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5 | 5 | | 2023 -- S 0326 |
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6 | 6 | | ======== |
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7 | 7 | | LC001763 |
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8 | 8 | | ======== |
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9 | 9 | | S TATE OF RHODE IS LAND |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2023 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- REGULATION OF ELECTRIC |
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16 | 16 | | BICYCLES |
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17 | 17 | | Introduced By: Senators Euer, and Kallman |
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18 | 18 | | Date Introduced: February 16, 2023 |
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19 | 19 | | Referred To: Senate Judiciary |
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20 | 20 | | |
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21 | 21 | | |
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22 | 22 | | It is enacted by the General Assembly as follows: |
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23 | 23 | | SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES" 1 |
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24 | 24 | | is hereby amended by adding thereto the following chapter: 2 |
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25 | 25 | | CHAPTER 19.6 3 |
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26 | 26 | | REGULATION OF ELECTRIC BICYCLES 4 |
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27 | 27 | | 31-19.6-1. Regulation. 5 |
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28 | 28 | | Electric bicycles shall to be regulated like bicycles. The same rules of the road shall apply 6 |
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29 | 29 | | to both electric bicycles and human-powered bicycles pursuant to the provisions of chapter 19 of 7 |
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30 | 30 | | this title. 8 |
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31 | 31 | | 31-19.6-2. Exemptions from regulation. 9 |
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32 | 32 | | An electric bicycle or a person operating an electric bicycle shall not be subject to the 10 |
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33 | 33 | | provisions of this title applicable to motor vehicles, including, but not limited to, registration, 11 |
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34 | 34 | | certificates of title, operators' licenses, financial responsibility, recreational vehicles, motor vehicle 12 |
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35 | 35 | | dealers, or commercial motor vehicles. 13 |
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36 | 36 | | 31-19.6-3. Classes. 14 |
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37 | 37 | | There shall be three (3) classes of electric bicycles: 15 |
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38 | 38 | | (1) Class 1: Bicycle equipped with an electric motor that provides assistance only when the 16 |
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39 | 39 | | rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty 17 |
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40 | 40 | | miles per hour (20 mph). 18 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001763 - Page 2 of 9 |
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44 | 44 | | (2) Class 2: Bicycle equipped with a throttle-actuated electric motor that ceases to provide 1 |
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45 | 45 | | assistance when the electric bicycle reaches twenty miles per hour (20 mph). 2 |
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46 | 46 | | (3) Class 3: Bicycle equipped with an electric motor that provides assistance only when the 3 |
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47 | 47 | | rider is pedaling, and that ceases to provide assistance when the electric bicycle reaches twenty-4 |
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48 | 48 | | eight miles per hour (28 mph). 5 |
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49 | 49 | | 31-19.6-4. Helmets required - Age of operators. 6 |
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50 | 50 | | (a) Helmets, as defined in § 31-19-2.1, are required for riders fifteen (15) years of age or 7 |
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51 | 51 | | younger for all three (3) classes of electric bicycles and for all riders of Class 3 electric bicycles. 8 |
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52 | 52 | | (b) Persons under sixteen (16) years of age shall not ride a Class 3 electric bicycle, unless 9 |
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53 | 53 | | as a passenger. 10 |
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54 | 54 | | 31-19.6-5. Speedometer. 11 |
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55 | 55 | | All Class 3 electric bicycles shall be equipped with a speedometer that is capable of 12 |
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56 | 56 | | displaying the speed the electric bicycle is traveling in miles per hour. 13 |
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57 | 57 | | 31-19.6-6. Municipal regulations. 14 |
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58 | 58 | | (a) Local governments shall not restrict the use of electric bicycles except to regulate the 15 |
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59 | 59 | | speed they may travel or in order to comply with other laws or legal obligations. 16 |
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60 | 60 | | (b) A person shall not operate a Class 3 electric bicycle on a bicycle lane or multi-use path 17 |
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61 | 61 | | in excess of the posted or applicable speed limit, or if there is no posted or applicable speed limit, 18 |
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62 | 62 | | twenty miles per hour (20 mph). 19 |
