This document includes Senate Committee Amendments incorporated into the bill on Wed, Jan 31, 2024 at 10:50 AM by lpoole.
Representative Jeffrey D. Stenquist proposes the following substitute bill:


1     
ELECTRIC BIKE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeffrey D. Stenquist

5     
Senate Sponsor: Ronald M. Winterton

6     

7     LONG TITLE
8     General Description:
9          This bill amends the definition of an electric assisted bicycle.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the definition of an electric assisted bicycle:
13               •     to add a requirement that the cranks be installed at the time of original
14     manufacture; and
15               •     to exclude certain other types of cycles from the definition;
16          ▸     requires a seller or manufacturer of an electric assisted motor bicycle, as well as
17     other devices that are similar to but do not meet the definition of an electric assisted
18     bicycle, to ensure that the device has a label indicating what type of device is being
19     sold or manufactured; 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 2023, Chapters 219, 532
28          41-6a-1115.5, as last amended by Laws of Utah 2022, Chapter 86
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 41-6a-102 is amended to read:
32          41-6a-102. Definitions.
33          As used in this chapter:
34          (1) "Alley" means a street or highway intended to provide access to the rear or side of
35     lots or buildings in urban districts and not intended for through vehicular traffic.
36          (2) "All-terrain type I vehicle" means the same as that term is defined in Section
37     41-22-2.
38          (3) "Authorized emergency vehicle" includes:
39          (a) fire department vehicles;
40          (b) police vehicles;
41          (c) ambulances; and
42          (d) other publicly or privately owned vehicles as designated by the commissioner of the
43     Department of Public Safety.
44          (4) "Autocycle" means the same as that term is defined in Section 53-3-102.
45          (5) (a) "Bicycle" means a wheeled vehicle:
46          (i) propelled by human power by feet or hands acting upon pedals or cranks;
47          (ii) with a seat or saddle designed for the use of the operator;
48          (iii) designed to be operated on the ground; and
49          (iv) whose wheels are not less than 14 inches in diameter.
50          (b) "Bicycle" includes an electric assisted bicycle.
51          (c) "Bicycle" does not include scooters and similar devices.
52          (6) (a) "Bus" means a motor vehicle:
53          (i) designed for carrying more than 15 passengers and used for the transportation of
54     persons; or
55          (ii) designed and used for the transportation of persons for compensation.
56          (b) "Bus" does not include a taxicab.
57          (7) (a) "Circular intersection" means an intersection that has an island, generally
58     circular in design, located in the center of the intersection where traffic passes to the right of
59     the island.
60          (b) "Circular intersection" includes:
61          (i) roundabouts;
62          (ii) rotaries; and
63          (iii) traffic circles.
64          (8) "Class 1 electric assisted bicycle" means an electric assisted bicycle [described in
65     Subsection (18)(d)(i).] equipped with a motor or electronics that:
66          (a) provides assistance only when the rider is pedaling; and
67          (b) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
68     hour.
69          (9) "Class 2 electric assisted bicycle" means an electric assisted bicycle [described in
70     Subsection (18)(d)(ii).] equipped with a motor or electronics that:
71          (a) may be used exclusively to propel the bicycle; and
72          (b) is not capable of providing assistance when the bicycle reaches the speed of 20
73     miles per hour.
74          (10) "Class 3 electric assisted bicycle" means an electric assisted bicycle [described in
75     Subsection (18)(d)(iii).] equipped with a motor or electronics that:
76          (a) provides assistance only when the rider is pedaling;
77          (b) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
78     hour; and
79          (c) is equipped with a speedometer.
80          (11) "Commissioner" means the commissioner of the Department of Public Safety.
81          (12) "Controlled-access highway" means a highway, street, or roadway:
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          (13) "Crosswalk" means:
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          (14) "Department" means the Department of Public Safety.
97          (15) "Direct supervision" means oversight at a distance within which:
98          (a) visual contact is maintained; and
99          (b) advice and assistance can be given and received.
100          (16) "Divided highway" means a highway divided into two or more roadways by:
101          (a) an unpaved intervening space;
102          (b) a physical barrier; or
103          (c) a clearly indicated dividing section constructed to impede vehicular traffic.
104          (17) "Echelon formation" means the operation of two or more snowplows arranged
105     side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to clear snow
106     from two or more lanes at once.
