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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
FACT SHEET FOR S.B. 1398
miniature scooters, electric standup scooters
Purpose
Defines electric miniature scooter and electric standup scooter. Grants operators of electric standup scooters the same rights, privileges and duties as operators of bicycles.
Background
Under current statute a person riding a bicycle on a roadway or on a shoulder adjoining a roadway is granted all of the rights and privileges of the driver of a vehicle and is subject to all of the duties applicable to the driver of a vehicle (A.R.S. § 28-812). Laws 2018, Chapter 224 defined an electric bicycle under three different classifications, each with specific propellant and speed specifications. A certificate of title, registration, vehicle license tax, emissions inspection, driver license or vehicle insurance policy is not required to operate a motorized electric, gas-powered or electric 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 ordinances regulating or prohibiting operation of motorized electric or gas-powered bicycles or tricycles 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 proposed legislation.
Provisions
1. States that an operator of an electric standup scooter is granted all the rights and privileges and is subject to all of the duties of a person riding a bicycle.
2. Stipulates that an electric standup scooter is subject to the same statutory provisions as a bicycle unless otherwise regulated by a local authority.
3. States that a local authority is not prohibited from considering the environmental and traffic benefits of electric bicycles and electric standup scooters when regulating such vehicles.
4. Excludes an electric standup scooter from statutory provisions relating to certificates of title, registration, vehicle license tax, driver licenses or vehicle insurance.
5. Allows electric standup scooters to be used on bicycle and multiuse paths pursuant to permission from a local authority or agency of Arizona having jurisdiction over the paths.
6. Requires an electric standup scooter to have unique identification that consists of both letters and numbers and that complies with all of the following:
a) is visible from a distance of at least five feet;
b) is not obscured by brandings or markings; and
c) is used to identify the scooter in Arizona, applicable to all persons and local authorities.
7. Excludes an electric miniature scooter and an electric standup scooter from the definition of a moped.
8. Excludes an electric miniature scooter and an electric standup scooter from the definitions of motorcycle, motor-driven cycle, motor vehicle and vehicle.
9. Specifies that a motorized skateboard means a self-propelled device that does not have handlebars.
10. Defines an electric standup scooter as a device that fulfills all of the following:
a) weighs less than 75 pounds;
b) has two or three wheels;
c) has handlebars;
d) has a floorboard on which a person may stand while riding;
e) is powered by an electric motor or human power, or both;
f) has a maximum speed that does not exceed 20 miles per hour, with or without human propulsion, on a paved level surface; and
g) does not include an electric miniature scooter.
11. Defines an electric miniature scooter as a device that fulfills all of the following:
a) weighs less than 30 pounds;
b) has two or three wheels;
c) has handlebars;
d) has a floorboard on which a person may stand while riding;
e) is powered by an electric motor or human power, or both; and
f) has a maximum speed that does not exceed 10 miles per hour, with or without human propulsion, on a paved level surface.
12. Makes technical and conforming changes.
13. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. States that a local authority is not prohibited from considering the environmental and traffic benefits when regulating electric bicycles and electric standup scooters.
2. Narrows statutory language to specify that only electric standup scooters, and not electric miniature scooters, are subject to all the following:
a) having the same rights, privileges and duties of a person riding a bicycle;
b) exemptions to certificates of title, registration, vehicle license tax, driver's license or vehicle insurance requirements; and
c) the ability to use bicycle or multiuse pathways unless prohibited by a local authority.
Senate Action
TPS 2/4/19 DP 7-0-1
Prepared by Senate Research
February 28, 2019
ZD/HB/gs