SF 1136

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:59am

A bill for an act
relating to transportation; amending operation requirements and regulation
of electric-assisted bicycles; permitting electric-assisted bicycle operation on
bikeways and bicycle trails; amending Minnesota Statutes 2010, sections 85.015,
by adding a subdivision; 85.018, subdivisions 2, 4; 160.263, subdivision 2;
169.011, subdivision 27; 169.223, subdivision 5.

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

Section 1.

Minnesota Statutes 2010, section 85.015, is amended by adding a
subdivision to read:

new text begin Subd. 1d. new text end

new text begin Bicycle use of trails. new text end

new text begin The commissioner may not prohibit operation of an
electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any trail under
this section for which bicycle use is permitted.
new text end

Sec. 2.

Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read:

Subd. 2.

Authority of local government.

(a) A local government unit that receives
state grants-in-aid for any trail, with the concurrence of the commissioner, and the
landowner or land lessee, may:

(1) designate the trail for use by snowmobiles or for nonmotorized use from
December 1 to April 1 of any year; and

(2) issue any permit required under subdivisions 3 to 5.

(b) A local government unit that receives state grants-in-aid under section 84.794,
subdivision 2, 84.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the
concurrence of the commissioner, and landowner or land lessee, may:

(1) designate the trail specifically for use at various times of the year by all-terrain or
off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring,
snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized
use at the same time; and

(2) issue any permit required under subdivisions 3 to 5.

(c) A local unit of government that receives state grants-in-aid for any trail, with the
concurrence of the commissioner and landowner or land lessee, may designate certain
trails for joint use by snowmobiles, off-highway motorcycles, all-terrain new text begin vehicles, new text end and
off-road vehicles.

new text begin (d) A local unit of government may not prohibit operation of an electric-assisted
bicycle, as defined in section 169.011, subdivision 27, on any trail under this section
designated for bicycle use or nonmotorized use that includes bicycles.
new text end

Sec. 3.

Minnesota Statutes 2010, section 85.018, subdivision 4, is amended to read:

Subd. 4.

Nonmotorized use trails.

new text begin (a) new text end No motorized vehicle shall be operated on a
trail designated for nonmotorized use. This subdivision does not apply to new text begin (1) new text end motorized
wheelchairs or other motorized devices operated by an individual who is physically
disabled new text begin and (2) electric-assisted bicycles, as defined in section 169.011, subdivision 27 new text end .

Sec. 4.

Minnesota Statutes 2010, section 160.263, subdivision 2, is amended to read:

Subd. 2.

Powers of political subdivisions.

new text begin (a) new text end The governing body of any political
subdivision may by ordinance or resolution:

(1) designate any roadway or shoulder or portion thereof under its jurisdiction as
a bicycle lane or bicycle route;

(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path
provided that the designation does not destroy a pedestrian way or pedestrian access;

(3) develop and designate bicycle paths;

(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths.

new text begin (b) A governing body may not prohibit operation of an electric-assisted bicycle, as
defined in section 169.011, subdivision 27, on any bikeway, roadway, or shoulder.
new text end

Sec. 5.

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 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 15, part 1512, and 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. 6.

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) deleted text begin 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 end

deleted text begin (d) Subject to the provisions of section 160.263, subdivision 3, deleted text end A person may
operate an electric-assisted bicycle on a new text begin bikeway or new text end bicycle deleted text begin lane deleted text end new text begin trail new text end . 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.