HF 2051

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/19/2012 03:12pm

A bill for an act
relating to public safety; traffic regulations; amending regulations governing
electric-assisted bicycles; amending Minnesota Statutes 2010, sections 168.002,
subdivisions 19, 20; 168.012, by adding a subdivision; 168A.03, subdivision
1; 169.011, subdivisions 4, 27, 44, 45; 169.222, subdivisions 6, 7, by adding
subdivisions; 169.223, subdivisions 1, 5; 171.01, subdivision 41.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 168.002, subdivision 19, is amended to
read:

Subd. 19.

Motorcycle.

"Motorcycle" deleted text begin means every motor vehicle having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels in
contact with the ground, including motor scooters and bicycles with motor attached, other
than those vehicles defined as motorized bicycles in subdivision 20, but excluding a tractor deleted text end new text begin
has the meaning given in section 169.011, subdivision 44 new text end .

Sec. 2.

Minnesota Statutes 2010, section 168.002, subdivision 20, is amended to read:

Subd. 20.

Motorized bicycle.

"Motorized bicycle" deleted text begin means a bicycle that is propelled
by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
centimeters or less, and a maximum of two brake horsepower, which is capable of a
maximum speed of not more than 30 miles per hour on a flat surface with not more than
one percent grade in any direction when the motor is engaged. "Motorized bicycle"
includes an electric-assisted bicycle as defined in section 169.011, subdivision 27 deleted text end new text begin has the
meaning given in section 169.011, subdivision 45 new text end .

Sec. 3.

Minnesota Statutes 2010, section 168.012, is amended by adding a subdivision
to read:

new text begin Subd. 2d. new text end

new text begin Electric-assisted bicycles. new text end

new text begin Electric-assisted bicycles must not be taxed as
motor vehicles using the public streets and highways, and are exempt from the provisions
of this chapter.
new text end

Sec. 4.

Minnesota Statutes 2010, section 168A.03, subdivision 1, is amended to read:

Subdivision 1.

No certificate issued.

The registrar shall not issue a certificate of
title for:

(1) a vehicle owned by the United States;

(2) a vehicle owned by a nonresident and not required by law to be registered in
this state;

(3) a vehicle owned by a nonresident and regularly engaged in the interstate
transportation of persons or property for which a currently effective certificate of title
has been issued in another state;

(4) a vehicle moved solely by animal power;

(5) an implement of husbandry;

(6) special mobile equipment;

(7) a self-propelled wheelchair or invalid tricycle;

(8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
holds an interest in the trailer or a certificate of title was previously issued by this state or
any other state or (ii) designed primarily for agricultural purposes except a recreational
vehicle or a manufactured home, both as defined in section 168.002, subdivisions 16
and 27;

(9) a snowmobile; deleted text begin and
deleted text end

(10) a spotter truck, as defined in section 169.011, subdivision 77 new text begin ; and
new text end

new text begin (11) an electric-assisted bicycle, as defined in section 169.011, subdivision 27 new text end .

Sec. 5.

Minnesota Statutes 2010, section 169.011, subdivision 4, is amended to read:

Subd. 4.

Bicycle.

"Bicycle" means every device new text begin capable of being new text end propelled solely
by human power upon which any person may ride, having two tandem wheels deleted text begin except
scooters and similar devices deleted text end new text begin , new text end and including any device generally recognized as a bicycle
though equipped with two front or rear wheels. new text begin "Bicycle" does not include scooters,
motorized foot scooters, or similar devices.
new text end

Sec. 6.

Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read:

Subd. 27.

Electric-assisted bicycle.

"Electric-assisted bicycle" means a deleted text begin motor
vehicle deleted text end new text begin bicycle new text end with two or three wheels that:

(1) has a saddle and fully operable pedals for human propulsion;

(2) meets the requirements new text begin :
new text end

new text begin (i) new text end of federal motor vehicle safety standards new text begin for a motor-driven cycle new text end in Code of
Federal Regulations, title 49, sections 571.1 et seq. new text begin ; or
new text end

new text begin (ii) for bicycles under Code of Federal Regulations, title 16, part 1512, or successor
requirements new text end ; and

(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii)
is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is
incapable of further increasing the speed of the device when human power alone is used
to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or
ceases to function when the vehicle's brakes are applied.

