Minnesota Legislature
HF 3858
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2024 09:35am
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A bill for an act
relating to transportation; amending requirements related to active transportation,
including regulation of electric-assisted bicycles and sales, requirements on
complete streets, driver's education, and authority to issue certain citations;
amending Minnesota Statutes 2022, sections 169.011, by adding subdivisions;
169.06, subdivisions 5, 6; 169.14, subdivision 2; 169.21, subdivisions 3, 6; 169.222,
subdivision 6b; 174.75, subdivisions 1, 2, by adding a subdivision; Minnesota
Statutes 2023 Supplement, sections 169.011, subdivision 27; 171.0705, subdivision
2; 171.13, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 325F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 169.011, subdivision 27, is
amended to read:
Subd. 27.
Electric-assisted bicycle.
new text begin (a) new text end "Electric-assisted bicycle" means a bicycle with
two or three wheels that:
(1) has a saddle and fully operable pedals for human propulsion;
(2) meets the requirements for bicycles under Code of Federal Regulations, title 16, part
1512, or successor requirements;
(3) is equipped with an electric motor that has anew text begin continuousnew text end power output of not more
than 750 watts;
(4) meets the requirements of a class 1, class 2, deleted text begin ordeleted text end class 3new text begin , or multiple modenew text end
electric-assisted bicycle; and
(5) has a battery or electric drive system that has been tested to an applicable safety
standard by a third-party testing laboratory.
new text begin
(b) A vehicle that is modified so that it no longer meets the requirements for any
electric-assisted bicycle class is not an electric-assisted bicycle.
new text end
Sec. 2.
Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision to
read:
new text begin Subd. 45a. new text end
new text begin Multiple mode electric-assisted bicycle. new text end
new text begin
"Multiple mode electric-assisted
bicycle" means an electric-assisted bicycle equipped with switchable or programmable
modes that provide for operation as two or more of a class 1, class 2, or class 3
electric-assisted bicycle in conformance with the definition and requirements under this
chapter for each respective class.
new text end
Sec. 3.
Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision to
read:
new text begin Subd. 92b. new text end
new text begin Vulnerable road user. new text end
new text begin
"Vulnerable road user" means a person in the
right-of-way of a highway, including but not limited to a bikeway and an adjacent sidewalk
or trail, who is:
new text end
new text begin
(1) a pedestrian;
new text end
new text begin
(2) on a bicycle or other nonmotorized vehicle or device;
new text end
new text begin
(3) on a motorized vehicle or device having less than four wheels;
new text end
new text begin
(4) on an electric personal assistive mobility device;
new text end
new text begin
(5) on an implement of husbandry; or
new text end
new text begin
(6) riding an animal.
new text end
new text begin
Vulnerable road user includes the operator and any passengers for a vehicle, device, or
personal conveyance identified in this subdivision.
new text end
Sec. 4.
Minnesota Statutes 2022, section 169.06, subdivision 5, is amended to read:
Subd. 5.
Traffic-control signal.
(a) Whenever traffic is controlled by traffic-control
signals exhibiting different colored lights, or colored lighted arrows, successively one at a
time or in combination, only the colors Green, Red, and Yellow deleted text begin shalldeleted text end new text begin are permitted tonew text end be
used, except for special pedestrian signals carrying a word or deleted text begin legenddeleted text end new text begin symbolnew text end . The
traffic-control signal lights or colored lighted arrows indicate and apply to drivers of vehicles
and pedestrians as follows:
(1) Green indication:
(i) Vehicular traffic facing a circular green signal may proceed straight through or turn
right or left unless a sign prohibits either turn. But vehicular traffic, including vehicles
turning right or left, deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to other vehicles and to pedestrians
lawfully within the intersection or adjacent crosswalk at the time this signal is exhibited.
Vehicular traffic turning left or making a U-turn to the left deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way
to other vehicles approaching from the opposite direction so closely as to constitute an
immediate hazard.
(ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
another indication, may cautiously enter the intersection only to make the movement indicated
by the arrow, or other movement as permitted by other indications shown at the same time.
Vehicular traffic deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the intersection.
