Amendment ID: S2813-163
Messrs. DiDomenico and Welch, Ms. DiZoglio, Mr. Velis, Ms. Moran, Mr. Brady, Ms. Jehlen and Mr. Timilty move that the proposed new text be amended in section XXX, by adding the following words:-
"Section XXX. Micromobility
SECTION 1. Section 1 of chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is chereby 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 less than 750 watts that meets the requirements of 1 of the following 3 classes:
(1) Class 1 – 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;
(2) Class 2 – 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;
(3) 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 2. Section 1 of Chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the definition of “department” the following definition:
“Electric foot scooter”, any device weighing less than 100 pounds, with two or three wheels, handlebars and a floorboard that can be stood upon while riding, which is solely powered by an electric motor and/or human power, and whose maximum speed, with or without human propulsion on a paved level surface, is no more than twenty miles per hour. An electric foot scooter is not a motorized scooter.
Section 3. Said section 1 of said chapter 90, as so appearing, is hereby further amended as follows:
In line 265, by inserting after the word “hour.” The following sentence: - “The definition of “motorized bicycle” shall not include an electric bicycle; and
in line 270 by inserting after the word “wheelchair” the following:- “electric bicycle or an electric foot scooter”; and
in lines 287-288 by inserting after the word “bicycles” the following:- “electric bicycle or electric foot scooters”.
SECTION 4. Chapter 90 of the General Laws, is hereby amended by inserting after Section 1I the following chapter:
Section 1J. An electric foot scooter shall not be operated upon any way, as defined in section one within the commonwealth, at a speed in excess of twenty miles per hour.
An electric foot scooter may be operated where bicycles are permitted to travel, and a person operating an electric foot scooter shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting electric foot scooters or bicycles have been posted. An electric foot scooter may be parked on a sidewalk in a manner not impeding the normal flow of pedestrian traffic.
An electric foot scooter operator shall be subject to all traffic laws and regulations of the commonwealth, provided that 1) an electric foot scooter operator shall keep to the right side of the road, including when passing a motor vehicle which is moving in the travel lane of the way, unless the electric foot scooter operator is preparing to execute a left turn or when reasonably necessary to avoid hazardous conditions; 2) an electric foot scooter operator shall yield to pedestrian traffic at all times.
An electric foot scooter shall be equipped with a brake, and, when in use at nighttime, with lights visible from the front and the rear.
Every person under age sixteen operating an electric foot scooter shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe.
No person operating an electric foot scooter shall permit any other person to ride as a passenger on the electric foot scooter.
A person convicted of a violation of this section shall be punished by a fine of not more than twenty-five dollars for the first offense, not less than twenty-five nor more than fifty dollars for a second offense, and not less than fifty nor more than one hundred dollars for subsequent offenses committed.
SECTION 5. Said chapter 90 is hereby further amended by inserting after section 1J the following section:-
Section 1K: Electric foot scooters; the department to issue recommendations regarding best practices for the safe operation of electric foot scooters. The recommendations and best practices may: (1) establish vehicle specifications and speed limits; (2) establish age restrictions on the use of certain personal micro-mobility devices; (3) establish restrictions on the operation of personal micro-mobility devices on sidewalks; (4) determine the number of passengers such devices can safely transport; (5) establish data sharing and protection requirements for persons or entities engaged in the retail business of renting personal micro-mobility devices; (6) establish fines to be assessed for violations upon electric foot scooters; and (7) address any other matters related to safe operation of electric foot scooters.
Section 6. Section 1 of chapter 90D of the General Laws, as so appearing, is hereby amended by inserting after the word “include”, in line 25, the following words:- electric bicycles or.
Section 7. Chapter 85 of the General Laws 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 restrictions:
(a) Except as otherwise provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle. 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, that:
(i) A municipality, local authority or state agency having jurisdiction over a bike path or shared-use path may prohibit the operation of class 1 or class 2 electric bicycles on that path;
(ii) 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;
(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;
(b) 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.
(c) On and after January 1, 2020, 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;
(d) 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 (c);
(e) Class 3 electric bicycles shall be subject to the following additional restrictions:
(i) No person under the age of 16 may operate a class 3 electric bicycle. A person under the age of 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;
(iv) A municipality or local authority having jurisdiction over streets, roads, or ways may prohibit the operation of class 3 electric bicycles on those streets, roads or ways.
The Massachusetts Department of Transportation may promulgate regulations regarding electric bicycles including, but not limited to: regulations concerning their safe operation and proper labeling. The secretary of transportation shall submit proposed regulations to the clerks of the Senate and the House of Representatives and to the joint committee on transportation not later than 30 days before their effective date."