicle with fully-operable pedals; a saddle or seat for the rider; and an electric motor of less than 750 watts that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.1 "Commercial motor vehicle" includes every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, excepting such vehicles as are run only upon rails or tracks and vehicles of the passenger car type used for touring purposes or the carrying of farm products and milk, as the case may be. "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L.2003, c.13 (C.39:2A-4). "Commissioner" means the Commissioner of Transportation of this State. "Commuter van" means a motor vehicle having a seating capacity of not less than seven nor more than 15 adult passengers, in which seven or more persons commute on a daily basis to and from work and which vehicle may also be operated by the driver or other designated persons for their personal use. "Crosswalk" means that part of a highway at an intersection, either marked or unmarked existing at each approach of every roadway intersection, included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the shoulder, or, if none, from the edges of the roadway; also, any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other marking on the surface. "Curb extension" or "bulbout" means a horizontal extension of the sidewalk into the street which results in a narrower roadway section. "Dealer" includes every person actively engaged in the business of buying, selling or exchanging motor vehicles or motorcycles and who has an established place of business. "Deputy Chief Administrator" means the deputy chief administrator of the commission. "Driver" means the rider or driver of a horse, bicycle or motorcycle or the driver or operator of a motor vehicle, unless otherwise specified. "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. "Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. "Flammable liquid" means any liquid having a flash point below 200 degrees Fahrenheit, and a vapor pressure not exceeding 40 pounds. "Gross weight" means the combined weight of a vehicle and a load thereon. "High occupancy vehicle" or "HOV" means a vehicle which is used to transport two or more persons and shall include public transportation, car pool, van pool, and other vehicles as determined by regulation of the Department of Transportation. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. "Horse" includes mules and all other domestic animals used as draught animals or beasts of burden. "Inside lane" means the lane nearest the center line of the roadway. "Intersection" means the area embraced within the prolongation of the lateral curb lines or, if none, the lateral boundary lines of two or more highways which join one another at an angle, whether or not one such highway crosses another. "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. "Leased limousine" means any limousine subject to regulation in the State which: a. Is offered for rental or lease, without a driver, to be operated by a limousine service as the lessee, for the purpose of carrying passengers for hire; and b. Is leased or rented for a period of one year or more following registration. "Leased motor vehicle" means any motor vehicle subject to registration in this State which: a. Is offered for rental or lease, without a driver, to be operated by the lessee, his agent or servant, for purposes other than the transportation of passengers for hire; and b. Is leased or rented for a period of one year or more following registration. "Limited-access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway; and includes any highway designated as a "freeway" or "parkway" by authority of law. "Local authorities" means every county, municipal and other local board or body having authority to adopt local police regulations under the Constitution and laws of this State, including every county governing body with relation to county roads. 1["Low-speed electric bicycle" means a two or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts [,] that meets the requirements of one of the following classifications: "class 1 low-speed electric bicycle" [which] means a low-speed electric bicycle equipped with a motor that (1) provides assistance only when the rider is pedaling, [and that] (2) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and (3) is not capable of providing assistance to reach speeds greater than 20 miles per hour; or "class 2 low-speed electric bicycle'' [which] means a low-speed electric bicycle equipped with a motor that (1) may be used exclusively to propel the bicycle [, and that] and (2) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.]1 "Low-speed electric scooter" means a scooter with a floorboard that can be stood upon by the operator, with handlebars, and an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of less than 19 miles per hour. "Low-speed vehicle" means a four-wheeled low-speed vehicle, as defined in 49 C.F.R. s.571.3(b), whose attainable speed is more than 20 miles per hour but not more than 25 miles per hour on a paved level surface and which is not powered by gasoline or diesel fuel and complies with federal safety standards as set forth in 49 C.F.R. s.571.500. "Magistrate" means any municipal court and the Superior Court, and any officer having the powers of a committing magistrate and the chief administrator. "Manufacturer" means a person engaged in the business of manufacturing or assembling motor vehicles, who will, under normal business conditions during the year, manufacture or assemble at least 10 new motor vehicles. "Metal tire" means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material. "Mid-block crosswalk" means a crosswalk located away from an intersection, distinctly indicated by lines or markings on the surface. "Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface or a pedal bicycle having an electric motor that is capable of propelling the bicycle in excess of 20 miles per hour with a maximum motor-powered speed of no more than 28 miles per hour on a flat surface. 1[A "motorized bicycle" with an electric motor shall not have a motor that is capable of exclusively propelling the bicycle and shall have a maximum motor-powered speed of no more than 28 miles per hour.]1 This term shall not include a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle 1,1 or low-speed electric scooter as defined in this section. "Motorcycle" includes motorcycles, autocycles, motor bikes, bicycles with motor attached and all motor-operated vehicles of the bicycle or tricycle type, except motorized bicycles, 1[low-speed] class 1 electric bicycles, class 21 electric bicycles, and low-speed electric scooters as defined in this section, whether the motive power be a part thereof or attached thereto and having a saddle or seat with driver sitting astride or upon it or a platform on which the driver stands. "Motor-drawn vehicle" includes trailers, semitrailers, or any other type of vehicle drawn by a motor-driven vehicle. "Motor vehicle" includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks, 1[low-speed] class 1 electric bicycles, class 21 electric bicycles, low-speed electric scooters, and motorized bicycles. "Motorized scooter" means a miniature motor vehicle and includes, but is not limited to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, mini