(iii) Unless otherwise directed by a pedestrian-control signal as provided in subdivision
6, pedestrians facing any green signal, except when the sole green signal is a turn arrow,
may proceed across the roadway within any marked or unmarked crosswalk. Every driver
of a vehicle deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to such pedestrian, except that the pedestrian
deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to vehicles lawfully within the intersection at the time that
the green signal indication is first shown.
(2) Steady yellow indication:
(i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby
warned that the related green movement is being terminated or that a red indication will be
exhibited immediately thereafter when vehicular traffic must not enter the intersection,
except for the continued movement allowed by any green arrow indication simultaneously
exhibited.
(ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown and deleted text begin nodeleted text end new text begin anew text end pedestrian
deleted text begin shalldeleted text end new text begin must notnew text end then start to cross the roadway.
(3) Steady red indication:
(i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked stop
line but, if none, before entering the crosswalk on the near side of the intersection or, if
none, then before entering the intersection and deleted text begin shalldeleted text end new text begin mustnew text end remain standing until a green
indication is shown, except as follows:
(A) the driver of a vehicle stopped as close as practicable at the entrance to the crosswalk
on the near side of the intersection or, if none, then at the entrance to the intersection in
obedience to a red or stop signal, and with the intention of making a right turn may make
the right turn, after stopping, unless an official sign has been erected prohibiting such
movement, but deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to pedestrians and other traffic lawfully
proceeding as directed by the signal at that intersection; or
(B) the driver of a vehicle on a one-way street intersecting another one-way street on
which traffic moves to the left deleted text begin shalldeleted text end new text begin mustnew text end stop in obedience to a red or stop signal and may
then make a left turn into the one-way street, unless an official sign has been erected
prohibiting the movement, but deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to pedestrians and other
traffic lawfully proceeding as directed by the signal at that intersection.
(ii) Unless otherwise directed by a pedestrian-control signal as provided in subdivision
6, pedestrians facing a steady red signal alone deleted text begin shalldeleted text end new text begin mustnew text end not enter the roadway.
(iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
movement indicated by the arrow, must stop at a clearly marked stop line but, if none, before
entering the crosswalk on the near side of the intersection or, if none, then before entering
the intersection and must remain standing until a permissive signal indication permitting
the movement indicated by the red arrow is displayed, except as follows: when an official
sign has been erected permitting a turn on a red arrow signal, the vehicular traffic facing a
red arrow signal indication is permitted to enter the intersection to turn right, or to turn left
from a one-way street into a one-way street on which traffic moves to the left, after stopping,
but must yield the right-of-way to pedestrians and other traffic lawfully proceeding as
directed by the signal at that intersection.
(b) In the event an official traffic-control signal is erected and maintained at a place
other than an intersection, the provisions of this section are applicable except those which
can have no application. Any stop required must be made at a sign or marking on the
pavement indicating where the stop must be made, but in the absence of any such sign or
marking the stop must be made at the signal.
(c) When a traffic-control signal indication or indications placed to control a certain
movement or lane are so identified by placing a sign near the indication or indications, no
other traffic-control signal indication or indications within the intersection controls vehicular
traffic for that movement or lane.
new text begin
(d) A peace officer is prohibited from stopping, detaining, or issuing a citation to a
pedestrian for a violation of paragraph (a), clause (2), item (ii), or (3), item (ii), unless:
new text end
new text begin
(1) the officer lawfully stops or detains the pedestrian for an unrelated violation or
offense; or
new text end
new text begin
(2) at the time of the violation, a vehicle is approaching in a manner that constitutes a
hazard of collision between the vehicle and the pedestrian.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to violations
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2022, section 169.06, subdivision 6, is amended to read:
Subd. 6.
Pedestrian control signal.
(a) Whenever special pedestrian-control signals
exhibiting the words "Walk" or "Don't Walk" or symbols of a "walking person" or "upraised
hand" are in place, the signals or symbols indicate as follows:
(1) A steady "Walk" signal or the symbol of a "walking person" indicates that a pedestrian
facing either of these signals may proceed across the roadway in the direction of the signal,
possibly in conflict with turning vehicles. Every driver of a vehicle deleted text begin shalldeleted text end new text begin mustnew text end yield the
right-of-way to such pedestrian except that the pedestrian deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way
to vehicles lawfully within the intersection at the time that either signal indication is first
shown.
