Section 1 of the bill defines 3 classes of electrical assisted bicycle, depending on their top speed and whether the electric motor assists in propulsion only while the rider is pedaling or propels the bicycle independently.
Sections 2 and 3 make technical and conforming amendments.
Section 4 requires manufacturers to label electrical assisted bicycles as class 1, class 2, or class 3, as appropriate, and prohibits a person from modifying an electrical assisted bicycle without also relabeling it to accurately reflect its classification. Section 4 also requires all electrical assisted bicycles to comply with federal consumer product safety commission (CPSC) requirements and specified classes of electrical assisted bicycles to be equipped with appropriate braking systems and speedometers.
Section 5 :
- Gives local governments the authority to allow or prohibit the use of specified classes of electrical assisted bicycles on pedestrian paths and bike paths;
- Prohibits a person under the age of 16 from riding a class 3 electrical assisted bicycle except as a passenger;
- For class 3 electrical assisted bicycles, requires all riders under 18 to wear a helmet certified by the CPSC or the American Society for Testing Materials; and
- Specifies that noncompliance with the helmet law does not constitute negligence or negligence per se in a lawsuit seeking damages.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)