motorcycles, motorized skateboards and other vehicles with motors not manufactured in compliance with Federal Motor Vehicle Safety Standards and which have no permanent Federal Safety Certification stickers affixed to the vehicle by the original manufacturer. This term shall not include: electric personal assistive mobility devices, motorized bicycles, low-speed vehicles, 1[low-speed] class 1 electric bicycles, class 21 electric bicycles, or low-speed electric scooters; or motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness. "Motorized skateboard" means a skateboard that is propelled otherwise than by muscular power. "Motorized wheelchair" means any motor-driven wheelchair utilized to increase the independent mobility, in the activities of daily living, of an individual who has limited or no ambulation abilities, and includes mobility scooters manufactured specifically for such purposes and designed primarily for indoor use. "Noncommercial truck" means every motor vehicle designed primarily for transportation of property, and which is not a "commercial vehicle." "Official traffic control devices" means all signs, signals, markings, and devices not inconsistent with this subtitle placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. "Omnibus" includes all motor vehicles used for the transportation of passengers for hire, except commuter vans and vehicles used in ridesharing arrangements and school buses, if the same are not otherwise used in the transportation of passengers for hire. "Operator" means a person who is in actual physical control of a vehicle or street car. "Outside lane" means the lane nearest the curb or outer edge of the roadway. "Owner" means a person who holds the legal title of a vehicle, or if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of this subtitle. "Parking" means the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals. "Passenger automobile" means all automobiles used and designed for the transportation of passengers, other than omnibuses and school buses. "Pedestrian" means a person afoot. "Pedicab" means a wheeled device that: (1) contains three or more wheels; (2) is designed to transport passengers and be propelled by muscular power using pedals; (3) is designed to accommodate no more than 15 passengers in addition to the driver; (4) is operated for hire; and (5) if equipped with a motor, is equipped with an electric motor that meets the classifications of a class 1 1[or class 2 low-speed] electric bicycle or a class 21 electric bicycle. A pedicab shall not be considered a motor vehicle or a motorcycle. "Person" includes natural persons, firms, copartnerships, associations, and corporations. "Pneumatic tire" means every tire in which compressed air is designed to support the load. "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. "Private road or driveway" means every road or driveway not open to the use of the public for purposes of vehicular travel. "Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except street cars. "REAL ID basic driver's license" means a basic driver's license issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "REAL ID identification card" means an identification card issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "REAL ID license" means any license to operate a motor vehicle issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "REAL ID motorcycle license" means a motorcycle license issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "REAL ID probationary license" means a probationary license issued by the commission that complies with the provisions of the "REAL ID Act of 2005," P.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "Recreation vehicle" means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance. "Residence district" means that portion of a highway and the territory contiguous thereto, not comprising a business district, where within any 600 feet along such highway there are buildings in use for business or residential purposes which occupy 300 feet or more of frontage on at least one side of the highway. "Ridesharing" means the transportation of persons in a motor vehicle, with a maximum carrying capacity of not more than 15 passengers, including the driver, where such transportation is incidental to the purpose of the driver. The term shall include such ridesharing arrangements known as car pools and van pools. "Right-of-way" means the privilege of the immediate use of the highway. "Road tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways, collectively. "Safety zone" means the area or space officially set aside within a highway for the exclusive use of pedestrians, which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone. "School bus" means every motor vehicle operated by, or under contract with, a public or governmental agency, or religious or other charitable organization or corporation, or privately operated for the transportation of children to or from school for secular or religious education, which complies with the regulations of the New Jersey Motor Vehicle Commission affecting school buses, including "School Vehicle Type I" and "School Vehicle Type II" as defined below: "School Vehicle Type I" means any vehicle designed to transport 16 or more passengers, including the driver, used to transport enrolled children, and adults only when serving as chaperones, to or from a school, school connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency. "School Vehicle Type II" means any vehicle designed to transport less than 16 passengers, including the driver, used to transport enrolled children, and adults only when serving as chaperones, to or from a school, school connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency. "School zone" means that portion of a highway which is either contiguous to territory occupied by a school building or is where school crossings are established in the vicinity of a school, upon which are maintained appropriate "school signs" in accordance with specifications adopted by the chief administrator and in accordance with law. "School crossing" means that portion of a highway where school children are required to cross the highway in the vicinity of a school. "Semitrailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. "Shipper" means any person who shall deliver, or cause to be delivered, any commodity, produce or article for transportation as the contents or load of a commercial motor vehicle. In the case of a sealed ocean container, "shipper" shall not be construed to include any person whose activities with respect to the shipment are limited to the solicitation or negotiation of the sale, resale, or exchange of the commodity, produce or article within that container. "Shoulder" means that portion of the highway, exclusive of and bordering the roadway, designed for emergency use but not ordinarily to be used for vehicular travel. "Sidewalk" means that portion of a highway intended for the use of pedestrians, between the curb line or the lateral line of a shoulder, or if none, the lateral line of the roadway and the adjacent right-of-way line. "Sign." See "Official traffic control devices." "Slow-moving vehicle" means a vehicle run at a speed less than the maximum speed then and there permissible. "Solid