(2) A "Don't Walk" signal or the symbol of an "upraised hand," flashing or steady,
indicates that a pedestrian deleted text begin shalldeleted text end new text begin mustnew text end not start to cross the roadway in the direction of either
signal, but any pedestrian who has partially crossed on the "Walk" or "walking person"
signal indication deleted text begin shalldeleted text end new text begin mustnew text end proceed to a sidewalk or safety island while the signal is showing.
(b) A pedestrian crossing a roadway in conformity with this section is lawfully within
the intersection and, when in a crosswalk, is lawfully within the crosswalk.
new text begin
(c) A peace officer is prohibited from stopping, detaining, or issuing a citation to a
pedestrian for a violation of paragraph (a), clause (2), unless:
new text end
new text begin
(1) the officer lawfully stops or detains the pedestrian for an unrelated violation or
offense; or
new text end
new text begin
(2) at the time of the violation, a vehicle is approaching in a manner that constitutes a
hazard of collision between the vehicle and the pedestrian.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to violations
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2022, section 169.14, subdivision 2, is amended to read:
Subd. 2.
Speed limits.
(a) Where no special hazard existsnew text begin ,new text end the following speeds deleted text begin shall bedeleted text end new text begin
arenew text end lawful, but any speeds in excess of such limits deleted text begin shall bedeleted text end new text begin arenew text end prima facie evidence that the
speed is not reasonable or prudent and that it is unlawful; except that the speed limit within
any municipality deleted text begin shall bedeleted text end new text begin isnew text end a maximum limit and any speed in excess deleted text begin thereof shall bedeleted text end new text begin of
the speed limit isnew text end unlawful:
(1) 30 miles per hour in an urban district;
(2) 65 miles per hour on noninterstate expressways, as defined in section 160.02,
subdivision 18b, and noninterstate freeways, as defined in section 160.02, subdivision 19;
(3) 55 miles per hour in locations other than those specified in this section;
(4) 70 miles per hour on interstate highways outside the limits of any urbanized area
with a population of greater than 50,000 as defined by order of the commissioner of
transportation;
(5) 65 miles per hour on interstate highways inside the limits of any urbanized area with
a population of greater than 50,000 as defined by order of the commissioner of transportation;
(6) ten miles per hour in alleys;
(7) 25 miles per hour in residential roadways if adopted by the road authority having
jurisdiction over the residential roadway; deleted text begin and
deleted text end
(8) 35 miles per hour in a rural residential district if adopted by the road authority having
jurisdiction over the rural residential districtdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) 15 miles per hour in a school zone, as defined in subdivision 5a, paragraph (c).
new text end
(b) A speed limit adopted under paragraph (a), clause (7), is not effective unless the road
authority has erected signs designating the speed limit and indicating the beginning and end
of the residential roadway on which the speed limit applies.
(c) A speed limit adopted under paragraph (a), clause (8), is not effective unless the road
authority has erected signs designating the speed limit and indicating the beginning and end
of the rural residential district for the roadway on which the speed limit applies.
new text begin
(d) A speed limit under paragraph (a), clause (9), is effective following erection of signs
designating the speed limit. A road authority must erect signs designating the speed limit
as provided under paragraph (a), clause (9), no later than in the normal course of speed limit
sign replacement, unless a different speed limit is established under subdivision 4, 5, or 5a.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a
person who violates a speed limit established in this subdivision, or a speed limit designated
on an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by driving 20 miles per hour
or more in excess of the applicable speed limit, is assessed an additional surcharge equal
to the amount of the fine imposed for the speed violation, but not less than $25.
Sec. 7.
Minnesota Statutes 2022, section 169.21, subdivision 3, is amended to read:
Subd. 3.
Crossing between intersections.
(a) Every pedestrian crossing a roadway at
any point other than within a marked crosswalk or at an intersection with no marked
crosswalk deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to all vehicles upon the roadway.
(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead
pedestrian crossing has been provided deleted text begin shalldeleted text end new text begin mustnew text end yield the right-of-way to all vehicles upon
the roadway.
(c) Between adjacent intersections at which traffic-control signals are in operation
pedestrians deleted text begin shalldeleted text end new text begin mustnew text end not cross at any place except in a marked crosswalk.