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63 | 63 | | 31-19.6-7. Labels on electronic bicycles. 20 |
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64 | 64 | | On or after January 1, 2024, manufacturers and distributors of electric bicycles shall apply 21 |
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65 | 65 | | a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall 22 |
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66 | 66 | | contain the classification number, top assisted speed, and motor wattage of the electric bicycle and 23 |
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67 | 67 | | shall be printed in Arial font in at least nine (9) point type. 24 |
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68 | 68 | | 31-19.6-8. Consumer protection. 25 |
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69 | 69 | | An electric bicycle shall comply with the equipment and manufacturing requirements for 26 |
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70 | 70 | | bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. Part 1512). 27 |
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71 | 71 | | SECTION 2. Sections 31-1-3 and 31-1-23 of the General Laws in Chapter 31-1 entitled 28 |
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72 | 72 | | "Definitions and General Code Provisions" are hereby amended to read as follows: 29 |
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73 | 73 | | 31-1-3. Types of vehicles. 30 |
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74 | 74 | | (a)(1) "Antique motor car" means any motor vehicle that is more than twenty-five (25) 31 |
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75 | 75 | | years old. Unless fully inspected and meeting inspection requirements, the vehicle may be 32 |
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76 | 76 | | maintained solely for use in exhibitions, club activities, parades, and other functions of public 33 |
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77 | 77 | | interest. The vehicle may also be used for limited enjoyment and purposes other than the previously 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001763 - Page 3 of 9 |
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81 | 81 | | mentioned activities, but may not be used primarily for the transportation of passengers or goods 1 |
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82 | 82 | | over any public highway. 2 |
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83 | 83 | | (2) After the vehicle has met the requirements of state inspection, a registration plate may 3 |
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84 | 84 | | be issued to it on payment of the standard fee. The vehicle may be operated on the highways of this 4 |
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85 | 85 | | and other states, and may, in addition to the registration plate, retain the designation "antique" and 5 |
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86 | 86 | | display an "antique plate." 6 |
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87 | 87 | | (3) For any vehicle that is more than twenty-five (25) years old, the division of motor 7 |
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88 | 88 | | vehicles may also issue or approve, subject to rules and regulations that may be promulgated by 8 |
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89 | 89 | | the administrator, a "year of manufacture plate" for the vehicle that is an exact replica plate 9 |
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90 | 90 | | designating the exact year of manufacture of the vehicle. The year of manufacture plate, as 10 |
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91 | 91 | | authorized by this subsection, need only be attached to the rear of the vehicle. 11 |
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92 | 92 | | (b)(1) "Antique motorcycle" means any motorcycle that is more than twenty-five (25) years 12 |
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93 | 93 | | old. Unless fully inspected and meeting inspection requirements, the vehicle shall be maintained 13 |
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94 | 94 | | solely for use in exhibitions, club activities, parades, and other functions of public interest. The 14 |
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95 | 95 | | vehicle may also be used for limited enjoyment and purposes other than the previously mentioned 15 |
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96 | 96 | | activities, but may not be used primarily for the transportation of passengers or goods over any 16 |
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97 | 97 | | public highway; and 17 |
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98 | 98 | | (2) After the vehicle has met the requirements of state inspection, a registration plate may 18 |
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99 | 99 | | be issued to it, on payment of the standard fee, and the vehicle may be operated on the highways 19 |
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100 | 100 | | of this and other states, and may, in addition to the registration plate, retain the designation 20 |
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101 | 101 | | "antique" and display an "antique plate." 21 |
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102 | 102 | | (c) "Authorized emergency vehicle" means vehicles of the fire department (fire patrol); 22 |
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103 | 103 | | police vehicles; vehicles of the department of corrections while in the performance of official 23 |
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104 | 104 | | duties; vehicles used by the state bomb squad within the office of state fire marshal; vehicles of 24 |
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105 | 105 | | municipal departments or public service corporations designated or authorized by the administrator 25 |
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106 | 106 | | as ambulances and emergency vehicles; and privately owned motor vehicles of volunteer 26 |