tire" means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. "Standard" means, when used to describe any license to operate a motor vehicle or any identification card issued by the commission under the provisions of this Title, that the issuance of the license or identification card does not require proof of lawful presence in the United States. "Street" means the same as highway. "Street car" means a car other than a railroad train, for transporting persons or property and operated upon rails principally within a municipality. "Stop," when required, means complete cessation from movement. "Stopping or standing," when prohibited, means any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. "Suburban business or residential district" means that portion of highway and the territory contiguous thereto, where within any 1,320 feet along that highway there is land in use for business or residential purposes and that land occupies more than 660 feet of frontage on one side or collectively more than 660 feet of frontage on both sides of that roadway. "Through highway" means every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter. "Trackless trolley" means every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails. "Traffic" means pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly, or together, while using any highway for purposes of travel. "Traffic control signal" means a device, whether manually, electrically, mechanically, or otherwise controlled, by which traffic is alternately directed to stop and to proceed. "Trailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. "Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property. "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. "Van pooling" means seven or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry seven to 15 adult passengers. "Vehicle" means every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or 1[low-speed] class 1 electric bicycles, class 21 electric bicycles, low-speed electric scooters, or motorized bicycles. (cf: P.L.2022, c.16, s.2) 12. Section 2 of P.L.2019, c.121 (C.39:4-14.16) is amended to read as follows: 2. a. A [low-speed] class 1 electric bicycle, class 2 electric bicycle, or low-speed electric scooter, as defined in R.S.39:1-1, may be operated on the streets, highways, roadways, and bicycle paths of this State, except as otherwise provided in this section, and may be parked on a sidewalk provided that the [low-speed] class 1 electric bicycle, class 2 electric bicycle , or low-speed electric scooter does not impede the normal movement of pedestrian or other traffic upon the sidewalk. b. On and after January 1, 2019, manufacturers and distributors of [low-speed] class 1 electric bicycles or class 2 electric bicycles shall apply a label that is permanently affixed, in a prominent location, to [each low-speed] the frame of each class 1 electric bicycle or class 2 electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the [low-speed] class 1 electric bicycle or class 2 electric bicycle, and shall be printed in Arial font in at least 9-point type. c. A person shall not tamper with or modify a [low-speed] class 1 electric bicycle or class 2 electric bicycle so as to change the motor-powered speed capability or engagement of a [low-speed] class 1 electric bicycle or class 2 electric bicycle, unless that person appropriately replaces the label indicating the classification required in subsection b. of this section. d. A [low-speed] class 1 electric bicycle, class 2 electric bicycle, or low-speed electric scooter may be operated on bicycle paths, except that a local government entity or State agency may prohibit the operation of [low-speed] class 1 electric bicycles, class 2 electric bicycles, or low-speed electric scooters on bicycle paths under its jurisdiction. e. Unless permitted by a local government entity or State agency with jurisdiction, a [low-speed] class 1 electric bicycle, class 2 electric bicycle, or low-speed electric scooter shall not be operated on a trail designated for non-motorized traffic if such trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added. f. The operator of a [low-speed] class 1 electric bicycle, class 2 electric bicycle, or low-speed electric scooter shall not be required to register the [low-speed] class 1 electric bicycle, class 2 electric bicycle, or low-speed electric scooter, furnish proof of insurance, or have a driver's license. g. Except as otherwise provided by this section, all statutes, including the provisions of chapter 4 of Title 39 of the Revised Statutes, rules, and regulations applicable to bicycles, as defined in section 1 of P.L.1991, c.465 (C.39:4-10.1), shall apply to [low-speed] class 1 electric bicycles, class 2 electric bicycles, and low-speed electric scooters, except those provisions which by their very nature may have no application to [low-speed] class 1 electric bicycles, class 2 electric bicycles, or low-speed electric scooters. h. A [low-speed] class 1 electric bicycle, class 2 electric bicycle, or low-speed electric scooter shall be considered a motor vehicle to the extent required by 23 U.S.C. s.154. i. Any class 1 electric bicycle or class 2 electric bicycle sold, leased, or rented in the State shall comply with the equipment and manufacturing requirements for bicycles established by the United States Consumer Product Safety Commission pursuant to 16 C.F.R. Part 1512.1 (cf: P.L.2019, c.121, s.2) 13. Section 1 of P.L.2021, c.194 (C.39:4-92.4) is amended to read as follows: 1. a. As used in this section: "Bicycle" shall have the same meaning as set forth in section 2 of P.L.1975, c.328 (C.39:4-14.5). "Pedestrian" shall include, but not be limited to, a pedestrian as defined in R.S.39:1-1 or any other person who is upon the roadway and outside of a motor vehicle for work, emergency response, or recreation. "Personal conveyance" shall include, but not be limited to, a [low-speed] class 1 electric bicycle as defined in R.S.39:1-1, a class 2 electric bicycle as defined in R.S.39:1-1, a low-speed electric scooter as defined in R.S.39:1-1, a manual wheelchair, a motorized wheelchair as defined in R.S.39:1-1 or a similar mobility assisting device used by persons with physical disabilities or by persons whose ambulatory mobility has been impaired by age or illness, an electric personal assistive mobility device as defined in section 1 of P.L.2001, c.430 (C.39:4-14.10), a motorized scooter as defined in R.S.39:1-1, a skateboard as referenced in section 1 of P.L.1997, c.411 (C.39:4-10.5), a motorized skateboard as defined in R.S.39:1-1, roller skates as defined in section 1 of P.L.1997, c.411 (C.39:4-10.5), or any other device used by a person for transportation. b. The operator of a motor vehicle shall approach a pedestrian or a person operating a bicycle or personal conveyance located or operating in an area designated for pedestrians, bicycles, or personal conveyances on the roadways of this State with due caution and absent any other direction by a law enforcement officer, proceed as follows: (1) when possible under existing safety and traffic conditions, make a lane change into a lane not adjacent to the pedestrian or the person operating a bicycle or personal conveyance; (2) if a lane change cannot be made pursuant to paragraph (1) of this subsection, leave a reasonable and safe distance of not less than