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HF 32

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/18/2021 04:08pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to transportation; modifying classification and regulation of electric-assisted
bicycles; amending Minnesota Statutes 2020, sections 84.787, subdivision 7;
84.797, subdivision 7; 84.92, subdivision 8; 168.002, subdivision 18; 169.011,
subdivisions 27, 42, by adding subdivisions; 169.222, subdivisions 4, 6a, by adding
a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 84.787, subdivision 7, is amended to read:


Subd. 7.

Off-highway motorcycle.

new text begin(a) new text end"Off-highway motorcycle" means a motorized,
off-highway vehicle traveling on two wheels and having a seat or saddle designed to be
straddled by the operator and handlebars for steering control, including a vehicle that is
registered under chapter 168 for highway use if it is also used for off-highway operation on
trails or unimproved terrain.

new text begin (b) Off-highway motorcycle does not include an electric-assisted bicycle as defined in
section 169.011, subdivision 27.
new text end

Sec. 2.

Minnesota Statutes 2020, section 84.797, subdivision 7, is amended to read:


Subd. 7.

Off-road vehicle.

new text begin(a) new text end"Off-road vehicle" or "vehicle" means a motor-driven
recreational vehicle capable of cross-country travel on natural terrain without benefit of a
road or trail.

new text begin (b)new text end Off-road vehicle does not include a snowmobile; an all-terrain vehicle; a motorcycle;new text begin
an electric-assisted bicycle as defined in section 169.011, subdivision 27;
new text end a watercraft; a
farm vehicle being used for farming; a vehicle used for military, fire, emergency, or law
enforcement purposes; a construction or logging vehicle used in the performance of its
common function; a motor vehicle owned by or operated under contract with a utility,
whether publicly or privately owned, when used for work on utilities; a commercial vehicle
being used for its intended purpose; snow-grooming equipment when used for its intended
purpose; or an aircraft.

Sec. 3.

Minnesota Statutes 2020, section 84.92, subdivision 8, is amended to read:


Subd. 8.

All-terrain vehicle or vehicle.

new text begin(a)new text end "All-terrain vehicle" or "vehicle" means a
motorized vehicle with: (1) not less than three, but not more than six low pressure or
non-pneumatic tires; (2) a total dry weight of 2,000 pounds or less; and (3) a total width
from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle
includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle.

new text begin (b)new text end All-terrain vehicle does not include deleted text beginadeleted text end new text beginan electric-assisted bicycle as defined in section
169.011, subdivision 27,
new text endgolf cart, mini-truck, dune buggy, or go-cart or a vehicle designed
and used specifically for lawn maintenance, agriculture, logging, or mining purposes.

Sec. 4.

Minnesota Statutes 2020, section 168.002, subdivision 18, is amended to read:


Subd. 18.

Motor vehicle.

(a) "Motor vehicle" means any self-propelled vehicle designed
and originally manufactured to operate primarily on highways, and not operated exclusively
upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle
and includes vehicles known as trackless trolleys that are propelled by electric power obtained
from overhead trolley wires but not operated upon rails. deleted text beginIt does not include snowmobiles,
manufactured homes, or park trailers.
deleted text end

(b) "Motor vehicle" includes an all-terrain vehicle only if the all-terrain vehicle (1) has
at least four wheels, (2) is owned and operated by a physically disabled person, and (3)
displays both disability plates and a physically disabled certificate issued under section
169.345.

(c) "Motor vehicle" does not include an all-terrain vehicle except (1) an all-terrain vehicle
described in paragraph (b), or (2) an all-terrain vehicle licensed as a motor vehicle before
August 1, 1985. The owner may continue to license an all-terrain vehicle described in clause
(2) as a motor vehicle until it is conveyed or otherwise transferred to another owner, is
destroyed, or fails to comply with the registration and licensing requirements of this chapter.

(d) "Motor vehicle" does not includenew text begin a snowmobile; a manufactured home; a park trailer;new text end
an electric personal assistive mobility device as defined in section 169.011, subdivision 26deleted text begin.deleted text endnew text begin;
new text end

deleted text begin (e) "Motor vehicle" does not includedeleted text end a motorized foot scooter as defined in section
169.011, subdivision 46new text begin; or an electric-assisted bicycle as defined in section 169.011,
subdivision 27
new text end.

deleted text begin (f)deleted text endnew text begin (e)new text end "Motor vehicle" includes an off-highway motorcycle modified to meet the
requirements of chapter 169 according to section 84.788, subdivision 12.

Sec. 5.

Minnesota Statutes 2020, section 169.011, is amended by adding a subdivision to
read:


new text begin Subd. 15a. new text end

new text begin Class 1 electric-assisted bicycle. new text end

new text begin "Class 1 electric-assisted bicycle" means
an electric-assisted bicycle equipped with an electric motor that provides assistance only
when the rider is pedaling and ceases to provide assistance when the bicycle reaches the
speed of 20 miles per hour.
new text end

Sec. 6.

