SENATE DOCKET, NO. 1587        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2230

The Commonwealth of Massachusetts

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PRESENTED BY:

Sal N. DiDomenico

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to class 3 electric bicycles.

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PETITION OF:

SENATE DOCKET, NO. 1587        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2230

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to class 3 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 of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Class 2 electric bicycle” the following definition:-

"Class 3 – 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 1 of chapter 90, as so appearing, is hereby further amended by inserting within the definition of “Department” the following definition:-

“'Electric bicycle”, a bicycle or tricycle equipped with fully operable pedals and an electric motor of 750 watts or less that meets the requirements of a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle."

Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting in section 11B¾ the following:-

"Class 3 electric bicycles shall not be ridden on a bike path or shared-use path unless permitted by the municipality, local authority or state agency having jurisdiction over that path;

A municipality, local authority or state agency with jurisdiction over a natural surface trail designated for bicycle use made by clearing and grading the soil, after public notice and a public hearing may adopt ordinances or regulations prohibiting or otherwise regulating the operation of electric bicycles on such paths, including, but not limited to, the imposition of speed limits."

Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking in section 11B3/4 the following:-

"(d) An electric bicycle shall not be operated on a trail designated for nonmotorized traffic, that a municipality, local authority or state agency has jurisdiction over, if such trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added; provided, however, that a municipality, local authority or state agency after public notice and a public hearing may adopt ordinances or regulations permitting or otherwise regulating the use of electric bicycles on such a trail within its jurisdiction, including, but not limited to, the imposition of speed limits."

Chapter 85 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking in section 11B3/4 (b) the following:- "that electric bicycles shall not be ridden or operated on sidewalks."