four feet while approaching the pedestrian or the person operating a bicycle or personal conveyance and maintain a distance of at least four feet until the motor vehicle has safely passed the pedestrian or person operating the bicycle or personal conveyance; or (3) if it is impossible, prohibited by law, or unsafe to make a lane change pursuant to paragraph (1) of this subsection or to leave a reasonable and safe distance of not less than four feet pursuant to paragraph (2) of this subsection, the motor vehicle operator shall reduce the speed of the motor vehicle to 25 miles per hour or a lower posted speed and be prepared to stop; the operator may pass the pedestrian or person operating a bicycle or personal conveyance only if, considering the size and speed of the motor vehicle, traffic conditions, weather, visibility, and the surface and width of the roadway, passing does not endanger the safety of a pedestrian, operator of the bicycle or personal conveyance, or any other person on the roadway. c. A person who commits a violation of the provisions of this section which results in bodily injury as defined in N.J.S.2C:11-1 shall be fined $500 and assessed two motor vehicle penalty points; if no bodily injury results, the violator shall be fined $100 and shall not be assessed any penalty points. d. Nothing in this section shall be construed to preclude or limit a prosecution or conviction for a violation of any offense defined by the laws of this State or for any violation of Title 39 of the Revised Statutes.1 (cf: P.L.2024, c.11, s.1) 1[2.] 4.1 (New section) a. As used in this section: "Accredited testing laboratory" means an independent laboratory accredited by an accreditation body to ISO/IEC 17025 or ISO/IEC 17065, or a Nationally Recognized Testing Laboratory (NRTL) as recognized by the United States Occupational Safety and Health Administration. "Certification" means the attestation by an accredited testing laboratory that the equipment, device, or product has been evaluated and tested and found to conform to the standards specified in this section. "Charging system" means dedicated chargers used for charging 1[low-speed] class 1 electric bicycles, class 21 electric bicycles, motorized bicycles, or storage batteries that are either in place or removed from 1[low-speed] class 1 electric bicycles, class 21 electric bicycles 1,1 or motorized bicycles for charging. 1"Class 1 electric bicycle" means the same as that term is defined in R.S.39:1-1. "Class 2 electric bicycle" means the same as that term is defined in R.S.39:1-1.1 "Complete electrical system" means all electric components of a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle 1,1 or motorized bicycle, including, but not limited to: drive units, batteries, battery management systems, interconnected wiring, charging systems, and power inlets. "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety. "Lithium-ion battery" means any button, coin, cylindrical, rectangular, or other-shaped dry cell battery consisting of lithium and other chemicals commonly used in electrical devices. 1["Low-speed electric bicycle" means the same as that term is defined in R.S.39:1-1.]1 "Motorized bicycle" means the same as that term is defined in R.S.39:1-1 and includes only those motorized bicycles that are powered by an electric motor. "Person" includes natural persons, firms, copartnerships, associations, and corporations. "Storage battery" means a rechargeable lithium-ion battery that supplies electrical power to the motor that propels a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle 1,1 or motorized bicycle and includes a replacement battery for those devices; a battery sold as part of a kit intended to convert a bicycle into a 1[low-speed] class 1 electric bicycle, a class 21 electric bicycle 1,1 or a motorized bicycle; or a lithium-ion battery advertised as suitable for use with 1[low-speed] class 1 electric bicycles, class 21 electric bicycles 1,1 or motorized bicycles. b. A person shall not sell, lease, rent, or otherwise distribute, or offer for sale, lease, rental, or distribution, a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle 1,1 or motorized bicycle unless the storage battery used for the bicycle has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or some other safety standard for 1[low-speed] class 1 electric bicycles, class 21 electric bicycles 1,1 or motorized bicycles as established by the division. c. A person shall not sell, lease, rent, or otherwise distribute, or offer for sale, lease, rental, or distribution, a storage battery for use in a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle 1,1 or motorized bicycle unless the battery: (1) is designed for a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle 1,1 or motorized bicycle; and (2) has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849, EN 15194, or some other safety standard as established by the division, or unless the battery is part of a complete electrical system for a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle 1,1 or motorized bicycle, which system has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2849, EN 15194, or some other safety standard as established by the division. d. (1) A person shall not rent, or offer for rental, a charging system for a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle 1,1 or 1[for a]1 motorized bicycle unless the charging system has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or some other safety standard for charging systems as established by the division. (2) A person shall not rent, or offer for rental, a charging system for a storage battery unless the charging system has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2272, ANSI/CAN/UL 2849, EN 15194, or some other safety standard for charging systems as established by the division. e. Charging systems advertised, distributed, sold, leased, or rented, or offered for sale, lease, or rental, for use with a particular 1[low-speed] class 1 electric bicycle, class 21 electric bicycle, motorized bicycle, or storage battery shall be certified for use with that 1[low-speed] class 1 electric bicycle, class 21 electric bicycle, motorized bicycle, or storage battery. f. (1) A person shall not sell, lease, or otherwise distribute, or offer for sale, lease, or distribution, a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle, motorized bicycle, storage battery, or charging system unless the logo, wordmark, label, or name of an accredited testing laboratory and the applicable certification standard used to show compliance is permanently affixed directly on the 1[low-speed] class 1 electric bicycle or its electrical system, class 21 electric bicycle or its electrical system, motorized bicycle or its electrical system, storage battery, or charging system. (2) A person shall not be required to display the logo, wordmark, label, or name of an accredited testing laboratory if the 1[low-speed] class 1 electric bicycle, class 21 electric bicycle, motorized bicycle, storage battery, or charging system is being sold or leased secondhand. g. A manufacturer, importer, distributor, or retailer of 1[low-speed] class 1 electric bicycles, class 21 electric bicycles, motorized bicycles, storage batteries, or charging systems subject to testing pursuant to this section shall provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory. h. A person seeking to sell, lease, or otherwise distribute, or offer for sale, lease, or distribution, a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle, motorized bicycle, or storage battery shall comply with the testing and certification requirements established pursuant to this section by January 1, 2026. A person seeking to rent, or offer for rental, a 1[low-speed] class 1 electric bicycle, class 21 electric bicycle, motorized bicycle, storage battery, or charging system shall comply with the testing and certification requirements established pursuant to this section by January 1, 2028. i. The State Fire Marshal shall prepare and adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that promote the fire and electrical safety of 1[low-speed] class 1 electric bicycles, class 21 electric bicycles, motorized bicycles, and storage batteries. 1[3.] 5.1 This act shall take effect immediately. |
