SENATE FLOOR VERSION - HB3852 SFLR Page 1 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB3852 SFLR Page 2 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SENATE FLOOR VERSION - HB3852 SFLR Page 3 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 , SENATE FLOOR VERSION - HB3852 SFLR Page 4 (Bold face denotes Committee Amendments) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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