Minnesota Statutes 2020, section 169.011, is amended by adding a subdivision to
read:


new text begin Subd. 15b. new text end

new text begin Class 2 electric-assisted bicycle. new text end

new text begin "Class 2 electric-assisted bicycle" means
an electric-assisted bicycle equipped with an electric motor that is capable of propelling the
bicycle without the rider pedaling and ceases to provide assistance when the bicycle reaches
the speed of 20 miles per hour.
new text end

Sec. 7.

Minnesota Statutes 2020, section 169.011, is amended by adding a subdivision to
read:


new text begin Subd. 15c. new text end

new text begin Class 3 electric-assisted bicycle. new text end

new text begin "Class 3 electric-assisted bicycle" means
an electric-assisted bicycle equipped with an electric motor that provides assistance only
when the rider is pedaling and ceases to provide assistance when the bicycle reaches the
speed of 28 miles per hour.
new text end

Sec. 8.

Minnesota Statutes 2020, section 169.011, subdivision 27, is amended to read:


Subd. 27.

Electric-assisted bicycle.

"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 requirementsdeleted text begin:
deleted text end

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

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

(3) deleted text beginhasdeleted text endnew text begin is equipped withnew text end an electric motor that deleted text begin(i)deleted text end has a power output of not more than
deleted text begin 1,000deleted text endnew text begin 750new text end wattsdeleted text begin, (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
deleted text endnew text begin; and
new text end

new text begin (4) meets the requirements of a class 1, class 2, or class 3 electric-assisted bicyclenew text end.

Sec. 9.

Minnesota Statutes 2020, section 169.011, subdivision 42, is amended to read:


Subd. 42.

Motor vehicle.

new text begin(a) new text end"Motor vehicle" means every vehicle which is self-propelled
and every vehicle which is propelled by electric power obtained from overhead trolley wires.

new text begin (b)new text end Motor vehicle does not includenew text begin an electric-assisted bicycle;new text end an electric personal
assistive mobility devicenew text begin;new text end or a vehicle moved solely by human power.

Sec. 10.

Minnesota Statutes 2020, section 169.222, subdivision 4, is amended to read:


Subd. 4.

Riding rules.

(a) Every person operating a bicycle upon a roadway shall ride
as close as practicable to the right-hand curb or edge of the roadway except under any 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;

(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; or

(4) when operating on the shoulder of a roadway or in a bicycle lane.

(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the
same direction as adjacent vehicular traffic.

(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two
abreast and shall not impede the normal and reasonable movement of traffic and, on a laned
roadway, shall ride within a single lane.

(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder on a
crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal
when necessary before overtaking and passing any pedestrian. No person shall ride a bicycle
upon a sidewalk within a business district unless permitted by local authorities. Local
authorities may prohibit the operation of bicycles on any sidewalk or crosswalk under their
jurisdiction.

(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe
distance when overtaking a bicycle or individual proceeding in the same direction on the
bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual.

(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or shoulder
on a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same
circumstances.

deleted text begin (g) A person may operate an electric-assisted bicycle on the shoulder of a roadway, on
a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015, subdivision
1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph (b), as
applicable.
deleted text end

Sec. 11.

Minnesota Statutes 2020, section 169.222, subdivision 6a, is amended to read:


Subd. 6a.

deleted text beginOperator agedeleted text endnew text begin Electric-assisted bicycle; riding rulesnew text end.

new text begin (a) A person may
operate an electric-assisted bicycle in the same manner as provided for operation of other
bicycles, including but not limited to operation on the shoulder of a roadway, a bicycle lane,
and a bicycle route, and operation without the motor engaged on a bikeway or bicycle trail.
new text end

new text begin (b) A person may operate a class 1 or class 2 electric-assisted bicycle with the motor
engaged on a bicycle path, bicycle trail, or shared use path unless prohibited under section
85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2,
paragraph (b), as applicable.
new text end

new text begin (c) A person may operate a class 3 electric-assisted bicycle with the motor engaged on
a bicycle path, bicycle trail, or shared use path unless the local authority or state agency
having jurisdiction over the bicycle path or trail prohibits the operation.
new text end

new text begin (d) The local authority or state agency having jurisdiction over a trail that is designated
as nonmotorized, and that has a natural surface tread made by clearing and grading the
native soil with no added surfacing materials, may regulate the operation of an
electric-assisted bicycle.
new text end

new text begin (e) new text endNo person under the age of 15 shall operate an electric-assisted bicycle.

Sec. 12.

Minnesota Statutes 2020, section 169.222, is amended by adding a subdivision
to read:


new text begin Subd. 6b. new text end

new text begin Electric-assisted bicycle; equipment. new text end

new text begin (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 classification 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 end

new text begin (b) A person must not modify an electric-assisted bicycle to change the motor-powered
speed capability or motor engagement unless the person replaces the label required in
paragraph (a) with revised information.
new text end

new text begin (c) An electric-assisted bicycle must operate in a manner so that the electric motor is
disengaged or ceases to function when the rider stops pedaling or when the brakes are
applied.
new text end

new text begin (d) A class 3 electric-assisted bicycle must be equipped with a speedometer that displays
the speed at which the bicycle is traveling in miles per hour.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective January 1, 2022. Paragraphs (b) to (d)
are effective August 1, 2021.
new text end