SF 5211

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/26/2024 08:55am

A bill for an act
relating to transportation; establishing electric-assisted bicycle training, education,
and sales requirements; requiring an electric-assisted bicycle operator's permit;
requiring an electric-assisted bicycle youth operation study; requiring a report;
amending Minnesota Statutes 2022, sections 169.011, by adding a subdivision;
169.222, subdivisions 2, 6a, 6b; 171.01, by adding a subdivision; 171.02, by adding
a subdivision; 171.061, subdivisions 1, 3; Minnesota Statutes 2023 Supplement,
sections 123B.935, subdivision 1; 169.011, subdivision 27; 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 123B.935, subdivision 1, is
amended to read:

Subdivision 1.

Training required.

(a) Each district must provide public school pupils
enrolled in kindergarten through grade 3 with age-appropriate active transportation safety
training. At a minimum, the training must include pedestrian safety, including crossing
roads.

(b) Each district must provide public school pupils enrolled in grades 4 through 8 with
age-appropriate active transportation safety training. At a minimum, the training must
include:

(1) pedestrian safety, including crossing roads safely using the searching left, right, left
for vehicles in traffic technique; deleted text begin and
deleted text end

(2) bicycle safety, including relevant traffic laws, use and proper fit of protective
headgear, bicycle parts and safety features, and safe biking techniques deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) electric-assisted bicycle safety, emphasizing the characteristics and safety risks of
electric-assisted bicycles in comparison to bicycles, including but not limited to the electric
drive system, a higher potential top speed, relevant and unique traffic laws applicable to
operators 18 years of age or younger, and safe biking techniques specific to electric-assisted
bicycles.
new text end

(c) A nonpublic school may provide nonpublic school pupils enrolled in kindergarten
through grade 8 with training as specified in paragraphs (a) and (b).

Sec. 2.

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 a new text begin continuous new text end power output of not more
than 750 watts;

(4) meets the requirements of a class 1, class 2, deleted text begin or deleted text end class 3 new text begin , or multiple mode new 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. 3.

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. 4.

Minnesota Statutes 2022, section 169.222, subdivision 2, is amended to read:

Subd. 2.

Manner and number riding.

No bicycle, including deleted text begin a deleted text end new text begin an electric-assisted
bicycle, new text end tandem bicycle, cargo or utility bicycle, or trailer, deleted text begin shall deleted text end new text begin may new text end be used to carry more
persons at one time than the number for which deleted text begin it deleted text end new text begin the bicycle new text end is designed and equipped,
except an adult rider may carry a child in a seat designed for carrying children that is securely
attached to the bicycle.

Sec. 5.

Minnesota Statutes 2022, section 169.222, subdivision 6a, is amended to read:

Subd. 6a.

Electric-assisted bicycle; riding rules.

(a) new text begin Notwithstanding the license or
permit requirement in paragraph (b), new text end 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 begin (b) An electric-assisted bicycle may be operated under either a driver's license or an
electric-assisted bicycle permit issued under section 171.02, subdivision 6.
new text end

new text begin (c) A person under the age of 16 operating an electric-assisted bicycle under an
electric-assisted bicycle permit is subject to the restrictions set forth in subdivision 6c.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end 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.

deleted text begin (c) deleted text end new text begin (e) new text end A person may operate a class 3 electric-assisted bicycle new text begin or multiple mode
electric-assisted bicycle new text end 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.

deleted text begin (d) deleted text end new text begin (f) new text end The local authority or state agency having jurisdiction over a trail new text begin or over a bike
path new text end 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.

deleted text begin (e) No deleted text end new text begin (g) A new text end person under the age of 15 deleted text begin shall deleted text end new text begin may not new text end operate an electric-assisted bicycle.

new text begin (h) A person under the age of 18 operating an electric-assisted bicycle must wear
protective headgear that meets the standards under Code of Federal Regulations, title 16,
part 1203, or successor requirements.
new text end

Sec. 6.

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 classification deleted text end new text begin class new text end number, top assisted
speed new text begin , whether the bicycle is for the purpose of transporting passengers new text end , 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 engagement new text begin so that the bicycle no longer meets the requirements
for the applicable class, new text end unless new text begin :
new text end

new text begin (1) new text end the person replaces the label required in paragraph (a) with revised information deleted 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 electric-assisted bicycle labeling.
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 or deleted text end new text begin : (1) new text end when the brakes are
applied new 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 pedaling new text end .

