Assigned to TRANS AS
PASSED BY THE SENATE
ARIZONA STATE SENATE
Forty-seventh Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2796
motorized electric; gas powered bicycles
Purpose
Exempts motorized electric and gas powered bicycles and tricycles from several motor vehicle regulations. Changes the definition of “neighborhood electric vehicle.”
Background
In 2002, federal legislation subjected low-speed electric bicycles to the Consumer Product Safety Commission’s regulations for bicycles that are solely human powered. The Consumer Product Safety Act defines a low speed electric bicycle as ‘‘a two or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 horse power), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.’’ Additionally, laws governing road rules for human powered bicycles are found in the federal Uniform Vehicle Code, many of which are mirrored in Arizona statutes, including laws governing the number of riders per bicycle, the appropriate position in the roadway and turning provisions.
Arizona statutes do not currently address motorized electric or gas powered bicycles or tricycles; however, mopeds are defined as bicycles that are equipped with a helper motor with a maximum piston displacement of 50 cubic centimeters or less, a brake horsepower of one and one-half or less and a maximum speed of twenty-five miles per hour or less on a flat surface with less than a one per cent grade. Arizona does not require mopeds to be titled but owners must register the vehicles and pay an annual $4.50 vehicle license tax.
A neighborhood electric vehicle (NEV) is a self-propelled, electrically powered motor vehicle with at least four wheels that is emission free, designed to carry four or fewer passengers and is operated at less than 25 miles per hour. Arizona law also restricts NEVs to a weight of less than 1800 pounds unladen. NEVs are often golf cart-shaped and, to meet the definition of a low speed vehicle under federal law, must have seatbelts, windshields, turn signals, headlights, brake lights and other safety equipment. NEVs are designed to be used in residential areas with low density traffic and low speed zones.
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Exempts a motorized electric or gas powered bicycle or tricycle from the requirements for certificates of title, registration, vehicle insurance, vehicle license taxes, equipment and vehicle emissions inspections.
2. Exempts the driver of a motorized electric or gas powered bicycle or tricycle drivers from any driver license requirement.
3. Allows motorized electric or gas powered bicycles or tricycles to use rights-of-way designated for the exclusive us of bicycles.
4. Clarifies that a local jurisdiction is not prohibited from adopting ordinances regulating the operation of motorized electric or gas powered bicycle or tricycles.
5. Changes the definition of “neighborhood electric vehicle” by removing the passenger capacity limitation, the speed limit maximum, the vehicle weight limit and by requiring compliance with federal standards for low speed vehicles.
6. Defines “motorized electric or gas powered bicycle or tricycle.”
7. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Stipulates that local jurisdictions may adopt ordinances to regulate the operation of motorized electric or gas powered bicycles or tricycles.
Amendments Adopted by Committee of the Whole
· Changes the definition of “neighborhood electric vehicle” to allow for larger electric vehicles that meet federal motor vehicle safety guidelines.
House Action Senate Action
TRANS 2/16/06 DP 9-0-0-0-0 TRANS 3/21/06 DPA 4-0-1-0
3rd Read 3/08/06 60-0-0-0 3rd Read 4/24/06 30-0-0-0
Prepared by Senate Research
May 11, 2006
DG/ac