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107 | 107 | | firefighters or privately owned motor vehicles of volunteer ambulance drivers or attendants, as 27 |
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108 | 108 | | authorized by the department chief or commander and permitted by the Rhode Island Association 28 |
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109 | 109 | | of Fire Chiefs and Rhode Island Association of Police Chiefs Joint Committee for Volunteer 29 |
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110 | 110 | | Warning Light Permits. 30 |
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111 | 111 | | (d) "Automobile" means, for registration purposes, every motor vehicle carrying 31 |
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112 | 112 | | passengers other than for hire. 32 |
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113 | 113 | | (e) "Bicycle" means every vehicle having two (2) tandem wheels, except scooters and 33 |
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114 | 114 | | similar devices, propelled exclusively by human power, and upon which a person may ride. 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC001763 - Page 4 of 9 |
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118 | 118 | | (f) "Camping recreational vehicle" means a vehicular type camping unit, certified by the 1 |
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119 | 119 | | manufacturer as complying with ANSI A119.2 Standards, designed primarily as temporary living 2 |
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120 | 120 | | quarters for recreation that has either its own motor power or is mounted on, or towed by, another 3 |
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121 | 121 | | vehicle. The basic units are tent trailers, fifth-wheel trailers, motorized campers, travel trailers, and 4 |
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122 | 122 | | pick-up campers. 5 |
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123 | 123 | | (g) "Electric motorized bicycle" means a motorized bicycle, also called an "electric 6 |
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124 | 124 | | bicycle", as defined in § 31-19.6-3, that may be propelled by human power or electric motor power, 7 |
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125 | 125 | | or by both, with an electric motor rated not more than two (2) (S.A.E.) horsepower, that is capable 8 |
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126 | 126 | | of a maximum speed of not more than twenty-five (25) twenty-eight (28) miles per hour. 9 |
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127 | 127 | | (h) "Electric personal assistive mobility device" ("EPAMD") is a self-balancing, non-10 |
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128 | 128 | | tandem two-wheeled (2) device, designed to transport only one person, with an electric propulsion 11 |
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129 | 129 | | system that limits the maximum speed of the device to fifteen (15) miles per hour. 12 |
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130 | 130 | | (i) "Fifth-wheel trailer": A towable recreational vehicle, not exceeding four hundred (400) 13 |
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131 | 131 | | square feet in area, designed to be towed by a motorized vehicle that contains a towing mechanism 14 |
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132 | 132 | | that is mounted above or forward of the tow vehicle's rear axle and that is eligible to be registered 15 |
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133 | 133 | | for highway use. 16 |
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134 | 134 | | (j) "Hearse" means every motor vehicle used for transporting human corpses. A hearse 17 |
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135 | 135 | | shall be considered an automobile for registration purposes. 18 |
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136 | 136 | | (k) "Jitney or bus" means: (1) A "public bus" that includes every motor vehicle, trailer, 19 |
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137 | 137 | | semi-trailer, tractor trailer, or tractor trailer combination, used for the transportation of passengers 20 |
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138 | 138 | | for hire, and operated wholly or in part upon any street or highway as a means of transportation 21 |
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139 | 139 | | similar to that afforded by a street railway company, by indiscriminately receiving or discharging 22 |
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140 | 140 | | passengers, or running on a regular route or over any portion of one, or between fixed termini; or 23 |
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141 | 141 | | (2) A "private bus" that includes every motor vehicle other than a public bus or passenger van 24 |
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142 | 142 | | designed for carrying more than ten (10) passengers and used for the transportation of persons, and 25 |
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143 | 143 | | every motor vehicle other than a taxicab designed and used for the transportation of persons for 26 |
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144 | 144 | | compensation. 27 |
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145 | 145 | | (l) "Motorcycle" means only those motor vehicles having not more than three (3) wheels 28 |
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146 | 146 | | in contact with the ground and a saddle on which the driver sits astride, except bicycles with helper 29 |
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147 | 147 | | motors as defined in subsection (n) of this section. 30 |
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148 | 148 | | (m) "Motor-driven cycle" means every motorcycle, including every motor scooter, with a 31 |
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149 | 149 | | motor of no greater than five (5) horsepower, except bicycles with helper motors as defined in 32 |