(d) Notwithstanding the other provisions of this sectionnew text begin ,new text end every driver of a vehicle deleted text begin shalldeleted text end new text begin
mustnew text end (1) exercise due care to avoid colliding with any bicycle or pedestrian upon any
roadwaynew text begin ,new text end and (2) give an audible signal when necessary and exercise proper precaution
upon observing any child or any obviously confused or incapacitated person upon a roadway.
new text begin
(e) A peace officer is prohibited from stopping, detaining, or issuing a citation to a
pedestrian for a violation of paragraph (c), unless:
new text end
new text begin
(1) the officer lawfully stops or detains the pedestrian for an unrelated violation or
offense; or
new text end
new text begin
(2) at the time of the violation, a vehicle is approaching in a manner that constitutes a
hazard of collision between the vehicle and the pedestrian.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to violations
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 169.21, subdivision 6, is amended to read:
Subd. 6.
Driver education deleted text begin curriculumdeleted text end new text begin ; vulnerable road usersnew text end .
The deleted text begin class D curriculum,
in addition to driver education classroom curriculum prescribed in rules of statutes for class
D motor vehicles, must include instruction ondeleted text end new text begin commissioner must adopt rules for persons
enrolled in driver education programs offered at public schools, private schools, and
commercial driver training schools, requiring inclusion in the course of instruction a section
on vulnerable road users. The instruction must include information on:
new text end
new text begin
(1) the rights and responsibilities of vulnerable road users, as defined in section 169.011,
subdivision 92b;
new text end
new text begin (2)new text end thenew text begin specificnew text end duties of a driver when encountering anew text begin two-wheeled vehicle,new text end bicycle,
other nonmotorized vehicles, or a pedestriandeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) safety risks for vulnerable road users; and
new text end
new text begin
(4) best practices to minimize dangers and avoid collisions with vulnerable road users.
new text end
Sec. 9.
Minnesota Statutes 2022, section 169.222, subdivision 6b, is amended to read:
Subd. 6b.
Electric-assisted bicycle; equipment.
(a) The manufacturer or distributor of
an electric-assisted bicycle must apply a label to the bicycle that is permanently affixed in
a prominent location. The label must contain the deleted text begin classificationdeleted text end new text begin classnew text end number, top assisted
speed, and motor wattage of the electric-assisted bicycle, and must be printed in a legible
font with at least 9-point type.new text begin A multiple mode electric-assisted bicycle must have labeling
that identifies each of the electric-assisted bicycle classes in which it is capable of operation.
new text end
(b) A person must not modify an electric-assisted bicycle to change the motor-powered
speed capability or motor engagementnew text begin so that the bicycle no longer meets the requirements
for the applicable class,new text end unlessnew text begin :
new text end
new text begin (1)new text end the person replaces the label required in paragraph (a) with revised informationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) for a vehicle that no longer meets the requirements for any electric-assisted bicycle
class, the person removes the labeling as an electric-assisted bicycle.
new text end
(c) An electric-assisted bicycle must operate in a manner so that the electric motor is
disengaged or ceases to function deleted text begin when the rider stops pedaling ordeleted text end new text begin : (1)new text end when the brakes are
appliednew text begin ; or (2) except for a class 2 electric-assisted bicycle or a multiple mode
electric-assisted bicycle operating in class 2 mode, when the rider stops pedalingnew text end .
(d) A class 3 electric-assisted bicyclenew text begin or multiple mode electric-assisted bicyclenew text end must
be equipped with a speedometer that displays the speed at which the bicycle is traveling in
miles per hour.
new text begin
(e) A multiple mode electric-assisted bicycle equipped with a throttle must not be capable
of exceeding 20 miles per hour on motorized propulsion alone in any mode when the throttle
is engaged.
new text end
Sec. 10.
Minnesota Statutes 2023 Supplement, section 171.0705, subdivision 2, is amended
to read:
Subd. 2.
Driver's manual; deleted text begin bicycle trafficdeleted text end new text begin vulnerable road usersnew text end .