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| 45 | + | An Act concerning low-speed electric bicycles and motorized bicycles, amending R.S.39:1-1, and supplementing Title 56 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. R.S.39:1-1 is amended to read as follows: 39:1-1. As used in this subtitle, unless other meaning is clearly apparent from the language or context, or unless inconsistent with the manifest intention of the Legislature: "Alley" means a public highway wherein the roadway does not exceed 12 feet in width. "Authorized emergency vehicles" means vehicles of the fire department, police vehicles and such ambulances and other vehicles as are approved by the chief administrator when operated in response to an emergency call. "Autocycle" means a three-wheeled motorcycle designed to be controlled with a steering wheel and pedals in which the operator and passenger may ride in a completely or partially enclosed seating area that is equipped with a roll cage or roll hoops, safety seat belts for each occupant, and anti-lock brakes. "Automobile" includes all motor vehicles except motorcycles. "Berm" means that portion of the highway exclusive of roadway and shoulder, bordering the shoulder but not to be used for vehicular travel. "Business district" means that portion of a highway and the territory contiguous thereto, where within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the roadway. "Car pool" means two or more persons commuting on a daily basis to and from work by means of a vehicle with a seating capacity of nine passengers or less. "Chief Administrator" or "Administrator" means the Chief Administrator of the New Jersey Motor Vehicle Commission. "Commercial motor vehicle" includes every type of motor-driven vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, excepting such vehicles as are run only upon rails or tracks and vehicles of the passenger car type used for touring purposes or the carrying of farm products and milk, as the case may be. "Commission" means the New Jersey Motor Vehicle Commission established by section 4 of P.L.2003, c.13 (C.39:2A-4). "Commissioner" means the Commissioner of Transportation of this State. "Commuter van" means a motor vehicle having a seating capacity of not less than seven nor more than 15 adult passengers, in which seven or more persons commute on a daily basis to and from work and which vehicle may also be operated by the driver or other designated persons for their personal use. "Crosswalk" means that part of a highway at an intersection, either marked or unmarked existing at each approach of every roadway intersection, included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the shoulder, or, if none, from the edges of the roadway; also, any portion of a highway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other marking on the surface. "Curb extension" or "bulbout" means a horizontal extension of the sidewalk into the street which results in a narrower roadway section. "Dealer" includes every person actively engaged in the business of buying, selling or exchanging motor vehicles or motorcycles and who has an established place of business. "Deputy Chief Administrator" means the deputy chief administrator of the commission. "Driver" means the rider or driver of a horse, bicycle or motorcycle or the driver or operator of a motor vehicle, unless otherwise specified. "Explosives" means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. "Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. "Flammable liquid" means any liquid having a flash point below 200 degrees Fahrenheit, and a vapor pressure not exceeding 40 pounds. "Gross weight" means the combined weight of a vehicle and a load thereon. "High occupancy vehicle" or "HOV" means a vehicle which is used to transport two or more persons and shall include public transportation, car pool, van pool, and other vehicles as determined by regulation of the Department of Transportation. "Highway" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. "Horse" includes mules and all other domestic animals used as draught animals or beasts of burden. "Inside lane" means the lane nearest the center line of the roadway. "Intersection" means the area embraced within the prolongation of the lateral curb lines or, if none, the lateral boundary lines of two or more highways which join one another at an angle, whether or not one such highway crosses another. "Laned roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic. "Leased limousine" means any limousine subject to regulation in the State which: a. Is offered for rental or lease, without a driver, to be operated by a limousine service as the lessee, for the purpose of carrying passengers for hire; and b. Is leased or rented for a period of one year or more following registration. "Leased motor vehicle" means any motor vehicle subject to registration in this State which: a. Is offered for rental or lease, without a driver, to be operated by the lessee, his agent or servant, for purposes other than the transportation of passengers for hire; and b. Is leased or rented for a period of one year or more following registration. "Limited-access highway" means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway; and includes any highway designated as a "freeway" or "parkway" by authority of law. "Local authorities" means every county, municipal and other local board or body having authority to adopt local police regulations under the Constitution and laws of this State, including every county governing body with relation to county roads. "Low-speed electric bicycle" means a two or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts [,] that meets the requirements of one of the following classifications: "class 1 low-speed electric bicycle" [which] means a low-speed electric bicycle equipped with a motor that (1) provides assistance only when the rider is pedaling, [and that] (2) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and (3) is not capable of providing assistance to reach speeds greater than 20 miles per hour; or "class 2 low-speed electric bicycle'' [which] means a low-speed electric bicycle equipped with a motor that (1) may be used exclusively to propel the bicycle [, and that] and (2) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. "Low-speed electric scooter" means a scooter with a