Oklahoma 2022 Regular Session

Oklahoma House Bill HB3852 Latest Draft

Bill / Amended Version Filed 04/12/2022

                             
 
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SENATE FLOOR VERSION 
April 11, 2022 
AS AMENDED 
 
ENGROSSED HOUSE 
BILL NO. 3852 	By: Strom of the House 
 
  and 
 
  Paxton of the Senate 
 
 
 
 
[ motor vehicles - motorized bicycles and motorized 
scooters - certain wattage restrictions - effective 
date ] 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     47 O.S. 2021, Section 1 -104, is 
amended to read as follows: 
Section 1-104. A.  A bicycle is a device upon wh ich any person 
or persons may ride, propelled solely by human power through a belt, 
chain, or gears, and having two or more wheels, excluding mopeds. 
B.  An electric-assisted bicycle is any bicycle with: 
1.  Two or three wheels; and 
2.  Fully operative ped als for human propulsion and equi pped 
with an electric motor with a power output of not more than s even 
hundred fifty (750) watts that meets the requir ements of one of the 
following three classes: 
a. "Class 1 electric-assisted bicycle" shall mean an 
electric-assisted bicycle equipped with a motor that   
 
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provides assistance only when the rider is pedaling, 
and that ceases to provide assistance when the bicy cle 
reaches the speed of twenty ( 20) miles per hour, 
b. "Class 2 electric-assisted bicycle" shall mean an 
electric-assisted bicycle equipp ed with a motor that 
may be used exclusively to propel the bicycle , and 
that is not capable of providing assistance wh en the 
bicycle reaches the speed of twenty (20) miles per 
hour, and 
c. "Class 3 electric-assisted bicycle" shall mean an 
electric-assisted bicycle equipped with a motor that 
provides assistance only when the rider is pedaling, 
and that ceases to provide as sistance when the bicycle 
reaches the speed of twenty-eight (28) miles per hour. 
An electric-assisted bicycle shall meet the manufacturing and 
equipment requirements adopted by the Consumer Product Safety 
Commission for bicycles and shall operate in such a manner that the 
electric motor disengages or ceases to function when the rider stops 
pedaling or the brakes are applied. 
C.  A motorized bicycle is any bicycle having: 
1.  Fully operative pedals for prop ulsion by human power; 
2.  A power drive system that functions directly or 
automatically without clutching or shifting by the operator after 
the drive system is engaged; and   
 
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3.  A combustion engine with a piston or rotor displacement of 
eighty (80 cu cm) cubic centimeters (80 cc) or less, regardless of 
the number of chambers in the engine, wh ich is capable of propelling 
the bicycle at a maximum design speed of not more than thirty-five 
(35) miles per hour on level ground. 
D.  As used in this title, the term "bicycle" shall include 
tricycles, quadcycles, or similar h uman-powered devices, electr ic-
assisted bicycles, and motorized bicycles unless otherwise 
specifically indicated. 
SECTION 2.     AMENDATORY     47 O.S. 2021, Section 1 -133.3, is 
amended to read as follows: 
Section 1-133.3 Motorized scooter. 
A. A "motorized scooter" is any vehicle having: 
1.  Not more than three wheels in contact wi th the ground; 
2.  Handlebars and a foot support or seat for the use of the 
operator; 
3.  A power source that is capable of propelling the vehicle at 
a maximum design speed of not more t han twenty-five (25) miles per 
hour on level ground, and:, 
a. if the power source is a combustion engin e, has a 
piston or rotor displacement of thirty -five cubic 
centimeters (35 cu cm) (35 cc) or less regardless of 
the number of chambers in the power source ,   
 
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b. if the power source is electric, has a power output of 
not more than one thousand (1,000) watts. 
B.  For purposes of this section, an electric personal assistive 
mobility device, as defined in Section 1-114A of this title, 
bicycle, electric-assisted bicycle, or motorized bicycle, as defined 
in Section 1-104 of this title, shall not be considered a motorized 
scooter. 
C.  A motorized scooter shall not be required to b e registered 
under the laws of this state.  The operator of a motorized scooter 
shall not be required to possess a driver license or to comply with 
the vehicle insurance or financial responsibility laws of this 
state. 
SECTION 3.  This act shall become effective November 1, 2022. 
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY 
April 11, 2022 - DO PASS AS AMENDED