Amendment ID: S2989-204-R1
Redraft Amendment 204
Electric bicycles
Messrs. DiDomenico, Moore and Velis, Ms. Comerford, Ms. Edwards, Ms. Lovely and Ms. Chang-Diaz move that the proposed new text be amended by inserting after section 10, the following 6 sections:-
"SECTION 10A. Chapter 85 of the General Laws is hereby amended by inserting after section 11B½ the following section:-
Section 11B¾. (a) 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.
(b)(1) Except as otherwise provided in this section, an 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. Electric bicycles may be ridden on a street, road, way, bike lane, bike path, bike route, or shared-use path that is open for use by bicycles; provided, however, that:
(i) a municipality, local authority or state agency having jurisdiction over a street, road, way, bike lane, bike path, bike route, or shared-use path that is open for use by bicycles may, after public notice and hearing, adopt ordinances or regulations prohibiting or otherwise regulating the operation of class 1 electric bicycles, class 2 electric bicycles 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 lane, bike path, bike route, or shared-use path that is open for use by bicycles may authorize the operation of class 3 electric bicycles on the path and until such time no class 3 electric bicycle may be operated on such a path;
(iii) this paragraph shall not apply to a trail designated for nonmotorized traffic if the 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 may regulate the use of electric bicycles on such a trail within its jurisdiction; and
(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) 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 paragraph (3).
(c)(1) A person under the age of 16 shall not 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.
(2) All operators and passengers of class 3 electric bicycles shall wear a properly fitted and fastened bicycle helmet that meets the standards established by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials or standards subsequently established by such entities. A violation of this paragraph shall not be used as evidence of contributory negligence in a civil action.
(3) All class 3 electric bicycles shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour.
(d) The secretary of transportation may promulgate additional regulations regarding electric bicycles, including, but not limited to, their safe operation and proper labeling. The secretary shall submit any such proposed regulation to the clerks of the house of representatives and senate and to the joint committee on transportation not less than 30 days prior to its effective date.
SECTION 10B. 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 “Bus or motor bus” the following 3 definitions:-
“Class 1 electric bicycle”, 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.
“Class 2 electric bicycle”, 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.
“Class 3 electric bicycle”, 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 10C. Said section 1 of said chapter 90, as so appearing, is hereby further 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.
SECTION 10D. The definition of “Licensed private driver school” in said section 1 of said Chapter 90, as so appearing, is hereby amended by adding the following sentence:- The definition of “motorized bicycle” shall not include an electric bicycle.
SECTION 10E. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “motorcycle”, in line 275, the following words:- electric bicycle.
SECTION 10F. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “include”, in line 293, the following words:- electric bicycles or.”; and
by inserting after section 11 the following section:-
“SECTION 11A. 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.”; and
by adding the following section:-
“SECTION 37. Paragraph (3) of subsection (b) of section 11B¾ of chapter 85 shall take effect on and after January 1, 2023.”.