floorboard that can be stood upon by the operator, with handlebars, and an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of less than 19 miles per hour. "Low-speed vehicle" means a four-wheeled low-speed vehicle, as defined in 49 C.F.R. s.571.3(b), whose attainable speed is more than 20 miles per hour but not more than 25 miles per hour on a paved level surface and which is not powered by gasoline or diesel fuel and complies with federal safety standards as set forth in 49 C.F.R. s.571.500. "Magistrate" means any municipal court and the Superior Court, and any officer having the powers of a committing magistrate and the chief administrator. "Manufacturer" means a person engaged in the business of manufacturing or assembling motor vehicles, who will, under normal business conditions during the year, manufacture or assemble at least 10 new motor vehicles. "Metal tire" means every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material. "Mid-block crosswalk" means a crosswalk located away from an intersection, distinctly indicated by lines or markings on the surface. "Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface or a pedal bicycle having an electric motor that is capable of propelling the bicycle in excess of 20 miles per hour with a maximum motor-powered speed of no more than 28 miles per hour on a flat surface. A "motorized bicycle" with an electric motor shall not have a motor that is capable of exclusively propelling the bicycle and shall have a maximum motor-powered speed of no more than 28 miles per hour. This term shall not include a low-speed electric bicycle or low-speed electric scooter as defined in this section. "Motorcycle" includes motorcycles, autocycles, motor bikes, bicycles with motor attached and all motor-operated vehicles of the bicycle or tricycle type, except motorized bicycles, low-speed electric bicycles, and low-speed electric scooters as defined in this section, whether the motive power be a part thereof or attached thereto and having a saddle or seat with driver sitting astride or upon it or a platform on which the driver stands. "Motor-drawn vehicle" includes trailers, semitrailers, or any other type of vehicle drawn by a motor-driven vehicle. "Motor vehicle" includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks, low-speed electric bicycles, low-speed electric scooters, and motorized bicycles. "Motorized scooter" means a miniature motor vehicle and includes, but is not limited to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, mini motorcycles, motorized skateboards and other vehicles with motors not manufactured in compliance with Federal Motor Vehicle Safety Standards and which have no permanent Federal Safety Certification stickers affixed to the vehicle by the original manufacturer. This term shall not include: electric personal assistive mobility devices, motorized bicycles, low-speed vehicles, low-speed electric bicycles, or low-speed electric scooters; or motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness. "Motorized skateboard" means a skateboard that is propelled otherwise than by muscular power. "Motorized wheelchair" means any motor-driven wheelchair utilized to increase the independent mobility, in the activities of daily living, of an individual who has limited or no ambulation abilities, and includes mobility scooters manufactured specifically for such purposes and designed primarily for indoor use. "Noncommercial truck" means every motor vehicle designed primarily for transportation of property, and which is not a "commercial vehicle." "Official traffic control devices" means all signs, signals, markings, and devices not inconsistent with this subtitle placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. "Omnibus" includes all motor vehicles used for the transportation of passengers for hire, except commuter vans and vehicles used in ridesharing arrangements and school buses, if the same are not otherwise used in the transportation of passengers for hire. "Operator" means a person who is in actual physical control of a vehicle or street car. "Outside lane" means the lane nearest the curb or outer edge of the roadway. "Owner" means a person who holds the legal title of a vehicle, or if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of this subtitle. "Parking" means the standing or waiting on a street, road or highway of a vehicle not actually engaged in receiving or discharging passengers or merchandise, unless in obedience to traffic regulations or traffic signs or signals. "Passenger automobile" means all automobiles used and designed for the transportation of passengers, other than omnibuses and school buses. "Pedestrian" means a person afoot. "Pedicab" means a wheeled device that: (1) contains three or more wheels; (2) is designed to transport passengers and be propelled by muscular power using pedals; (3) is designed to accommodate no more than 15 passengers in addition to the driver; (4) is operated for hire; and (5) if equipped with a motor, is equipped with an electric motor that meets the classifications of a class 1 or class 2 low-speed electric bicycle. A pedicab shall not be considered a motor vehicle or a motorcycle. "Person" includes natural persons, firms, copartnerships, associations, and corporations. "Pneumatic tire" means every tire in which compressed air is designed to support the load. "Pole trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. "Private road or driveway" means every road or driveway not open to the use of the public for purposes of vehicular travel. "Railroad train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except street cars. "REAL ID basic driver's license" means a basic driver's license issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "REAL ID identification card" means an identification card issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "REAL ID license" means any license to operate a motor vehicle issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "REAL ID motorcycle license" means a motorcycle license issued by the commission that complies with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "REAL ID probationary license" means a probationary license issued by the commission that complies with the provisions of the "REAL ID Act of 2005," P.L.109-13, any acts amendatory or supplementary thereto, and any federal regulations adopted thereunder. "Recreation vehicle" means a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance. "Residence district" means that portion of a highway and the territory contiguous thereto, not comprising a business district, where within any 600 feet along such highway there are buildings in use for business or residential purposes which occupy 300 feet or more of frontage on at least one side of the highway. "Ridesharing" means the transportation of persons in a motor vehicle, with a maximum carrying capacity of not more than 15 passengers, including the driver, where such transportation is incidental to the purpose of the driver. The term shall include such ridesharing arrangements known as car pools and van pools. "Right-of-way" means the privilege of the immediate use of the highway. "Road tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately, but not to all such roadways, collectively. "Safety zone" means the area or space