Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0326 Compare Versions

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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO MOTOR AN D OTHER VEHICLES -- REGULATION OF ELECTRIC
1616 BICYCLES
1717 Introduced By: Senators Euer, and Kallman
1818 Date Introduced: February 16, 2023
1919 Referred To: Senate Judiciary
2020
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES" 1
2424 is hereby amended by adding thereto the following chapter: 2
2525 CHAPTER 19.6 3
2626 REGULATION OF ELECTRIC BICYCLES 4
2727 31-19.6-1. Regulation. 5
2828 Electric bicycles shall to be regulated like bicycles. The same rules of the road shall apply 6
2929 to both electric bicycles and human-powered bicycles pursuant to the provisions of chapter 19 of 7
3030 this title. 8
3131 31-19.6-2. Exemptions from regulation. 9
3232 An electric bicycle or a person operating an electric bicycle shall not be subject to the 10
3333 provisions of this title applicable to motor vehicles, including, but not limited to, registration, 11
3434 certificates of title, operators' licenses, financial responsibility, recreational vehicles, motor vehicle 12
3535 dealers, or commercial motor vehicles. 13
3636 31-19.6-3. Classes. 14
3737 There shall be three (3) classes of electric bicycles: 15
3838 (1) Class 1: Bicycle equipped with an electric motor that provides assistance only when the 16
3939 rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty 17
4040 miles per hour (20 mph). 18
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4444 (2) Class 2: Bicycle equipped with a throttle-actuated electric motor that ceases to provide 1
4545 assistance when the electric bicycle reaches twenty miles per hour (20 mph). 2
4646 (3) Class 3: Bicycle equipped with an electric motor that provides assistance only when the 3
4747 rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty-4
4848 eight miles per hour (28 mph). 5
4949 31-19.6-4. Helmets required - Age of operators. 6
5050 (a) Helmets, as defined in § 31-19-2.1, are required for riders fifteen (15) years of age or 7
5151 younger for all three (3) classes of electric bicycles and for all riders of Class 3 electric bicycles. 8
5252 (b) Persons under sixteen (16) years of age shall not ride a Class 3 electric bicycle, unless 9
5353 as a passenger. 10
5454 31-19.6-5. Speedometer. 11
5555 All Class 3 electric bicycles shall be equipped with a speedometer that is capable of 12
5656 displaying the speed the electric bicycle is traveling in miles per hour. 13
5757 31-19.6-6. Municipal regulations. 14
5858 (a) Local governments shall not restrict the use of electric bicycles except to regulate the 15
5959 speed they may travel or in order to comply with other laws or legal obligations. 16
6060 (b) A person shall not operate a Class 3 electric bicycle on a bicycle lane or multi-use path 17
6161 in excess of the posted or applicable speed limit, or if there is no posted or applicable speed limit, 18
6262 twenty miles per hour (20 mph). 19
6363 31-19.6-7. Labels on electronic bicycles. 20
6464 On or after January 1, 2024, manufacturers and distributors of electric bicycles shall apply 21
6565 a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall 22
6666 contain the classification number, top assisted speed, and motor wattage of the electric bicycle and 23
6767 shall be printed in Arial font in at least nine (9) point type. 24
6868 31-19.6-8. Consumer protection. 25
6969 An electric bicycle shall comply with the equipment and manufacturing requirements for 26
7070 bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Part 1512). 27
7171 SECTION 2. Sections 31-1-3 and 31-1-23 of the General Laws in Chapter 31-1 entitled 28
7272 "Definitions and General Code Provisions" are hereby amended to read as follows: 29
7373 31-1-3. Types of vehicles. 30
7474 (a)(1) "Antique motor car" means any motor vehicle that is more than twenty-five (25) 31
7575 years old. Unless fully inspected and meeting inspection requirements, the vehicle may be 32
7676 maintained solely for use in exhibitions, club activities, parades, and other functions of public 33
7777 interest. The vehicle may also be used for limited enjoyment and purposes other than the previously 34
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8181 mentioned activities, but may not be used primarily for the transportation of passengers or goods 1
8282 over any public highway. 2
8383 (2) After the vehicle has met the requirements of state inspection, a registration plate may 3
8484 be issued to it on payment of the standard fee. The vehicle may be operated on the highways of this 4
8585 and other states, and may, in addition to the registration plate, retain the designation "antique" and 5
8686 display an "antique plate." 6
8787 (3) For any vehicle that is more than twenty-five (25) years old, the division of motor 7
8888 vehicles may also issue or approve, subject to rules and regulations that may be promulgated by 8
8989 the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate 9
9090 designating the exact year of manufacture of the vehicle. The year of manufacture plate, as 10
9191 authorized by this subsection, need only be attached to the rear of the vehicle. 11
9292 (b)(1) "Antique motorcycle" means any motorcycle that is more than twenty-five (25) years 12
9393 old. Unless fully inspected and meeting inspection requirements, the vehicle shall be maintained 13
9494 solely for use in exhibitions, club activities, parades, and other functions of public interest. The 14
9595 vehicle may also be used for limited enjoyment and purposes other than the previously mentioned 15
9696 activities, but may not be used primarily for the transportation of passengers or goods over any 16
9797 public highway; and 17
9898 (2) After the vehicle has met the requirements of state inspection, a registration plate may 18
9999 be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways 19
100100 of this and other states, and may, in addition to the registration plate, retain the designation 20
101101 "antique" and display an "antique plate." 21
102102 (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol); 22
103103 police vehicles; vehicles of the department of corrections while in the performance of official 23
104104 duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of 24
105105 municipal departments or public service corporations designated or authorized by the administrator 25