Sec. 7.

Minnesota Statutes 2010, section 169.011, subdivision 44, is amended to read:

Subd. 44.

Motorcycle.

"Motorcycle" means every motor vehicle having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels in
contact with the ground, including motor scooters deleted text begin and bicycles with motor attached, other
than those vehicles defined as deleted text end new text begin . "Motorcycle" does not include (1) new text end motorized bicycles new text begin
as defined new text end in subdivision 45, deleted text begin but excluding deleted text end new text begin (2) electric-assisted bicycles as defined in
subdivision 27, or (3) new text end a tractor.

Sec. 8.

Minnesota Statutes 2010, section 169.011, subdivision 45, is amended to read:

Subd. 45.

Motorized bicycle.

"Motorized bicycle" means a bicycle that is propelled
by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
centimeters or less, and a maximum of two brake horsepower, which is capable of a
maximum speed of not more than 30 miles per hour on a flat surface with not more than
one percent grade in any direction when the motor is engaged. "Motorized bicycle"
deleted text begin includes deleted text end new text begin does not include new text end an electric-assisted bicycle as defined in subdivision 27.

Sec. 9.

Minnesota Statutes 2010, section 169.222, subdivision 6, is amended to read:

Subd. 6.

Bicycle equipment.

(a) No person shall operate a bicycle at nighttime
unless the bicycle or its operator is equipped with new text begin (1) new text end a lamp which deleted text begin shall emit deleted text end new text begin emits new text end
a white light visible from a distance of at least 500 feet to the front new text begin ; new text end and deleted text begin with deleted text end new text begin (2) new text end a red
reflector of a type approved by the Department of Public Safety which is visible from all
distances from 100 feet to 600 feet to the rear when directly in front of lawful lower
beams of headlamps on a motor vehicle.

new text begin (b) new text end No person may operate a bicycle at any time when there is not sufficient light to
render persons and vehicles on the highway clearly discernible at a distance of 500 feet
ahead new text begin , new text end unless the bicycle or its operator is equipped with reflective surfaces that shall be
visible during the hours of darkness from 600 feet when viewed in front of lawful lower
beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective
materials on each side of each pedal to indicate their presence from the front or the rear and
with a minimum of 20 square inches of reflective material on each side of the bicycle or its
operator. Any bicycle equipped with side reflectors as required by regulations for new
bicycles prescribed by the United States Consumer Product Safety Commission shall be
considered to meet the requirements for side reflectorization contained in this subdivision.

new text begin (c) new text end A bicycle may be equipped with a rear lamp that emits a red flashing signal.

deleted text begin (b) deleted text end new text begin (d) new text end No person shall operate a bicycle unless it is equipped with a brake which deleted text begin will
enable deleted text end new text begin enables new text end the operator to make the braked wheels skid on dry, level, clean pavement.

deleted text begin (c) deleted text end new text begin (e) new text end No person shall operate upon a highway any bicycle equipped with handlebars
so raised that the operator must elevate the hands above the level of the shoulders in
order to grasp the normal steering grip area.

deleted text begin (d) deleted text end new text begin (f) new text end No person shall operate upon a highway any bicycle which is of such a size
as to prevent the operator from stopping the bicycle, supporting it with at least one foot
on the highway surface and restarting in a safe manner.

Sec. 10.

Minnesota Statutes 2010, section 169.222, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Operator and passenger equipment. new text end

new text begin No person under the age of 18
shall operate or ride an electric-assisted bicycle on a street or highway without wearing
properly fitted and fastened headgear that (1) complies with standards established by
the commissioner of public safety under section 169.974, subdivision 4; or (2) meets
the standards under Code of Federal Regulations, title 16, part 1203, or successor
requirements.
new text end

Sec. 11.