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150 | 150 | | subsection (n) of this section. 33 |
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151 | 151 | | (n) "Motorized bicycles" means two-wheel (2) vehicles that may be propelled by human 34 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LC001763 - Page 5 of 9 |
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155 | 155 | | power or helper power, or by both, with a motor rated not more than four and nine-tenths (4.9) 1 |
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156 | 156 | | horsepower and not greater than fifty (50) cubic centimeters, that are capable of a maximum speed 2 |
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157 | 157 | | of not more than thirty (30) miles per hour. 3 |
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158 | 158 | | (o) "Motorized camper": A camping recreational vehicle, built on, or permanently attached 4 |
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159 | 159 | | to, a self-propelled motor vehicle chassis cab or van that is an integral part of the completed vehicle. 5 |
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160 | 160 | | (p) "Motorized tricycles" means tricycles that may be propelled by human power or helper 6 |
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161 | 161 | | motor, or by both, with a motor rated no more than 1.5 brake horsepower that is capable of a 7 |
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162 | 162 | | maximum speed of not more than thirty (30) miles per hour. 8 |
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163 | 163 | | (q) "Motorized wheelchair" means any self-propelled vehicle, designed for, and used by, a 9 |
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164 | 164 | | person with a disability that is incapable of speed in excess of eight (8) miles per hour. 10 |
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165 | 165 | | (r) "Motor scooter" means a motor-driven cycle with a motor rated not more than four and 11 |
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166 | 166 | | nine-tenths (4.9) horsepower and not greater than fifty (50) cubic centimeters that is capable of a 12 |
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167 | 167 | | maximum speed of not more than thirty (30) miles per hour. 13 |
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168 | 168 | | (s) "Motor vehicle" means every vehicle that is self-propelled or propelled by electric 14 |
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169 | 169 | | power obtained from overhead trolley wires, but not operated upon rails, except vehicles moved 15 |
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170 | 170 | | exclusively by human power, an EPAMD and electric motorized bicycles as defined in subsection 16 |
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171 | 171 | | (g) of this section, and motorized wheelchairs. 17 |
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172 | 172 | | (t) "Motor vehicle for hire" means every motor vehicle other than jitneys, public buses, 18 |
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173 | 173 | | hearses, and motor vehicles used chiefly in connection with the conduct of funerals, to transport 19 |
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174 | 174 | | persons for compensation in any form, or motor vehicles rented for transporting persons either with 20 |
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175 | 175 | | or without furnishing an operator. 21 |
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176 | 176 | | (u) "Natural gas vehicle" means a vehicle operated by an engine fueled primarily by natural 22 |
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177 | 177 | | gas. 23 |
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178 | 178 | | (v) "Park trailer": A camping recreational vehicle that is eligible to be registered for 24 |
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179 | 179 | | highway use and meets the following criteria: (1) Built on a single chassis mounted on wheels; and 25 |
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180 | 180 | | (2) Certified by the manufacturer as complying with ANSI A119.5. 26 |
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181 | 181 | | (w) "Passenger van" means every motor vehicle capable of carrying ten (10) to fourteen 27 |
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182 | 182 | | (14) passengers plus an operator and used for personal use or on a not-for-hire basis. Passenger 28 |
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183 | 183 | | vans may be used for vanpools, transporting passengers to and from work locations, provided that 29 |
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184 | 184 | | the operator receives no remuneration other than free use of the vehicle. 30 |
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185 | 185 | | (x) "Pedal carriage" (also known as "quadricycles") means a nonmotorized bicycle with 31 |
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186 | 186 | | four (4) or more wheels operated by one or more persons for the purpose of, or capable of, 32 |
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187 | 187 | | transporting additional passengers in seats or on a platform made a part of or otherwise attached to 33 |
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188 | 188 | | the pedal carriage. The term shall not include a bicycle with trainer or beginner wheels affixed to 34 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LC001763 - Page 6 of 9 |
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192 | 192 | | it, nor shall it include a wheelchair or other vehicle with the purpose of operation by or for the 1 |
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193 | 193 | | transportation of a person with a disability, nor shall it include a tricycle built for a child or an adult 2 |
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194 | 194 | | with a seat for only one operator and no passenger. 3 |