106106 as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer 26
107107 firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as 27
108108 authorized by the department chief or commander and permitted by the Rhode Island Association 28
109109 of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer 29
110110 Warning Light Permits. 30
111111 (d) "Automobile" means, for registration purposes, every motor vehicle carrying 31
112112 passengers other than for hire. 32
113113 (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and 33
114114 similar devices, propelled exclusively by human power, and upon which a person may ride. 34
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118118 (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the 1
119119 manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living 2
120120 quarters for recreation that has either its own motor power or is mounted on, or towed by, another 3
121121 vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers, and 4
122122 pick-up campers. 5
123123 (g) "Electric motorized bicycle" means a motorized bicycle, also called an "electric 6
124124 bicycle", as defined in § 31-19.6-3, that may be propelled by human power or electric motor power, 7
125125 or by both, with an electric motor rated not more than two (2) (S.A.E.) horsepower, that is capable 8
126126 of a maximum speed of not more than twenty-five (25) twenty-eight (28) miles per hour. 9
127127 (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non-10
128128 tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion 11
129129 system that limits the maximum speed of the device to fifteen (15) miles per hour. 12
130130 (i) "Fifth-wheel trailer": A towable recreational vehicle, not exceeding four hundred (400) 13
131131 square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism 14
132132 that is mounted above or forward of the tow vehicle's rear axle and that is eligible to be registered 15
133133 for highway use. 16
134134 (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse 17
135135 shall be considered an automobile for registration purposes. 18
136136 (k) "Jitney or bus" means: (1) A "public bus" that includes every motor vehicle, trailer, 19
137137 semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers 20
138138 for hire, and operated wholly or in part upon any street or highway as a means of transportation 21
139139 similar to that afforded by a street railway company, by indiscriminately receiving or discharging 22
140140 passengers, or running on a regular route or over any portion of one, or between fixed termini; or 23
141141 (2) A "private bus" that includes every motor vehicle other than a public bus or passenger van 24
142142 designed for carrying more than ten (10) passengers and used for the transportation of persons, and 25
143143 every motor vehicle other than a taxicab designed and used for the transportation of persons for 26
144144 compensation. 27
145145 (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels 28
146146 in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper 29
147147 motors as defined in subsection (n) of this section. 30
148148 (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a 31
149149 motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in 32
150150 subsection (n) of this section. 33
151151 (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human 34
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155155 power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9) 1
156156 horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed 2
157157 of not more than thirty (30) miles per hour. 3
158158 (o) "Motorized camper": A camping recreational vehicle, built on, or permanently attached 4
159159 to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed vehicle. 5
160160 (p) "Motorized tricycles" means tricycles that may be propelled by human power or helper 6
161161 motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of a 7
162162 maximum speed of not more than thirty (30) miles per hour. 8
163163 (q) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by, a 9
164164 person with a disability that is incapable of speed in excess of eight (8) miles per hour. 10
165165 (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four and 11
166166 nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable of a 12
167167 maximum speed of not more than thirty (30) miles per hour. 13
168168 (s) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric 14
169169 power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved 15
170170 exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection 16
171171 (g) of this section, and motorized wheelchairs. 17
172172 (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses, 18
173173 hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport 19
174174 persons for compensation in any form, or motor vehicles rented for transporting persons either with 20
175175 or without furnishing an operator. 21
176176 (u) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by natural 22
177177 gas. 23
178178 (v) "Park trailer": A camping recreational vehicle that is eligible to be registered for 24
179179 highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and 25
180180 (2) Certified by the manufacturer as complying with ANSI A119.5. 26
181181 (w) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen 27
182182 (14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger 28
183183 vans may be used for vanpools, transporting passengers to and from work locations, provided that 29
184184 the operator receives no remuneration other than free use of the vehicle. 30
185185 (x) "Pedal carriage" (also known as "quadricycles") means a nonmotorized bicycle with 31
186186 four (4) or more wheels operated by one or more persons for the purpose of, or capable of, 32
187187 transporting additional passengers in seats or on a platform made a part of or otherwise attached to 33
188188 the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to 34
189189
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192192 it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the 1
193193 transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult 2
194194 with a seat for only one operator and no passenger. 3
195195 (y) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and sides 4
196196 designed to be loaded onto and unloaded from the back of a pick-up truck. 5
