HF 2753

as introduced - 87th Legislature (2011 - 2012) Posted on 03/15/2012 03:35pm

A bill for an act
relating to transportation; public safety; traffic regulations; regulating
electric-assisted bicycle as bicycle rather than motorized bicycle; amending
Minnesota Statutes 2010, sections 169.011, subdivisions 4, 45; 169.222,
subdivision 6; 169.223, subdivisions 1, 5.

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

Section 1.

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

Subd. 4.

Bicycle.

"Bicycle" means every device propelled solely by human power
upon which any person may ride, having two tandem wheels except scooters and similar
devices and including any device generally recognized as a bicycle though equipped
with two front or rear wheels. new text begin Bicycle includes an electric-assisted bicycle as defined
in subdivision 27.
new text end

Sec. 2.

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. deleted text begin "Motorized bicycle"
includes an electric-assisted bicycle as defined in subdivision 27.
deleted text end

Sec. 3.

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 a lamp which shall emit a white light
visible from a distance of at least 500 feet to the front and with 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. 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 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. A bicycle may be equipped with a rear lamp that emits a red flashing signal.

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

(c) 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.

(d) No person shall operate upon a highway any new text begin two-wheeled new text end 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. 4.

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

Subdivision 1.

Safety equipment; parking.

Except as otherwise provided in this
section, section 169.974 relating to motorcycles is applicable to motorized bicycles,
except that:

(1) protective headgear includes headgear that meets the American National
Standard for Protective Headgear for Bicyclists, ANSI Z90.4-1984, approved by the
American National Standards Institute, Inc.;

(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 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. 5.

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