Minnesota Statutes 2010, section 169.222, is amended by adding a subdivision
to read:

new text begin Subd. 6b. new text end

new text begin Operator age. new text end

new text begin No person under the age of 15 shall operate an
electric-assisted bicycle.
new text end

Sec. 12.

Minnesota Statutes 2010, section 169.222, subdivision 7, is amended to read:

Subd. 7.

Sale with reflectors and other equipment.

No person shall sell or offer
for sale any new bicycle unless it is equipped with reflectors and other equipment as
required by subdivision 6, clauses deleted text begin (a) and deleted text end (b) new text begin and (d) new text end and by deleted text begin the deleted text end new text begin applicable new text end regulations for
new bicycles prescribed by the United States Consumer Product Safety Commission.

Sec. 13.

Minnesota Statutes 2010, section 169.223, subdivision 1, is amended to read:

Subdivision 1.

Safety equipment; parking.

deleted text begin Except as otherwise provided in this
section, deleted text end Section 169.974 relating to motorcycles is applicable to motorized bicycles, new text begin
except as otherwise provided in this section and new text end except that:

(1) protective headgear includes headgear that meets the deleted text begin American National
Standard for Protective Headgear for Bicyclists, ANSI Z90.4-1984, approved by the
American National Standards Institute, Inc. deleted text end new text begin standards under Code of Federal Regulations,
title 16, part 1203, or successor requirements new text end ;

(2) a motorized bicycle equipped with a headlight and taillight meeting the
requirements of lighting for motorcycles may be operated during nighttime hours;

(3) deleted text begin except as provided in clause (5), deleted text end protective headgear is not required for operators
18 years of age or older; new text begin and
new text end

(4) the provisions of section 169.222 new text begin , subdivision 9, new text end governing the parking of
bicycles apply to motorized bicycles deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (5) the operator of an electric-assisted bicycle must wear properly fitted and
fastened headgear that meets the American National Standard for Protective Headgear for
Bicyclists, ANSI Z90.4-1984, approved by the American National Standards Institute,
Inc., when operating the electric-assisted bicycle on a street or highway; and
deleted text end

deleted text begin (6) eye protection devices are not required for operators of electric-assisted bicycles.
deleted text end

Sec. 14.

Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read:

Subd. 5.

Other operation requirements and prohibitions.

(a) A person operating
a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb
or edge of the roadway except in one of the following situations:

(1) when overtaking and passing another vehicle proceeding in the same direction;

(2) when preparing for a left turn at an intersection or into a private road or
driveway; or

(3) when reasonably necessary to avoid conditions, including fixed or moving
objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make
it unsafe to continue along the right-hand curb or edge.

(b) Persons operating motorized bicycles on a roadway may not ride more than two
abreast and may not impede the normal and reasonable movement of traffic. On a laned
roadway, a person operating a motorized bicycle shall ride within a single lane.

(c) This section does not permit the operation of a motorized bicycle on a bicycle
path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic.

deleted text begin (d) Subject to the provisions of section 160.263, subdivision 3, a person may operate
an electric-assisted bicycle on a bicycle lane. A person may operate an electric-assisted
bicycle on the shoulder of a roadway if the electric-assisted bicycle is traveling in the same
direction as the adjacent vehicular traffic.
deleted text end

Sec. 15.

Minnesota Statutes 2010, section 171.01, subdivision 41, is amended to read:

Subd. 41.

Motorized bicycle.

"Motorized bicycle" deleted text begin means a bicycle that is propelled
by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic
centimeters or less, and a maximum of two brake horsepower, which is capable of a
maximum speed of not more than 30 miles per hour on a flat surface with not more than
one percent grade in any direction when the motor is engaged. "Motorized bicycle"
includes an electric-assisted bicycle as defined in section 169.011, subdivision 27 deleted text end new text begin has the
meaning given in section 169.011, subdivision 45 new text end .