197197 (z) "Rickshaw" (also known as "pedi cab") means a nonmotorized bicycle with three (3) 6
198198 wheels operated by one person for the purpose of, or capable of, transporting additional passengers 7
199199 in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This definition shall 8
200200 not include a bicycle built for two (2) where the operators are seated one behind the other, nor shall 9
201201 it include the operation of a bicycle with trainer or beginner wheels affixed thereto, nor shall it 10
202202 include a wheelchair or other vehicle with the purpose of operation by or for the transportation of 11
203203 a person with a disability. 12
204204 (aa) "School bus" means every motor vehicle owned by a public or governmental agency, 13
205205 when operated for the transportation of children to or from school; or privately owned, when 14
206206 operated for compensation for the transportation of children to or from school. 15
207207 (bb) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable 16
208208 body or with removable seats, usable for both passenger and delivery purposes, and including motor 17
209209 vehicles commonly known as station or depot wagons or any vehicle into which access can be 18
210210 gained through the rear by means of a hatch or trunk and where the rear seats can be folded down 19
211211 to permit the carrying of articles as well as passengers. 20
212212 (cc) "Tent trailer": A towable recreational vehicle that is mounted on wheels and 21
213213 constructed with collapsible partial side walls that fold for towing by another vehicle and unfold 22
214214 for use and that is eligible to be registered for highway use. 23
215215 (dd) "Trackless trolley coach" means every motor vehicle that is propelled by electric 24
216216 power obtained from overhead trolley wires, but not operated on rails. 25
217217 (ee) "Travel trailer": A towable recreational vehicle, not exceeding three hundred twenty 26
218218 square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a towing 27
219219 mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered for 28
220220 highway use. 29
221221 (ff) "Vehicle" means every device in, upon, or by which any person or property is or may 30
222222 be transported or drawn upon a highway, except devices used exclusively upon stationary rails or 31
223223 tracks. 32
224224 31-1-23. Types of roads. 33
225225 (a) “Bicycle lane” means a portion of highway right-of-way designated by the state and 34
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229229 identified by official traffic control devices (pavement markings) for the exclusive use of bicyclists. 1
230230 The operation and parking of motor vehicles is prohibited within the lane identified for exclusive 2
231231 use by bicyclists, except when making a turn, entering or leaving the roadway or a parking lane, or 3
232232 when required in the course of official duty. 4
233233 (b) “Bicycle route” means a shared right-of-way along a highway, designated by the state 5
234234 and identified by official traffic control devices (signs) for use by bicyclists. 6
235235 (c) “Bicycle trail or path” means a bikeway physically separated from motorized vehicular 7
236236 traffic by an open space or barrier and either within the highway right-of-way or within an 8
237237 independent right-of-way. Bicycle trails or paths may also be used by bicycles, including electric 9
238238 bicycles, pedestrians, skaters, wheelchair users, joggers and other nonmotorized users. 10
239239 (d) “Laned roadway” means a roadway which is divided into two (2) or more clearly 11
240240 marked lanes for vehicular traffic. 12
241241 (e) “Limited access highway” means every highway, street, or roadway to or from which 13
242242 owners or occupants of abutting lands and other persons have no legal right of access except at 14
243243 those points and in that manner determined by the public authority having jurisdiction over it. 15
244244 (f) “Local highway” means every street or highway other than a state highway, private 16
245245 road, or driveway. 17
246246 (g) “Private road or driveway” means every way or place in private ownership that is used 18
247247 for vehicular travel only by the owner and by those others having express or implied permission 19
248248 from the owner. 20
249249 (h) “Roadway” means that portion of a highway improved, designed, or ordinarily used for 21
250250 vehicular travel, excluding the sidewalk, berm, or shoulder even when used by persons riding 22
251251 bicycles. In the event a highway includes two (2) or more separate roadways, “roadway” refers to 23
252252 the roadway separately and not the roadways collectively. 24
253253 (i) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of 25
254254 a roadway, and the adjacent property lines intended for the use of pedestrians. 26
255255 (j) “State highway” means every street or highway constructed and/or maintained by the 27
256256 director of public works and the division of roads and bridges. 28
257257 (k) “Street or highway” means the entire width between boundary lines of every way when 29
258258 any part of it is open to the use of the public for purposes of vehicular traffic. 30
259259 (l) “Through highway” means every highway or portion of a highway having entrances 31
260260 from intersecting highways at which vehicular traffic is required by law to stop before entering or 32
261261 crossing, and where stop signs are erected under the provisions of chapters 1 — 27 of this title. 33
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265265 SECTION 3. This act shall take effect on January 1, 2024. 1
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272272 EXPLANATION
273273 BY THE LEGISLATIVE COUNCIL
274274 OF
275275 A N A C T
276276 RELATING TO MOTOR AN D OTHER VEHICLES -- REGULATION OF ELECTRIC
277277 BICYCLES
278278 ***
279279 This act would regulate electric bicycles in the same manner as human-powered bicycles, 1
280280 classify electric bicycles into three (3) classes and require all electric bicycles to have a technical 2
281281 information label affixed to the bicycle. The act also would require that electric bicycles be 3
282282 equipped with a speedometer and would restrict electric bicycles to be capable of a maximum speed 4
283283 of twenty-eight (28) miles per hour. It would also allow the use of electric bicycles on bicycle trails 5
284284 and paths. 6
285285 This act would take effect on January 1, 2024. 7
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