officially set aside within a highway for the exclusive use of pedestrians, which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone. "School bus" means every motor vehicle operated by, or under contract with, a public or governmental agency, or religious or other charitable organization or corporation, or privately operated for the transportation of children to or from school for secular or religious education, which complies with the regulations of the New Jersey Motor Vehicle Commission affecting school buses, including "School Vehicle Type I" and "School Vehicle Type II" as defined below: "School Vehicle Type I" means any vehicle designed to transport 16 or more passengers, including the driver, used to transport enrolled children, and adults only when serving as chaperones, to or from a school, school connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency. "School Vehicle Type II" means any vehicle designed to transport less than 16 passengers, including the driver, used to transport enrolled children, and adults only when serving as chaperones, to or from a school, school connected activity, day camp, summer day camp, summer residence camp, nursery school, child care center, preschool center or other similar places of education. Such vehicle shall comply with the regulations of the New Jersey Motor Vehicle Commission and either the Department of Education or the Department of Human Services, whichever is the appropriate supervising agency. "School zone" means that portion of a highway which is either contiguous to territory occupied by a school building or is where school crossings are established in the vicinity of a school, upon which are maintained appropriate "school signs" in accordance with specifications adopted by the chief administrator and in accordance with law. "School crossing" means that portion of a highway where school children are required to cross the highway in the vicinity of a school. "Semitrailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. "Shipper" means any person who shall deliver, or cause to be delivered, any commodity, produce or article for transportation as the contents or load of a commercial motor vehicle. In the case of a sealed ocean container, "shipper" shall not be construed to include any person whose activities with respect to the shipment are limited to the solicitation or negotiation of the sale, resale, or exchange of the commodity, produce or article within that container. "Shoulder" means that portion of the highway, exclusive of and bordering the roadway, designed for emergency use but not ordinarily to be used for vehicular travel. "Sidewalk" means that portion of a highway intended for the use of pedestrians, between the curb line or the lateral line of a shoulder, or if none, the lateral line of the roadway and the adjacent right-of-way line. "Sign." See "Official traffic control devices." "Slow-moving vehicle" means a vehicle run at a speed less than the maximum speed then and there permissible. "Solid tire" means every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load. "Standard" means, when used to describe any license to operate a motor vehicle or any identification card issued by the commission under the provisions of this Title, that the issuance of the license or identification card does not require proof of lawful presence in the United States. "Street" means the same as highway. "Street car" means a car other than a railroad train, for transporting persons or property and operated upon rails principally within a municipality. "Stop," when required, means complete cessation from movement. "Stopping or standing," when prohibited, means any cessation of movement of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal. "Suburban business or residential district" means that portion of highway and the territory contiguous thereto, where within any 1,320 feet along that highway there is land in use for business or residential purposes and that land occupies more than 660 feet of frontage on one side or collectively more than 660 feet of frontage on both sides of that roadway. "Through highway" means every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this chapter. "Trackless trolley" means every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails. "Traffic" means pedestrians, ridden or herded animals, vehicles, street cars, and other conveyances either singly, or together, while using any highway for purposes of travel. "Traffic control signal" means a device, whether manually, electrically, mechanically, or otherwise controlled, by which traffic is alternately directed to stop and to proceed. "Trailer" means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. "Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property. "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. "Van pooling" means seven or more persons commuting on a daily basis to and from work by means of a vehicle with a seating arrangement designed to carry seven to 15 adult passengers. "Vehicle" means every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks or low-speed electric bicycles, low-speed electric scooters, or motorized bicycles. (cf: P.L.2022, c.16, s.2) 2. (New section) a. As used in this section: "Accredited testing laboratory" means an independent laboratory accredited by an accreditation body to ISO/IEC 17025 or ISO/IEC 17065, or a Nationally Recognized Testing Laboratory (NRTL) as recognized by the United States Occupational Safety and Health Administration. "Certification" means the attestation by an accredited testing laboratory that the equipment, device, or product has been evaluated and tested and found to conform to the standards specified in this section. "Charging system" means dedicated chargers used for charging low-speed electric bicycles, motorized bicycles, or storage batteries that are either in place or removed from low-speed electric bicycles or motorized bicycles for charging. "Complete electrical system" means all electric components of a low-speed electric bicycle or motorized bicycle, including, but not limited to: drive units, batteries, battery management systems, interconnected wiring, charging systems, and power inlets. "Division" means the Division of Consumer Affairs in the Department of Law and Public Safety. "Lithium-ion battery" means any button, coin, cylindrical, rectangular, or other-shaped dry cell battery consisting of lithium and other chemicals commonly used in electrical devices. "Low-speed electric bicycle" means the same as that term is defined in R.S.39:1-1. "Motorized bicycle" means the same as that term is defined in R.S.39:1-1 and includes only those motorized bicycles that are powered by an electric motor. "Person" includes natural persons, firms, copartnerships, associations, and corporations. "Storage battery" means a rechargeable lithium-ion battery that supplies electrical power to the motor that propels a low-speed electric bicycle or motorized bicycle and includes a replacement battery for those devices; a battery sold as part of a kit intended to convert a bicycle into a low-speed electric bicycle or a motorized bicycle; or a lithium-ion battery advertised as suitable for use with low-speed electric bicycles or motorized bicycles. b. A person shall not sell, lease, rent, or otherwise distribute, or offer