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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the use of an electric assisted bicycle or similar
10 device by an individual with a mobility disability.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ allows an individual with a mobility disability to operate an electric assisted bicycle
15 or an adaptive electric assisted bicycle on a trail open to the use of a bicycle;
16 ▸ prohibits a local authority, political subdivision, or state agency from adopting an
17 ordinance or rule to restrict an individual with a mobility disability from using an
18 electric assisted bicycle or an adaptive electric assisted bicycle on a sidewalk, path,
19 or trail; and
20 ▸ makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 41-6a-102, as last amended by Laws of Utah 2020, Chapters 84 and 354
28 41-6a-1115.5, as last amended by Laws of Utah 2018, Chapter 175
29 63I-1-241, as last amended by Laws of Utah 2020, Chapters 84 and 154
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 41-6a-102 is amended to read:
33 41-6a-102. Definitions.
34 As used in this chapter:
35 (1) "Adaptive electric assisted bicycle" means a device similar to an electric assisted
36 bicycle and that:
37 (a) is designed for use by a person with a disability;
38 (b) weighs less than 100 pounds;
39 (c) has an electric motor to provide assistance to the rider;
40 (d) may have pedals;
41 (e) may have a throttle; and
42 (f) has a maximum assisted speed of 20 miles per hour.
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44 side of lots or buildings in urban districts and not intended for through vehicular traffic.
45 [
46 41-22-2.
47 [
48 (a) fire department vehicles;
49 (b) police vehicles;
50 (c) ambulances; and
51 (d) other publicly or privately owned vehicles as designated by the commissioner of the
52 Department of Public Safety.
53 [
54 [
55 (i) propelled by human power by feet or hands acting upon pedals or cranks;
56 (ii) with a seat or saddle designed for the use of the operator;
57 (iii) designed to be operated on the ground; and
58 (iv) whose wheels are not less than 14 inches in diameter.
59 (b) "Bicycle" includes an electric assisted bicycle.
60 (c) "Bicycle" does not include scooters and similar devices.
61 [
62 (i) designed for carrying more than 15 passengers and used for the transportation of
63 persons; or
64 (ii) designed and used for the transportation of persons for compensation.
65 (b) "Bus" does not include a taxicab.
66 [
67 circular in design, located in the center of the intersection where traffic passes to the right of
68 the island.
69 (b) "Circular intersection" includes:
70 (i) roundabouts;
71 (ii) rotaries; and
72 (iii) traffic circles.
73 [
74 in Subsection [
75 [
76 described in Subsection [
77 [
78 described in Subsection [
79 [
80 Safety.
81 [
82 (a) designed primarily for through traffic; and
83 (b) to or from which owners or occupants of abutting lands and other persons have no
84 legal right of access, except at points as determined by the highway authority having
85 jurisdiction over the highway, street, or roadway.
86 [
87 (a) that part of a roadway at an intersection included within the connections of the
88 lateral lines of the sidewalks on opposite sides of the highway measured from:
89 (i) (A) the curbs; or
90 (B) in the absence of curbs, from the edges of the traversable roadway; and
91 (ii) in the absence of a sidewalk on one side of the roadway, that part of a roadway
92 included within the extension of the lateral lines of the existing sidewalk at right angles to the
93 centerline; or
94 (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
95 pedestrian crossing by lines or other markings on the surface.
96 [
97 [
98 (a) visual contact is maintained; and
99 (b) advice and assistance can be given and received.
100 [
101 by:
102 (a) an unpaved intervening space;
103 (b) a physical barrier; or
104 (c) a clearly indicated dividing section constructed to impede vehicular traffic.
105 [
106 (a) has a power output of not more than 750 watts;
107 (b) has fully operable pedals on permanently affixed cranks;
108 (c) is fully operable as a bicycle without the use of the electric motor; and
109 (d) is one of the following:
110 (i) an electric assisted bicycle equipped with a motor or electronics that:
111 (A) provides assistance only when the rider is pedaling; and
112 (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
113 hour;
114 (ii) an electric assisted bicycle equipped with a motor or electronics that:
115 (A) may be used exclusively to propel the bicycle; and
116 (B) is not capable of providing assistance when the bicycle reaches the speed of 20
117 miles per hour; or
118 (iii) an electric assisted bicycle equipped with a motor or electronics that:
119 (A) provides assistance only when the rider is pedaling;
120 (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
121 hour; and
122 (C) is equipped with a speedometer.
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124 device with:
125 (i) two nontandem wheels in contact with the ground;
126 (ii) a system capable of steering and stopping the unit under typical operating
127 conditions;
128 (iii) an electric propulsion system with average power of one horsepower or 750 watts;
129 (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
130 (v) a deck design for a person to stand while operating the device.