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195 | 195 | | (y) "Pick-up camper": A camping recreational vehicle consisting of a roof, floor, and sides 4 |
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196 | 196 | | designed to be loaded onto and unloaded from the back of a pick-up truck. 5 |
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197 | 197 | | (z) "Rickshaw" (also known as "pedi cab") means a nonmotorized bicycle with three (3) 6 |
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198 | 198 | | wheels operated by one person for the purpose of, or capable of, transporting additional passengers 7 |
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199 | 199 | | in seats or on a platform made a part of, or otherwise attached to, the rickshaw. This definition shall 8 |
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200 | 200 | | not include a bicycle built for two (2) where the operators are seated one behind the other, nor shall 9 |
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201 | 201 | | it include the operation of a bicycle with trainer or beginner wheels affixed thereto, nor shall it 10 |
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202 | 202 | | include a wheelchair or other vehicle with the purpose of operation by or for the transportation of 11 |
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203 | 203 | | a person with a disability. 12 |
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204 | 204 | | (aa) "School bus" means every motor vehicle owned by a public or governmental agency, 13 |
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205 | 205 | | when operated for the transportation of children to or from school; or privately owned, when 14 |
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206 | 206 | | operated for compensation for the transportation of children to or from school. 15 |
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207 | 207 | | (bb) "Suburban vehicle" means every motor vehicle with a convertible or interchangeable 16 |
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208 | 208 | | body or with removable seats, usable for both passenger and delivery purposes, and including motor 17 |
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209 | 209 | | vehicles commonly known as station or depot wagons or any vehicle into which access can be 18 |
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210 | 210 | | gained through the rear by means of a hatch or trunk and where the rear seats can be folded down 19 |
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211 | 211 | | to permit the carrying of articles as well as passengers. 20 |
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212 | 212 | | (cc) "Tent trailer": A towable recreational vehicle that is mounted on wheels and 21 |
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213 | 213 | | constructed with collapsible partial side walls that fold for towing by another vehicle and unfold 22 |
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214 | 214 | | for use and that is eligible to be registered for highway use. 23 |
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215 | 215 | | (dd) "Trackless trolley coach" means every motor vehicle that is propelled by electric 24 |
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216 | 216 | | power obtained from overhead trolley wires, but not operated on rails. 25 |
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217 | 217 | | (ee) "Travel trailer": A towable recreational vehicle, not exceeding three hundred twenty 26 |
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218 | 218 | | square feet (320 sq. ft.) in area, designed to be towed by a motorized vehicle containing a towing 27 |
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219 | 219 | | mechanism that is mounted behind the tow vehicle's bumper and that is eligible to be registered for 28 |
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220 | 220 | | highway use. 29 |
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221 | 221 | | (ff) "Vehicle" means every device in, upon, or by which any person or property is or may 30 |
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222 | 222 | | be transported or drawn upon a highway, except devices used exclusively upon stationary rails or 31 |
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223 | 223 | | tracks. 32 |
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224 | 224 | | 31-1-23. Types of roads. 33 |
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225 | 225 | | (a) “Bicycle lane” means a portion of highway right-of-way designated by the state and 34 |
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226 | 226 | | |
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227 | 227 | | |
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228 | 228 | | LC001763 - Page 7 of 9 |
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229 | 229 | | identified by official traffic control devices (pavement markings) for the exclusive use of bicyclists. 1 |
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230 | 230 | | The operation and parking of motor vehicles is prohibited within the lane identified for exclusive 2 |
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231 | 231 | | use by bicyclists, except when making a turn, entering or leaving the roadway or a parking lane, or 3 |
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232 | 232 | | when required in the course of official duty. 4 |
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233 | 233 | | (b) “Bicycle route” means a shared right-of-way along a highway, designated by the state 5 |
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234 | 234 | | and identified by official traffic control devices (signs) for use by bicyclists. 6 |
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235 | 235 | | (c) “Bicycle trail or path” means a bikeway physically separated from motorized vehicular 7 |
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236 | 236 | | traffic by an open space or barrier and either within the highway right-of-way or within an 8 |