107          (18) (a) "Electric assisted bicycle" means a bicycle with an electric motor that:
108          [(a)] (i) has a power output of not more than 750 watts;
109          Ŝ→ [[(b)] (ii) has fully operable pedals on permanently affixed cranks[;] that were installed
110     at the time of original manufacture;]
110a          (ii) has fully operable pedals;
110b          (iii) has permanently affixed cranks that were installed at the time of original
110c     manufacture; ←Ŝ
111          [(c)] Ŝ→ [(iii)] (iv) ←Ŝ is fully operable as a bicycle without the use of the electric motor;
111a     and
112          [(d)] Ŝ→ [(iv)] (v) ←Ŝ is one of the following:
113          (A) a class 1 assisted bicycle;
114          (B) a class 2 assisted bicycle;
115          (C) a class 3 assisted bicycle; or
116          (D) a programmable electric assisted bicycle.
117          [(i) an electric assisted bicycle equipped with a motor or electronics that:]
118          [(A) provides assistance only when the rider is pedaling; and]
119          [(B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per
120     hour;]
121          [(ii) an electric assisted bicycle equipped with a motor or electronics that:]
122          [(A) may be used exclusively to propel the bicycle; and]
123          [(B) is not capable of providing assistance when the bicycle reaches the speed of 20
124     miles per hour; or]
125          [(iii) an electric assisted bicycle equipped with a motor or electronics that:]
126          [(A) provides assistance only when the rider is pedaling;]
127          [(B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per
128     hour; and]
129          [(C) is equipped with a speedometer.]
130          (b) "Electric assisted bicycle" does not include:
131          (i) a moped;
132          (ii) a motor assisted scooter;
133          (iii) a motorcycle;
134          (iv) a motor-driven cycle; or
135          (v) any other vehicle with less than four wheels that is designed, manufactured,
136     intended, or advertised by the seller to have any of the following capabilities or features, or that
137     is modifiable or is modified to have any of the following capabilities or features:
138          (A) has the ability to attain the speed of 20 miles per hour or greater on motor power
139     alone;
140          (B) is equipped with a continuous rated motor power of 750 watts or greater;
141          (C) is equipped with foot pegs for the operator at the time of manufacture, or requires
142     installation of a pedal kit to have operable pedals; or
143          (D) if equipped with multiple operating modes and a throttle, has one or more modes
144     that exceed 20 miles per hour on motor power alone.
145          (19) (a) "Electric personal assistive mobility device" means a self-balancing device
146     with:
147          (i) two nontandem wheels in contact with the ground;
148          (ii) a system capable of steering and stopping the unit under typical operating
149     conditions;
150          (iii) an electric propulsion system with average power of one horsepower or 750 watts;
151          (iv) a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
152          (v) a deck design for a person to stand while operating the device.
153          (b) "Electric personal assistive mobility device" does not include a wheelchair.
154          (20) "Explosives" means a chemical compound or mechanical mixture commonly used
155     or intended for the purpose of producing an explosion and that contains any oxidizing and
156     combustive units or other ingredients in proportions, quantities, or packing so that an ignition
157     by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture
158     may cause a sudden generation of highly heated gases, and the resultant gaseous pressures are
159     capable of producing destructive effects on contiguous objects or of causing death or serious
160     bodily injury.
161          (21) "Farm tractor" means a motor vehicle designed and used primarily as a farm
162     implement, for drawing plows, mowing machines, and other implements of husbandry.
163          (22) "Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less,
164     as determined by a Tagliabue or equivalent closed-cup test device.
165          (23) "Freeway" means a controlled-access highway that is part of the interstate system
166     as defined in Section 72-1-102.
167          (24) (a) "Golf cart" means a device that:
168          (i) is designed for transportation by players on a golf course;
169          (ii) has not less than three wheels in contact with the ground;
170          (iii) has an unladen weight of less than 1,800 pounds;
171          (iv) is designed to operate at low speeds; and
172          (v) is designed to carry not more than six persons including the driver.
173          (b) "Golf cart" does not include:
174          (i) a low-speed vehicle or an off-highway vehicle;
175          (ii) a motorized wheelchair;
176          (iii) an electric personal assistive mobility device;
177          (iv) an electric assisted bicycle;
178          (v) a motor assisted scooter;
179          (vi) a personal delivery device, as defined in Section 41-6a-1119; or
180          (vii) a mobile carrier, as defined in Section 41-6a-1120.