The commissioner
deleted text begin shalldeleted text end new text begin mustnew text end include in deleted text begin each edition ofdeleted text end the driver's manual published by the department a
section relating tonew text begin vulnerable road users that, at a minimum, includes:
new text end
new text begin (1)new text end bicycle traffic laws, including any changes in the law which affect bicycle trafficdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) traffic laws related to pedestrians and pedestrian safety; and
new text end
new text begin
(3) traffic laws related to motorcycles, autocycles, motorized bicycles, motorized foot
scooters, and electric personal assistive mobility devices.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to each edition of the manual published on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2023 Supplement, section 171.13, subdivision 1, is amended
to read:
Subdivision 1.
Examination subjects and locations; provisions for color blindness,
disabled veterans.
(a) Except as otherwise provided in this section, the commissioner must
examine each applicant for a driver's license by such agency as the commissioner directs.
This examination must include:
(1) a test of the applicant's eyesight, provided that this requirement is met by submission
of a vision examination certificate under section 171.06, subdivision 7;
(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;
(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
penalties and financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
transportation safety, including the significance of school bus lights, signals, stop arm, and
passing a school bus; (vi) traffic laws related tonew text begin vulnerable road users, including but not
limited to operators ofnew text end bicyclesnew text begin and pedestriansnew text end ; and (vii) the circumstances and dangers of
carbon monoxide poisoning;
(4) an actual demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle; and
(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways.
(b) Notwithstanding paragraph (a), the commissioner must not deny an application for
a driver's license based on the exclusive grounds that the applicant's eyesight is deficient in
color perception or that the applicant has been diagnosed with diabetes mellitus. War veterans
operating motor vehicles especially equipped for disabled persons, if otherwise entitled to
a license, must be granted such license.
(c) The commissioner must ensure that an applicant may take an exam either in the
county where the applicant resides or in an adjacent county at a reasonably convenient
location. The schedule for each exam station must be posted on the department's website.
(d) The commissioner shall ensure that an applicant is able to obtain an appointment for
an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the
applicant's request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.
(e) The commissioner must provide real-time information on the department's website
about the availability and location of exam appointments. The website must show the next
available exam dates and times for each exam station. The website must also provide an
option for a person to enter an address to see the date and time of the next available exam
at each exam station sorted by distance from the address provided.
Sec. 12.
Minnesota Statutes 2022, section 174.75, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .
new text begin
(a) For purposes of this section, the following
terms have the meanings given.
new text end
new text begin (b) new text end "Complete streets" is the planning, scoping, design, implementation, operation, and
maintenance of roads in order to reasonably address the safety and accessibility needs of
users of all ages and abilities. Complete streets considers the needs of motorists, pedestrians,
transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along
and across roads, intersections, and crossings in a manner that is sensitive to the local context
and recognizes that the needs vary in urban, suburban, and rural settings.
new text begin
(c) "Vulnerable road user" has the meaning given in section 169.011, subdivision 92b.
new text end
Sec. 13.
Minnesota Statutes 2022, section 174.75, subdivision 2, is amended to read:
Subd. 2.
Implementation.
new text begin (a) new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end implement a complete
streets policy after consultation with stakeholders, state and regional agencies, local
governments, and road authorities. The commissioner, after such consultation, deleted text begin shalldeleted text end new text begin mustnew text end
address relevant protocols, guidance, standards, requirements, and trainingdeleted text begin , and shall
integratedeleted text end new text begin .
new text end
new text begin
(b) The complete streets policy must include but is not limited to:
new text end
new text begin (1) integration ofnew text end related principles of context-sensitive solutionsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) integration throughout the project development process;
new text end
new text begin
(3) methods to evaluate inclusion of active transportation facilities in a project, which
may include but is not limited to sidewalks, crosswalk markings, pedestrian accessibility,
and bikeways; and
new text end
new text begin
(4) consideration of consultation with other road authorities regarding existing and
planned active transportation network connections.
new text end
Sec. 14.
