Assigned to TRANSIT &                                                                                                     AS PASSED BY COW

 

 


 

 

ARIZONA STATE SENATE

Fifty-Third Legislature, Second Regular Session

 

AMENDED

FACT SHEET FOR H.B. 2266

 

dark sky lighting special plates

(NOW: electric bicycles; definition; use)

 

Purpose

 

Establishes classifications of electric bicycles. Grants rights and privileges, and subjects duties to operators of electric bicycles.

 

Background

 

Current statute defines a motorized electric or gas powered bicycle or tricycle as a bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of 48 cubic centimeters or fewer, that may also be self-propelled and that is operated at speeds of less than 20 miles per hour.

 

A certificate of title, registration, vehicle license tax, emissions inspection, driver license or vehicle insurance policy are not required to operate a motorized electric or gas powered bicycle or tricycle. The operator of a motorized electric or gas powered bicycle or tricycle is exempt from safety equipment requirements subject to riders of motorcycles, all-terrain vehicles and motor driven cycles.

 

Local authorities may adopt ordinance regulating or prohibiting operation of motorized electric or gas powered bicycle or tricycle, but may not require registration or licensing of the vehicles (A.R.S. § 28-2516).

 

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

 

Provisions

 

1.      Defines an electric bicycle as a bicycle or tricycle equipped with fully operable pedals, an electric motor of 750 watts or less and creates the following classifications of electric bicycles:

a)      a class 1 electric bicycle is a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and ceases to provide assistance if the speed exceeds 20 miles per hour;

b)      a class 2 electric bicycle is a bicycle or tricycle that is equipped with an electric motor that exclusively propels the bicycle and does not exceed a speed of 20 miles per hour; and

c)      a class 3 electric bicycle is a bicycle or tricycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and ceases to provide assistance if the speed exceeds 28 miles per hour.

2.      Grants the rights and privileges of a person riding a bicycle and subjects the duties of a person riding a bicycle to the operator of an electric bicycle.

 

3.      Stipulates that an electric bicycle does not require a certificate of title, registration, vehicle license tax, driver licenses or vehicle insurance.

 

4.      Requires, beginning January 1, 2019, electric bicycle manufacturers and distributors to apply a prominent, permanently fixed label and requires the label to specify the classification number, top assisted speed, and motor wattage printed in at least nine-point type.

 

5.      Allows a person to operate a class 1 or class 2 electric bicycle in all places where bicycles are permitted.

 

6.      Permits a local authority to prohibit operation on bicycle paths within its jurisdiction.

 

7.      Prohibits a person from operating a class 3 electric bicycle on a bicycle or multiuse path unless the path is within or adjacent to a highway and permits a local authority to designate additional paths where electric bicycle operation is allowed.

 

8.      Specifies that an electric bicycle is not included in statutory definitions, powers and duties of a moped, motorcycle, motor driven cycle, motor vehicle, vehicle, or motorized gas powered bicycle or tricycle.

 

9.      Makes technical and conforming changes.

 

10.  Becomes effective on the general effective date.

 

Amendments Adopted by Committee

 

·         Adopted the strike-everything amendment.

 

Amendments Adopted by Committee of the Whole

 

·         Removes the requirement that the text of the electric bicycle label be printed in bold type.

 

Senate Action

 

TRANSIT       3/20/18            DPA/SE          7-0-0

 

Prepared by Senate Research

March 29, 2018

KN/CU/lb