(d) A class 3 electric-assisted bicycle new text begin or multiple mode electric-assisted bicycle new 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. 7.

Minnesota Statutes 2022, section 171.01, is amended by adding a subdivision to
read:

new text begin Subd. 31c. new text end

new text begin Electric-assisted bicycle. new text end

new text begin "Electric-assisted bicycle" has the meaning given
in section 169.011, subdivision 27.
new text end

Sec. 8.

Minnesota Statutes 2022, section 171.02, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Electric-assisted bicycle. new text end

new text begin (a) An electric-assisted bicycle may not be operated
on any public roadway by any person who does not possess a valid driver's license unless
the person has obtained an electric-assisted bicycle operator's permit or electric-assisted
bicycle operator's instruction permit from the commissioner.
new text end

new text begin (b) Except as provided in paragraph (c), the operator's permit may be issued to any
person who has attained the age of 15 years and who has passed the examination prescribed
by the commissioner.
new text end

new text begin (c) The commissioner must issue an electric-assisted bicycle instruction permit to any
person who has attained the age of 15 years and who has successfully completed an approved
safety course and passed the written portion of the examination prescribed by the
commissioner.
new text end

new text begin (d) The safety course required under this subdivision must include but is not limited to
a basic understanding of:
new text end

new text begin (1) electric-assisted bicycle classification, information on certain components that
distinguish electric-assisted bicycles from pedal-powered bicycles, and the limitations of
those components;
new text end

new text begin (2) laws and rules specific to electric-assisted bicycles, including:
new text end

new text begin (i) riding rules set forth in section 169.222;
new text end

new text begin (ii) equipment requirements as specified in section 169.222, subdivision 6b; and
new text end

new text begin (iii) restrictions against modifying an electric-assisted bicycle or selling a powered cycle
as an electric-assisted bicycle as provided in section 325F.661;
new text end

new text begin (3) basic operating techniques and passenger restrictions;
new text end

new text begin (4) safe operating practices when operating on a bicycle path, bicycle trail, or shared-use
path;
new text end

new text begin (5) safe operating practices when operating on a public roadway;
new text end

new text begin (6) electric-assisted bicycle traffic strategies; and
new text end

new text begin (7) safe battery storage.
new text end

new text begin (e) The examination administered by the commissioner must substantially address the
subjects specified in paragraph (d). The commissioner may adopt rules prescribing the
content of the safety course, examination, and information to be contained on the
electric-assisted bicycle permit. The commissioner must consult with bicycle advocacy
organizations when creating the examination and safety course required under this
subdivision. An electric-assisted bicycle permit issued under this subdivision does not
constitute a permit to operate a motorized bicycle or a motorcycle under a two-wheel
instruction permit.
new text end

new text begin (f) The fees for electric-assisted bicycle operator permits are as follows:
new text end

new text begin (1) electric-assisted bicycle operator's permit before age 21 and valid until age 21, $7.50;
new text end

new text begin (2) renewal permit age 21 or older and valid for four years, $12.50;
new text end

new text begin (3) duplicate of any renewal permit, $6.50; and
new text end

new text begin (4) written examination and instruction permit, valid for 30 days, $6.50.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to applications
made on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2022, section 171.061, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section:

(1) "applicant" means an individual applying for a driver's license, provisional license,
restricted license, duplicate license, instruction permit, Minnesota identification card, deleted text begin or deleted text end
motorized bicycle operator's permit new text begin , or electric-assisted bicycle operator's permit new text end ; and

(2) "application" refers to an application for a driver's license, provisional license,
restricted license, duplicate license, instruction permit, Minnesota identification card, or
motorized bicycle operator's permit.

Sec. 10.

Minnesota Statutes 2022, section 171.061, subdivision 3, is amended to read:

Subd. 3.

Application.

