Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 269-H.F.No. 532 
           An act relating to public safety; motorized bicycles; 
          establishing standards for the safe operation of 
          motorized bicycles; appropriating money; amending 
          Minnesota Statutes 1986, sections 65B.001, by adding a 
          subdivision; 65B.43, subdivision 13; 168.011, 
          subdivision 27; 169.01, subdivision 4a; 169.223; 
          171.01, subdivision 20; and 171.02, subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 65B.001, is 
amended by adding a subdivision to read: 
    Subd. 5.  [MOTORCYCLE.] "Motorcycle" means a self-propelled 
vehicle designed to travel on fewer than four wheels that has an 
engine rated at greater than five horsepower, and includes a 
trailer with one or more wheels, when the trailer is connected 
to or being towed by a motorcycle.  For purposes of this 
chapter, motorcycle includes a motorized bicycle as defined in 
section 169.01, subdivision 4a.  
    Sec. 2.  Minnesota Statutes 1986, section 65B.43, 
subdivision 13, is amended to read: 
    Subd. 13.  "Motorcycle" means a self-propelled vehicle 
designed to travel on fewer than four wheels which has an engine 
rated at greater than five horsepower, and includes (1) a 
trailer with one or more wheels, when the trailer is connected 
to or being towed by a motorcycle; and (2) a motorized bicycle 
as defined in section 169.01, subdivision 4a.  
    Sec. 3.  Minnesota Statutes 1986, section 168.011, 
subdivision 27, is amended to read: 
    Subd. 27.  [MOTORIZED BICYCLE.] "Motorized bicycle" means a 
bicycle with fully operatable pedals which may be that is 
propelled by human power or a motor, or by both, with a motor of 
a piston displacement capacity of less than 50 cubic centimeters 
piston or less displacement, 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. 
    Sec. 4.  Minnesota Statutes 1986, section 169.01, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [MOTORIZED BICYCLE.] "Motorized bicycle" means a 
bicycle with fully operatable pedals which may be that is 
propelled by human power or a motor, or by both, with a motor of 
a piston displacement capacity of less than 50 cubic centimeters 
piston or less displacement, 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. 
    Sec. 5.  Minnesota Statutes 1986, section 169.223, is 
amended to read: 
    169.223 [MOTORIZED BICYCLES.] 
    Subdivision 1.  Except as otherwise provided in this 
section the provisions of, section 169.222 169.974 relating to 
the operation of bicycles on roadways are motorcycles is 
applicable to the operation and the parking of motorized 
bicycles, except that the provisions of section 169.222 
governing the parking of bicycles apply to motorized bicycles. 
    Subd. 2.  Motorized bicycles shall not be operated on any 
bicycle way or bicycle lane, as those terms are defined in 
section 160.263.  A motorized bicycle may be operated under 
either a driver's license or a motorized bicycle permit issued 
under section 171.02, subdivision 3.  A person under the age of 
16 operating a motorized bicycle under a motorized bicycle 
permit is subject to the restrictions imposed by section 
169.974, subdivision 2, on operation of a motorcycle under a 
two-wheel instruction permit. 
    Subd. 3.  No person shall operate a motorized bicycle upon 
a sidewalk at any time, except when such operation is necessary 
for the most direct access to a roadway from a driveway, alley 
or building.  No person shall operate a motorized bicycle that 
is carrying any person other than the operator. 
    Subd. 4.  Every motorized bicycle shall be subject to the 
same requirements as to lighting and brake equipment as apply to 
motorcycles, except that The provisions of section 169.974, 
subdivision 5, clause (i), shall not apply to motorized bicycles 
that are equipped with headlights.  After June 1, 1987, a new 
motorized bicycle sold or offered for sale in Minnesota must be 
equipped with a headlight. 
    Subd. 5.  When operated within a statutory or home rule 
charter city, a motorized bicycle is entitled to the full use of 
a traffic lane.  No motor vehicle shall be driven or operated in 
a way that deprives a motorized bicycle of the full use of a 
traffic lane.  When operated on a highway that is not within a 
statutory or home rule charter city, a motorized bicycle shall 
be operated on the paved portion of the shoulder, or, if the 
shoulder is not paved, as near as is practicable to the 
right-hand side of the roadway.  This section does not permit 
the operation of a motorized bicycle on a bikeway or other lane 
that is reserved for the exclusive use of nonmotorized traffic. 
    Sec. 6.  Minnesota Statutes 1986, section 171.01, 
subdivision 20, is amended to read: 
    Subd. 20.  [MOTORIZED BICYCLE.] "Motorized bicycle" means a 
bicycle with fully operatable pedals which may be that is 
propelled by human power or a motor, or by both, with a motor of 
a piston displacement capacity of less than 50 cubic centimeters 
piston or less displacement, 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. 
    Sec. 7.  Minnesota Statutes 1986, section 171.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [MOTORIZED BICYCLES.] No motorized bicycle shall 
be operated on any public roadway by any person who does not 
possess a valid drivers driver's license, unless the person has 
obtained a motorized bicycle operator's permit or motorized 
bicycle instruction permit from the commissioner of public 
safety.  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.  The instruction 
permit may be issued 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.  
    This course must consist of, but is not limited to, a basic 
understanding of: 
    (1) motorized bicycles and their limitations; 
    (2) motorized bicycle laws and rules; 
    (3) safe operating practices and basic operating techniques;
    (4) helmets and protective clothing; 
    (5) motorized bicycle traffic strategies; and 
    (6) effects of alcohol and drugs on motorized bicycle 
operators. 
    The commissioner may promulgate rules prescribing the 
content of the safety course, examination, and the information 
to be contained on the permits.  A person operating a motorized 
bicycle under a motorized bicycle permit is subject to the 
restrictions imposed by section 169.974, subdivision 2, on 
operation of a motorcycle under a two-wheel instruction permit. 
    The fees for motorized bicycle operator's permits are as 
follows: 
      (a) Examination and operator's permit,
          valid for one year                     $4  $6
      (b) Duplicate                              $2  $3
      (c) Renewal permit before age 19
          and valid until age 19                 $6  $9
      (d) Renewal permit after age 19
          and valid for four years              $10 $15
      (e) Duplicate of any renewal permit        $3 $4.50
      (f) Written examination and
          instruction permit, valid for
          30 days                                $4  $6
    Sec. 8.  [APPROPRIATION.] 
    The sum of $20,000 is appropriated from the trunk highway 
fund to the commissioner of public safety to provide approved 
motorized bicycle safety courses to be available until June 30, 
1989. 
    Sec.  9.  [EFFECTIVE DATE.] 
    Sections 1 to 8 are effective June 1, 1987. 
    Approved May 28, 1987