Minnesota Statutes 2022, section 174.75, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Implementation guidance. new text end
new text begin
The commissioner must maintain guidance that
accompanies the complete streets policy under this section. The guidance must include
sections on:
new text end
new text begin
(1) an analysis framework that provides for:
new text end
new text begin
(i) identification of characteristics of a project;
new text end
new text begin
(ii) highway system categorization based on context, including population density, land
use, density and scale of surrounding development, volume of highway use, and the nature
and extent of active transportation; and
new text end
new text begin
(iii) relative emphasis for different road system users in each of the categories under
item (ii) in a manner that supports safety and mobility of vulnerable road users and public
transit users; and
new text end
new text begin
(2) an analysis of speed limit reductions and associated roadway design modifications
to support safety and mobility in active transportation.
new text end
Sec. 15.
new text begin
[325F.661] SALE OF ELECTRIC-ASSISTED BICYCLES AND POWERED
CYCLES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Class 1 electric-assisted bicycle," "class 2 electric-assisted bicycle," and "class 3
electric-assisted bicycle" have the meanings given in section 169.011, subdivisions 15a,
15b, and 15c.
new text end
new text begin
(c) "Electric-assisted bicycle" has the meaning given in section 169.011, subdivision
27.
new text end
new text begin
(d) "Multiple mode electric-assisted bicycle" has the meaning given in section 169.011,
subdivision 45a.
new text end
new text begin
(e) "Powered cycle" means a vehicle that has an electric motor, has fewer than four
wheels, and:
new text end
new text begin
(1) does not meet all of the requirements of an electric-assisted bicycle as sold or due
to modification by any person; or
new text end
new text begin
(2) is designed, manufactured, or intended by the manufacturer or seller to be easily
configured so as not to meet all of the requirements of an electric-assisted bicycle, whether
by a mechanical switch or button, by changing a setting in software controlling the drive
system, by use of an app, or through any other means intended by the manufacturer or seller.
new text end
new text begin
A vehicle that meets the requirements of a powered cycle is not an electric-assisted bicycle.
new text end
new text begin Subd. 2. new text end
new text begin Electric-assisted bicycle. new text end
new text begin
Before a purchase is completed, a seller of an
electric-assisted bicycle must disclose to a consumer in written form:
new text end
new text begin
(1) the maximum continuous rated power of the electric-assisted bicycle;
new text end
new text begin
(2) the maximum speed of the electric-assisted bicycle, as evaluated using a test method
matching the criteria specified in Code of Federal Regulations, title 16, section 1512.2(a)(2),
or successor requirements; and
new text end
new text begin
(3) whether the electric-assisted bicycle is a class 1, class 2, class 3, or multiple mode
electric-assisted bicycle.
new text end
new text begin Subd. 3. new text end
new text begin Powered cycle. new text end
new text begin
(a) A seller of a new powered cycle may not sell the vehicle
or offer the vehicle for sale if it is labeled as a class 1, class 2, class 3, or multiple mode
electric-assisted bicycle.
new text end
new text begin
(b) Before a purchase is completed and in any advertising materials, a seller of a new
powered cycle who describes the vehicle as an "electric bicycle," "electric bike," "e-bike,"
or other similar term must disclose to a consumer:
new text end
new text begin
(1) the name or classification of the vehicle under state law or the most likely
classification following an intended or anticipated vehicle modification; and
new text end
new text begin
(2) the following statement:
new text end
new text begin
"This vehicle is not an "electric-assisted bicycle" as defined in state law (under Minnesota
Statutes, section 169.011, subdivisions 15a, 15b, 15c, 27, and 45a). It is instead a type of
motor vehicle and subject to applicable motor vehicle laws if used on public roads or public
lands. Your insurance policies might not provide coverage for accidents involving the use
of this vehicle. To determine coverage, you should contact your insurance company or
agent."
new text end
new text begin
(c) Advertising materials under paragraph (b) include but are not limited to a website
or social media post that identifies or promotes the vehicle.
new text end
new text begin
(d) The disclosure under paragraph (b) must be (1) written, and (2) provided clearly and
conspicuously and in a manner designed to attract the attention of a consumer.
new text end
new text begin Subd. 4. new text end
new text begin Unlawful practices. new text end
new text begin
It is an unlawful practice under section 325F.69 to advertise,
offer for sale, or sell a powered cycle:
new text end
new text begin
(1) as an electric-assisted bicycle; or
new text end
new text begin
(2) using the words "electric bicycle," "electric bike," "e-bike," or other similar term
without providing the disclosure required under subdivision 3.
new text end
Sec. 16. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must recodify Minnesota Statutes, section 169.21, subdivision
6, as Minnesota Statutes, section 171.0701, subdivision 1b. The revisor must correct any
cross-references made necessary by this recodification.
new text end