An applicant may file an application with an agent. The agent
shall receive and accept applications in accordance with the laws and rules of the Department
of Public Safety for a noncompliant driver's license or identification card; an enhanced
driver's license or identification card; a REAL ID compliant driver's license or identification
card; restricted license; duplicate license; instruction permit; deleted text begin or deleted text end motorized bicycle operator's
permit new text begin ; or electric-assisted bicycle operator's permit new text end . Application records must be maintained
at the office of the agent in a manner that complies with sections 13.05, subdivision 5, and
13.055. As an alternative to paper copy storage, an agent may retain records and documents
in a secure electronic medium that complies with the security requirements under the United
States Federal Bureau of Investigation, Criminal Justice Information Services Division,
Policy 5.4 or any successor policy, provided 60 days have elapsed since the transaction and
subject to standards established by the commissioner. The agent is responsible for all costs
associated with the conversion to electronic records and maintenance of the electronic
storage medium, including the destruction of existing paper records after conversion to the
electronic format. All queries and responses in the secure electronic medium, and all actions
in which data are entered, updated, accessed, or shared or disseminated by the agent must
be contained in a data audit trail. Data contained in the audit trail are public to the extent
the data are not otherwise classified under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024, and applies to applications
made on or after that date.
new text end

Sec. 11.

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) "Passenger" means any individual other than an operator of an electric-assisted
bicycle.
new text end

new text begin (f) "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;
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; and
new text end

new text begin (4) whether the electric-assisted bicycle is for the purpose of transporting passengers
and the location of any seating or attachment points.
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. 12. new text begin ELECTRIC-ASSISTED BICYCLE YOUTH OPERATION; STUDY
REQUIRED.
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) "Active transportation advisory committee" is the committee established in Minnesota
Statutes, section 174.375.
new text end

new text begin (c) "Advisory Council on Traffic Safety" is the advisory council established in Minnesota
Statutes, section 4.076.
new text end

new text begin (d) "Commissioners" means the commissioner of public safety and the commissioner
of transportation.
new text end

new text begin (e) "Electric-assisted bicycle" has the meaning given in Minnesota Statutes, section
169.011, subdivision 27.
new text end

new text begin Subd. 2. new text end

new text begin Electric-assisted bicycles study. new text end

new text begin (a) The commissioners must conduct a study
and develop recommendations on the operation of electric-assisted bicycles by persons
under the age of 18 to increase the safety of riders, other cyclists, and all other users of
active transportation infrastructure. The commissioners must conduct the study jointly with
the active transportation advisory committee and the Advisory Council on Traffic Safety.
new text end

new text begin (b) The study required under paragraph (a) must address and analyze the following
topics:
new text end

new text begin (1) identify barriers for safe operation of electric-assisted bicycles by those under the
age of 18;
new text end

new text begin (2) analyze the licensing and permitting requirements established in Minnesota Statutes,
section 171.02, and present recommendations on its implementation;
new text end

new text begin (3) evaluate existing legal authority for strategies, practices, and methods to reduce the
availability of modifications to the electric motor of electric-assisted bicycles;
new text end

new text begin (4) make recommendations on changes to state law to improve electric-assisted bicycle
safety on roads, trails, and other areas where safe operation of electric-assisted bicycles is
needed; and
new text end

new text begin (5) propose educational and public awareness campaigns to educate the public about
electric-assisted bicycles, promote their safe operation, and raise awareness of their unique
characteristics when operating on roadways.
new text end

new text begin (c) In conducting the study with the Advisory Council on Traffic Safety and the active
transportation advisory committee, the commissioners must consult with interested
stakeholders, including but not limited to:
new text end

new text begin (1) active transportation and bicycling advocates;
new text end

new text begin (2) local elected officials;
new text end

new text begin (3) retailers and manufacturers of electric-assisted bicycles;
new text end

new text begin (4) the Department of Natural Resources;
new text end

new text begin (5) the Department of Commerce;
new text end

new text begin (6) E-12 educators with experience in active transportation safety training;
new text end

new text begin (7) medical professionals and emergency medical technicians;
new text end

new text begin (8) the State Patrol and local law enforcement; and
new text end

new text begin (9) consumer protection advocates.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin (a) By February 1, 2026, the commissioners must submit the study
conducted under this section to the chairs, ranking minority members, and staff of the
legislative committees having jurisdiction over transportation finance and policy.
new text end

new text begin (b) For purposes of this subdivision, "staff" means those employees who are identified
in any of the following roles for the legislative committees: committee administrator,
committee legislative assistant, caucus research, fiscal analysis, counsel, or nonpartisan
research.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. 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