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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1330 By: Strom
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Sections 1-104 and 1-133.3 as amended by
Section 1, Chapter 313, O.S.L. 2022 (47 O.S. Supp.
2022, Section 1-333.3), which relate to motori zed
bicycles and motorized scooters; modifying
definitions; removing certain wattage r estrictions;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. AMENDATORY 47 O.S. 2021, Secti on 1-104, is
amended to read as follows:
Section 1-104. A. A bicycle is a device upon which 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 pedals for human propulsion and equipped
with an electric motor with a power output of not more than seven
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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
provides assistance only when the rider is pedalin g,
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 equipped with a motor that
may be used exclusively to propel the bicyc le, 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 whe n 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 Safe ty
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:
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1. Fully operative pedals for pr opulsion 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
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, which 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 te rm "bicycle" shall include
tricycles, quadcycles, or similar h uman-powered devices, electric-
assisted bicycles, and motorized bicycles unless otherwise
specifically indicated.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 1 -133.3, as
amended by Section 1, Cha pter 313, O.S.L. 2022 (47 O.S. Supp. 2022,
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 with the ground;
2. Handlebars and a foot sup port or seat for the use of the
operator; and
3. A power source that is capable of propelling th e vehicle at
a maximum design speed of not more than thirty-five (35) miles per
hour on level ground, and:,
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a. if the power source is a combustion e ngine, has a
piston or rotor displacement of fifty cubic
centimeters (50 cc) or less regardless of the number
of chambers in the power source, or
b. if the power source is ele ctric, is programmed by the
manufacturer not to exceed thirty-five (35) miles per
hour on level ground.
Regardless of power s ource, local governments may set maximum speed
requirements by local ordinance.
B. For purposes of this sect ion, an electric personal assistive
mobility device, as d efined 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 consi dered a motorized
scooter.
C. A motorized scooter shall not be required to be registered
under the laws of this state.
1. The operator of a motorized scooter shall be at least
fourteen (14) years of age unless an older age is required by local
ordinance.
2. The operator of a motorized scooter shall not be required to
possess a driver license unless required by l ocal ordinance.
3. The operator of a motorized scooter sh all not be required to
comply with the vehicle insurance or financial responsibility laws
of this state unless required by local ordin ance, and shall observe
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all applicable traffic safety regulation s when driving on a public
roadway as required by statute and local ordinances.
D. Municipalities shall have authority to regulate the usage of
motorized scooters on all public roadways, trails, sidewalks, and
other public spaces, and to determine appropr iate locations for use.
SECTION 3. This act shall become ef fective November 1, 2023.
59-1-5793 JBH 12-12-22