131 (b) "Electric personal assistive mobility device" does not include a wheelchair.
132 [
133 commonly used or intended for the purpose of producing an explosion and that contains any
134 oxidizing and combustive units or other ingredients in proportions, quantities, or packing so
135 that an ignition by fire, friction, concussion, percussion, or detonator of any part of the
136 compound or mixture may cause a sudden generation of highly heated gases, and the resultant
137 gaseous pressures are capable of producing destructive effects on contiguous objects or of
138 causing death or serious bodily injury.
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140 implement, for drawing plows, mowing machines, and other implements of husbandry.
141 [
142 less, as determined by a [
143 [
144 system as defined in Section 72-1-102.
145 [
146 (i) is designed for transportation by players on a golf course;
147 (ii) has not less than three wheels in contact with the ground;
148 (iii) has an unladen weight of less than 1,800 pounds;
149 (iv) is designed to operate at low speeds; and
150 (v) is designed to carry not more than six persons including the driver.
151 (b) "Golf cart" does not include:
152 (i) a low-speed vehicle or an off-highway vehicle;
153 (ii) a motorized wheelchair;
154 (iii) an electric personal assistive mobility device;
155 (iv) an electric assisted bicycle;
156 (v) a motor assisted scooter;
157 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
158 (vii) a mobile carrier, as defined in Section 41-6a-1120.
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160 between a continuing lane of a through roadway and a lane used to enter or exit the continuing
161 lane including similar areas between merging or splitting highways.
162 [
163 weight of any load on the vehicle.
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165 place of any nature when any part of it is open to the use of the public as a matter of right for
166 vehicular travel.
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168 72-1-102.
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170 connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways
171 of two or more highways that join one another.
172 (b) Where a highway includes two roadways 30 feet or more apart:
173 (i) every crossing of each roadway of the divided highway by an intersecting highway
174 is a separate intersection; and
175 (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
176 every crossing of two roadways of the highways is a separate intersection.
177 (c) "Intersection" does not include the junction of an alley with a street or highway.
178 [
179 of vehicle movements or for pedestrian refuge designated by:
180 (a) pavement markings, which may include an area designated by two solid yellow
181 lines surrounding the perimeter of the area;
182 (b) channelizing devices;
183 (c) curbs;
184 (d) pavement edges; or
185 (e) other devices.
186 [
187 autocycle, the act of overtaking and passing another vehicle that is stopped in the same
188 direction of travel in the same lane.
189 [
190 Section 53-1-102.
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192 (a) that is designated specifically for through traffic; and
193 (b) over, from, or to which neither owners nor occupants of abutting lands nor other
194 persons have any right or easement, or have only a limited right or easement of access, light,
195 air, or view.
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197 body of a county, municipal, or other local board or body having authority to enact laws
198 relating to traffic under the constitution and laws of the state.
199 [
200 (i) is designed to be operated at speeds of not more than 25 miles per hour; and
201 (ii) has a capacity of not more than six passengers, including a conventional driver or
202 fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
203 (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
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205 is wholly or partly of metal or other hard nonresilient material.
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207 seat or saddle that is less than 24 inches from the ground as measured on a level surface with
208 properly inflated tires.
209 (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
210 (c) "Mini-motorcycle" does not include a motorcycle that is:
211 (i) designed for off-highway use; and
212 (ii) registered as an off-highway vehicle under Section 41-22-3.
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214 (a) a trailer or semitrailer that is:
215 (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
216 place either permanently or temporarily; and
217 (ii) equipped for use as a conveyance on streets and highways; or
218 (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
219 constructed for use as a mobile home, as defined in Subsection [
220 instead used permanently or temporarily for:
221 (i) the advertising, sale, display, or promotion of merchandise or services; or
222 (ii) any other commercial purpose except the transportation of property for hire or the
223 transportation of property for distribution by a private carrier.
224 (39) "Mobility disability" means an impairment or medical condition that limits an
225 individual's ability to walk, ambulate, or maneuver around objects, or to ascend or descend
226 steps or slopes.
227 [
228 (i) pedals to permit propulsion by human power; and
229 (ii) a motor that:
230 (A) produces not more than two brake horsepower; and
231 (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
232 level ground.
233 (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
234 centimeters and the moped shall have a power drive system that functions directly or
235 automatically without clutching or shifting by the operator after the drive system is engaged.
236 (c) "Moped" does not include:
237 (i) an electric assisted bicycle; or
238 (ii) a motor assisted scooter.