for sale, lease, rental, or distribution, a low-speed electric bicycle or motorized bicycle unless the storage battery used for the bicycle has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or some other safety standard for low-speed electric bicycles or motorized bicycles as established by the division. c. A person shall not sell, lease, rent, or otherwise distribute, or offer for sale, lease, rental, or distribution, a storage battery for use in a low-speed electric bicycle or motorized bicycle unless the battery: (1) is designed for a low-speed electric bicycle or motorized bicycle; and (2) has been tested by an accredited testing laboratory for compliance with a battery standard referenced in ANSI/CAN/UL 2849, EN 15194, or some other safety standard as established by the division, or unless the battery is part of a complete electrical system for a low-speed electric bicycle or motorized bicycle, which system has been tested by an accredited testing laboratory for compliance with ANSI/CAN/UL 2849, EN 15194, or some other safety standard as established by the division. d. (1) A person shall not rent, or offer for rental, a charging system for a low-speed electric bicycle or for a motorized bicycle unless the charging system has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2849, EN 15194, or some other safety standard for charging systems as established by the division. (2) A person shall not rent, or offer for rental, a charging system for a storage battery unless the charging system has been tested by an accredited testing laboratory for compliance with a standard referenced in ANSI/CAN/UL 2272, ANSI/CAN/UL 2849, EN 15194, or some other safety standard for charging systems as established by the division. e. Charging systems advertised, distributed, sold, leased, or rented, or offered for sale, lease, or rental, for use with a particular low-speed electric bicycle, motorized bicycle, or storage battery shall be certified for use with that low-speed electric bicycle, motorized bicycle, or storage battery. f. (1) A person shall not sell, lease, or otherwise distribute, or offer for sale, lease, or distribution, a low-speed electric bicycle, motorized bicycle, storage battery, or charging system unless the logo, wordmark, label, or name of an accredited testing laboratory and the applicable certification standard used to show compliance is permanently affixed directly on the low-speed electric bicycle or its electrical system, motorized bicycle or its electrical system, storage battery, or charging system. (2) A person shall not be required to display the logo, wordmark, label, or name of an accredited testing laboratory if the low-speed electric bicycle, motorized bicycle, storage battery, or charging system is being sold or leased secondhand. g. A manufacturer, importer, distributor, or retailer of low-speed electric bicycles, motorized bicycles, storage batteries, or charging systems subject to testing pursuant to this section shall provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory. h. A person seeking to sell, lease, or otherwise distribute, or offer for sale, lease, or distribution, a low-speed electric bicycle, motorized bicycle, or storage battery shall comply with the testing and certification requirements established pursuant to this section by January 1, 2026. A person seeking to rent, or offer for rental, a low-speed electric bicycle, motorized bicycle, storage battery, or charging system shall comply with the testing and certification requirements established pursuant to this section by January 1, 2028. i. The State Fire Marshal shall prepare and adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that promote the fire and electrical safety of low-speed electric bicycles, motorized bicycles, and storage batteries. 3. This act shall take effect immediately. STATEMENT This bill requires any person seeking to sell, lease, rent, or otherwise distribute--or offer for sale, lease, rental, or distribution--a low-speed electric bicycle or motorized bicycle to ensure that the storage battery used in the low-speed electric bicycle or motorized bicycle has been tested by an accredited testing laboratory for compliance with certain standards outlined in the bill. The bill also requires any person seeking to sell, lease, rent, or otherwise distribute--or offer for sale, lease, rental, or distribution--a storage battery used in a low-speed electric bicycle or motorized bicycle to ensure that the storage battery has been tested by an accredited testing laboratory for compliance with certain standards outlined in the bill. Under the bill, any person seeking to rent, or offer for rental, a charging system for a low-speed electric bicycle, motorized bicycle, or storage battery is required to ensure that the charging system has been tested by an accredited testing laboratory for compliance with certain standards outlined in the bill. In addition, the bill requires charging systems used for a low-speed electric bicycle, motorized bicycle, or storage battery to be certified for use with such bicycles and batteries. The bill requires a low-speed electric bicycle, motorized bicycle, storage battery, or charging system, upon attaining certification, to display the logo, wordmark, label, or name of the accredited testing laboratory and the applicable certification standard before being sold, leased, or distributed. Under the provisions of the bill, a manufacturer, importer, distributor, or retailer of low-speed electric bicycles, motorized bicycles, charging systems, or storage batteries that are subject to testing under the bill is required to provide, upon request, a true and accurate copy of the test report for the product issued by the accredited testing laboratory. The bill further requires any individual seeking to sell, lease, or otherwise distribute--or offer for sale, lease, or distribution--a low-speed electric bicycle, motorized bicycle, or storage battery to comply with the testing and certification requirements established pursuant to the bill by January 1, 2026. Any individual seeking to rent, or offer for rental, a low-speed electric bicycle, motorized bicycle, storage battery, or charging system is required to comply with the testing and certification requirements established pursuant to the bill by January 1, 2028. The bill also requires the State Fire Marshal to prepare and adopt regulations that promote the fire and electrical safety of low-speed electric bicycles, motorized bicycles, and storage batteries. Finally, the bill clarifies that the definition of a "class 1 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that (1) provides assistance only when the rider is pedaling, (2) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and (3) is not capable of providing assistance to reach speeds greater than 20 miles per hour; while a "class 2 low-speed electric bicycle'' means a low-speed electric bicycle equipped with a motor that (1) may be used exclusively to propel the bicycle and (2) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. A "motorized bicycle" with an electric motor is to be equipped with a motor that is not capable of exclusively propelling the bicycle and is to have a maximum motor-powered speed of no more than 28 miles per hour. |
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