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237 | 237 | | independent right-of-way. Bicycle trails or paths may also be used by bicycles, including electric 9 |
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238 | 238 | | bicycles, pedestrians, skaters, wheelchair users, joggers and other nonmotorized users. 10 |
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239 | 239 | | (d) “Laned roadway” means a roadway which is divided into two (2) or more clearly 11 |
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240 | 240 | | marked lanes for vehicular traffic. 12 |
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241 | 241 | | (e) “Limited access highway” means every highway, street, or roadway to or from which 13 |
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242 | 242 | | owners or occupants of abutting lands and other persons have no legal right of access except at 14 |
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243 | 243 | | those points and in that manner determined by the public authority having jurisdiction over it. 15 |
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244 | 244 | | (f) “Local highway” means every street or highway other than a state highway, private 16 |
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245 | 245 | | road, or driveway. 17 |
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246 | 246 | | (g) “Private road or driveway” means every way or place in private ownership that is used 18 |
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247 | 247 | | for vehicular travel only by the owner and by those others having express or implied permission 19 |
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248 | 248 | | from the owner. 20 |
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249 | 249 | | (h) “Roadway” means that portion of a highway improved, designed, or ordinarily used for 21 |
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250 | 250 | | vehicular travel, excluding the sidewalk, berm, or shoulder even when used by persons riding 22 |
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251 | 251 | | bicycles. In the event a highway includes two (2) or more separate roadways, “roadway” refers to 23 |
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252 | 252 | | the roadway separately and not the roadways collectively. 24 |
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253 | 253 | | (i) “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of 25 |
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254 | 254 | | a roadway, and the adjacent property lines intended for the use of pedestrians. 26 |
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255 | 255 | | (j) “State highway” means every street or highway constructed and/or maintained by the 27 |
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256 | 256 | | director of public works and the division of roads and bridges. 28 |
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257 | 257 | | (k) “Street or highway” means the entire width between boundary lines of every way when 29 |
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258 | 258 | | any part of it is open to the use of the public for purposes of vehicular traffic. 30 |
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259 | 259 | | (l) “Through highway” means every highway or portion of a highway having entrances 31 |
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260 | 260 | | from intersecting highways at which vehicular traffic is required by law to stop before entering or 32 |
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261 | 261 | | crossing, and where stop signs are erected under the provisions of chapters 1 — 27 of this title. 33 |
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262 | 262 | | |
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263 | 263 | | |
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264 | 264 | | LC001763 - Page 8 of 9 |
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265 | 265 | | SECTION 3. This act shall take effect on January 1, 2024. 1 |
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267 | 267 | | LC001763 |
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270 | 270 | | |
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271 | 271 | | LC001763 - Page 9 of 9 |
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272 | 272 | | EXPLANATION |
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273 | 273 | | BY THE LEGISLATIVE COUNCIL |
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274 | 274 | | OF |
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275 | 275 | | A N A C T |
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276 | 276 | | RELATING TO MOTOR AN D OTHER VEHICLES -- REGULATION OF ELECTRIC |
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277 | 277 | | BICYCLES |
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278 | 278 | | *** |
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279 | 279 | | This act would regulate electric bicycles in the same manner as human-powered bicycles, 1 |
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280 | 280 | | classify electric bicycles into three (3) classes and require all electric bicycles to have a technical 2 |
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281 | 281 | | information label affixed to the bicycle. The act also would require that electric bicycles be 3 |
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282 | 282 | | equipped with a speedometer and would restrict electric bicycles to be capable of a maximum speed 4 |
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283 | 283 | | of twenty-eight (28) miles per hour. It would also allow the use of electric bicycles on bicycle trails 5 |
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284 | 284 | | and paths. 6 |
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285 | 285 | | This act would take effect on January 1, 2024. 7 |
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287 | 287 | | LC001763 |
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