239 [
240 (i) at least two wheels in contact with the ground;
241 (ii) a braking system capable of stopping the unit under typical operating conditions;
242 (iii) an electric motor not exceeding 2,000 watts;
243 (iv) either:
244 (A) handlebars and a deck design for a person to stand while operating the device; or
245 (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
246 the device;
247 (v) a design for the ability to be propelled by human power alone; and
248 (vi) a maximum speed of 20 miles per hour on a paved level surface.
249 (b) "Motor assisted scooter" does not include:
250 (i) an electric assisted bicycle; or
251 (ii) a motor-driven cycle.
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253 is propelled by electric power obtained from overhead trolley wires, but not operated upon
254 rails.
255 (b) "Motor vehicle" does not include:
256 (i) vehicles moved solely by human power;
257 (ii) motorized wheelchairs;
258 (iii) an electric personal assistive mobility device;
259 (iv) an electric assisted bicycle;
260 (v) a motor assisted scooter;
261 (vi) a personal delivery device, as defined in Section 41-6a-1119; or
262 (vii) a mobile carrier, as defined in Section 41-6a-1120.
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264 (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
265 and designed to travel with not more than three wheels in contact with the ground; or
266 (b) an autocycle.
267 [
268 bicycle having:
269 (i) an engine with less than 150 cubic centimeters displacement; or
270 (ii) a motor that produces not more than five horsepower.
271 (b) "Motor-driven cycle" does not include:
272 (i) an electric personal assistive mobility device;
273 (ii) a motor assisted scooter; or
274 (iii) an electric assisted bicycle.
275 [
276 defined under Section 41-22-2.
277 [
278 41-22-2.
279 [
280 [
281 (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
282 (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
283 vehicle.
284 [
285 is occupied or not.
286 (b) "Park" or "parking" does not include:
287 (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
288 in loading or unloading property or passengers; or
289 (ii) a motor vehicle with an engaged automated driving system that has achieved a
290 minimal risk condition, as those terms are defined in Section 41-26-102.1.
291 [
292 Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of
293 traffic laws.
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295 (a) on foot; or
296 (b) in a wheelchair.
297 [
298 regulate pedestrians.
299 [
300 corporation, business trust, estate, trust, partnership, limited liability company, association,
301 joint venture, governmental agency, public corporation, or any other legal or commercial entity.
302 [
303 (a) designed to be drawn by another vehicle and attached to the towing vehicle by
304 means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
305 (b) that is ordinarily used for transporting long or irregular shaped loads including
306 poles, pipes, or structural members generally capable of sustaining themselves as beams
307 between the supporting connections.
308 [
309 and used for vehicular travel by the owner and those having express or implied permission
310 from the owner, but not by other persons.
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312 stationary rails.
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314 authority of a public body or official or by a railroad and intended to give notice of the presence
315 of railroad tracks or the approach of a railroad train.
316 [
317 coupled with or operated without cars, and operated upon rails.
318 [
319 lawful manner in preference to another vehicle or pedestrian approaching under circumstances
320 of direction, speed, and proximity that give rise to danger of collision unless one grants
321 precedence to the other.
322 [
323 ordinarily used for vehicular travel.
324 (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
325 them are used by persons riding bicycles or other human-powered vehicles.
326 (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
327 a highway includes two or more separate roadways.
328 [
329 for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
330 signs as to be plainly visible at all times while set apart as a safety zone.
331 [
332 (i) complies with the color and identification requirements of the most recent edition of
333 "Minimum Standards for School Buses"; and
334 (ii) is used to transport school children to or from school or school activities.
335 (b) "School bus" does not include a vehicle operated by a common carrier in
336 transportation of school children to or from school or school activities.
337 [
338 (i) designed for carrying persons or property and for being drawn by a motor vehicle;
339 and
340 (ii) constructed so that some part of its weight and that of its load rests on or is carried
341 by another vehicle.
342 (b) "Semitrailer" does not include a pole trailer.
343 [
344 (a) that area of the hard-surfaced highway separated from the roadway by a pavement
345 edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
346 or
347 (b) that portion of the road contiguous to the roadway for accommodation of stopped
348 vehicles, for emergency use, and for lateral support.
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350 lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
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352 does not depend on compressed air for the support of the load.
353 [
354 occupied or not, for the purpose of and while actually engaged in receiving or discharging
355 passengers.
356 [
357 [
358 of a vehicle, whether occupied or not, except when:
359 (a) necessary to avoid conflict with other traffic; or
360 (b) in compliance with the directions of a peace officer or traffic-control device.
361 [
362 type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
363 the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
364 Section 41-6a-1509.
365 [
366 conveyances either singly or together while using any highway for the purpose of travel.
367 [
368 designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
369 [
370 inconsistent with this chapter placed or erected by a highway authority for the purpose of
371 regulating, warning, or guiding traffic.
