Bill S.2809

FILED ON: 4/1/2022

SENATE . . . . . . . . . . . . . . No. 2809

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to electric bicycles.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 1 of Chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Department” the following definition:-

“Electric bicycle” shall mean a bicycle or tricycle equipped with fully operable pedals and an electric motor of 750 watts or less that meets the requirements of one of the following three classes:

(a) “Class 1 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

(b) “Class 2 electric bicycle” shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

(c) “Class 3 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

SECTION 2. Said section 1 of said Chapter 90 of the General Laws, as so appearing, is hereby further amended by inserting, in line 270, after the word “hour” the following sentence:- "The definition of “motorized bicycle” shall not include an electric bicycle."

SECTION 3. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting, in line 275, after the word “motorcycle” the following words:- “electric bicycle”.

SECTION 4. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting, in line 293, after the word “include ” the following words:- electric bicycles or.

SECTION 5. Section 1 of Chapter 90D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 25, after the word “include ” the following words:- electric bicycles or.

SECTION 6. Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 11B1/2 the following section:-

Section 11B3/4. For the purposes of this section, the terms “electric bicycle,” “class 1 electric bicycle,” “class 2 electric bicycle,” and “class 3 electric bicycle” shall have the same definitions as in section 1 of chapter 90. The terms “bike path,” “bike lane,” and “bike route” shall have the same definitions as in section 1 of chapter 90E.

Electric bicycles and operators of electric bicycles shall be subject to the following regulations:

(1) Except as otherwise provided in this section, a class 1 or class 2 electric bicycle or an operator of an electric bicycle shall be afforded all of the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle under any general or special law, regulation or local ordinance. Class 1 and class 2 electric bicycles may be ridden on a street, road, way, bike lane, bike path or bike route that is open for use by bicycles, provided however:

(i) A municipality, local authority or state agency having jurisdiction over a bike path or shared-use path after public notice and hearing may adopt ordinances or regulations prohibiting or otherwise regulating the operation of class 1, class 2, or class 3 electric bicycles on such paths, including but not limited to the imposition of speed limits.

(ii) A municipality, local authority or state agency having jurisdiction over a bike path or shared-use path may authorize the operation of class 3 electric bicycles on that path.

(iii) This subsection shall not apply to a trail designated for nonmotorized traffic if such trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added. A municipality, local authority or state agency may regulate the use of electric bicycles on such a trail within its jurisdiction.

(iv) An electric bicycle shall not be operated on sidewalks.

(2) Electric bicycles shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission established in 16 C.F.R. 1512.

(3) On and after January 1, 2023, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle containing the classification number, top assisted speed, and motor wattage of the electric bicycle.

(4) A person shall not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless they appropriately replace the label required by subsection (3).

(5) Class 3 electric bicycles shall be subject to the following additional regulations:

(i) No person under the age of sixteen (16) may operate a class 3 electric bicycle. A person under the age of sixteen (16) may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.

(ii) All operators and passengers of class 3 electric bicycles shall wear a properly fitted and fastened bicycle helmet that meets the standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials, or standards subsequently established by those entities. A violation of this clause shall not be used as evidence of contributory negligence in a civil action.

(iii) All class 3 electric bicycles must be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour.

The Secretary of the Massachusetts Department of Transportation may promulgate additional regulations regarding electric bicycles in the Commonwealth, including but not limited to their safe operation and proper labeling. The Secretary shall submit any such proposed regulations to the Clerks of the House of Representatives and Senate and to the Joint Committee on Transportation at least 30 days prior to their effective date.