372 [
373 mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
374 [
375 carrying persons or property and for being drawn by a motor vehicle and constructed so that no
376 part of its weight rests upon the towing vehicle.
377 (b) "Trailer" does not include a pole trailer.
378 [
379 the transportation of property.
380 [
381 (a) designed and used primarily for drawing other vehicles; and
382 (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
383 tractor.
384 [
385 (a) provided for vehicle operators making left turns in either direction;
386 (b) that is not used for passing, overtaking, or through travel; and
387 (c) that has been indicated by a lane traffic-control device that may include lane
388 markings.
389 [
390 in which structures devoted to business, industry, or dwelling houses are situated at intervals of
391 less than 100 feet, for a distance of a quarter of a mile or more.
392 [
393 be transported or drawn on a highway, except a mobile carrier, as defined in Section
394 41-6a-1120, or a device used exclusively on stationary rails or tracks.
395 Section 2. Section 41-6a-1115.5 is amended to read:
396 41-6a-1115.5. Electric assisted bicycles -- Restrictions -- Penalties.
397 (1) Except as otherwise provided in this section, an electric assisted bicycle is subject
398 to the provisions under this chapter for a bicycle.
399 (2) (a) An individual may operate an electric assisted bicycle on a path or trail
400 designated for the use of a bicycle.
401 (b) (i) An individual with a mobility disability may operate an electric assisted bicycle
402 or an adaptive electric assisted bicycle on a path or trail designated for the use of a bicycle.
403 (ii) An individual with a mobility disability that wishes to operate an adaptive electric
404 assisted bicycle as described in Subsection (2)(b)(i) may provide evidence that the adaptive
405 electric assisted bicycle is necessary to assist the individual with a mobility disability by:
406 (A) presenting a government-issued disability parking placard; or
407 (B) a verbal or written statement that the individual has a mobility disability that is not
408 contradicted by observable fact.
409 (3) (a) [
410 may adopt an ordinance or rule to regulate or restrict the use of an electric assisted bicycle, or a
411 specific classification of an electric assisted bicycle, on a sidewalk, path, or trail within the
412 jurisdiction of the local authority or state agency.
413 (b) A local authority, political subdivision, or state agency may not adopt an ordinance
414 or rule to regulate or restrict an individual with a mobility disability from using an electric
415 assisted bicycle or an adaptive electric assisted bicycle on a sidewalk, path, or trail within the
416 jurisdiction of the local authority or state agency.
417 (4) An individual under 16 years [
418 bicycle.
419 (5) An individual under 14 years [
420 bicycle with the electric motor engaged on any public property, highway, path, or sidewalk
421 unless the individual is under the direct supervision of the individual's parent or guardian.
422 (6) An individual under eight years [
423 bicycle with the electric motor engaged on any public property, highway, path, or sidewalk.
424 (7) The owner of an electric assisted bicycle may not authorize or knowingly permit an
425 individual to operate an electric assisted bicycle in violation of this section.
426 (8) (a) Beginning January 1, 2017, each Utah-based manufacturer of an electric assisted
427 bicycle and each distributor of an electric assisted bicycle in Utah shall permanently affix a
428 label in a prominent location on the electric assisted bicycle.
429 (b) Each manufacturer and each distributer shall ensure that the label is printed in Arial
430 font, in 9-point type or larger, and includes the:
431 (i) appropriate electric assisted bicycle classification number described in Section
432 41-6a-102;
433 (ii) top assisted speed; and
434 (iii) wattage of the motor.
435 (9) An individual who violates this section is guilty of an infraction.
436 (10) A class 2 electric assisted bicycle is subject to the restrictions of Section
437 41-6a-526.
438 Section 3. Section 63I-1-241 is amended to read:
439 63I-1-241. Repeal dates, Title 41.
440 (1) Subsection 41-1a-1201(9), related to the Spinal Cord and Brain Injury
441 Rehabilitation Fund, is repealed January 1, 2025.
442 (2) Section 41-3-106, which creates an advisory board related to motor vehicle
443 business regulation, is repealed July 1, 2024.
444 (3) The following subsections addressing lane filtering are repealed on July 1, 2022:
445 (a) [
446 (b) Subsection 41-6a-704(5); and
447 (c) Subsection 41-6a-710(1)(c).
448 (4) Subsection 41-6a-1406(6)(b)(iii), related to the Spinal Cord and Brain Injury
449 Rehabilitation Fund, is repealed January 1, 2025.
450 (5) Subsections 41-22-2(1) and 41-22-10(1)(a), which create the Off-highway Vehicle
451 Advisory Council, are repealed July 1, 2027.
452 (6) Subsection 41-22-8(3), related to the Spinal Cord and Brain Injury Rehabilitation
453 Fund, is repealed January 1, 2025.