181          (25) "Gore area" means the area delineated by two solid white lines that is between a
182     continuing lane of a through roadway and a lane used to enter or exit the continuing lane
183     including similar areas between merging or splitting highways.
184          (26) "Gross weight" means the weight of a vehicle without a load plus the weight of
185     any load on the vehicle.
186          (27) "Hi-rail vehicle" means a roadway maintenance vehicle that is:
187          (a) manufactured to meet Federal Motor Vehicle Safety Standards; and
188          (b) equipped with retractable flanged wheels that allow the vehicle to travel on a
189     highway or railroad tracks.
190          (28) "Highway" means the entire width between property lines of every way or place of
191     any nature when any part of it is open to the use of the public as a matter of right for vehicular
192     travel.
193          (29) "Highway authority" means the same as that term is defined in Section 72-1-102.
194          (30) (a) "Intersection" means the area embraced within the prolongation or connection
195     of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two or
196     more highways that join one another.
197          (b) Where a highway includes two roadways 30 feet or more apart:
198          (i) every crossing of each roadway of the divided highway by an intersecting highway
199     is a separate intersection; and
200          (ii) if the intersecting highway also includes two roadways 30 feet or more apart, then
201     every crossing of two roadways of the highways is a separate intersection.
202          (c) "Intersection" does not include the junction of an alley with a street or highway.
203          (31) "Island" means an area between traffic lanes or at an intersection for control of
204     vehicle movements or for pedestrian refuge designated by:
205          (a) pavement markings, which may include an area designated by two solid yellow
206     lines surrounding the perimeter of the area;
207          (b) channelizing devices;
208          (c) curbs;
209          (d) pavement edges; or
210          (e) other devices.
211          (32) "Lane filtering" means, when operating a motorcycle other than an autocycle, the
212     act of overtaking and passing another vehicle that is stopped in the same direction of travel in
213     the same lane.
214          (33) "Law enforcement agency" means the same as that term is as defined in Section
215     53-1-102.
216          (34) "Limited access highway" means a highway:
217          (a) that is designated specifically for through traffic; and
218          (b) over, from, or to which neither owners nor occupants of abutting lands nor other
219     persons have any right or easement, or have only a limited right or easement of access, light,
220     air, or view.
221          (35) "Local highway authority" means the legislative, executive, or governing body of
222     a county, municipal, or other local board or body having authority to enact laws relating to
223     traffic under the constitution and laws of the state.
224          (36) (a) "Low-speed vehicle" means a four wheeled electric motor vehicle that:
225          (i) is designed to be operated at speeds of not more than 25 miles per hour; and
226          (ii) has a capacity of not more than six passengers, including a conventional driver or
227     fallback-ready user if on board the vehicle, as those terms are defined in Section 41-26-102.1.
228          (b) "Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
229          (37) "Metal tire" means a tire, the surface of which in contact with the highway is
230     wholly or partly of metal or other hard nonresilient material.
231          (38) (a) "Mini-motorcycle" means a motorcycle or motor-driven cycle that has a seat or
232     saddle that is less than 24 inches from the ground as measured on a level surface with properly
233     inflated tires.
234          (b) "Mini-motorcycle" does not include a moped or a motor assisted scooter.
235          (c) "Mini-motorcycle" does not include a motorcycle that is:
236          (i) designed for off-highway use; and
237          (ii) registered as an off-highway vehicle under Section 41-22-3.
238          (39) "Mobile home" means:
239          (a) a trailer or semitrailer that is:
240          (i) designed, constructed, and equipped as a dwelling place, living abode, or sleeping
241     place either permanently or temporarily; and
242          (ii) equipped for use as a conveyance on streets and highways; or
243          (b) a trailer or a semitrailer whose chassis and exterior shell is designed and
244     constructed for use as a mobile home, as defined in Subsection (39)(a), but that is instead used
245     permanently or temporarily for:
246          (i) the advertising, sale, display, or promotion of merchandise or services; or
247          (ii) any other commercial purpose except the transportation of property for hire or the
248     transportation of property for distribution by a private carrier.
249          (40) "Mobility disability" means the inability of a person to use one or more of the
250     person's extremities or difficulty with motor skills, that may include limitations with walking,
251     grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition.
252          (41) (a) "Moped" means a motor-driven cycle having:
253          (i) pedals to permit propulsion by human power; and
254          (ii) a motor that:
255          (A) produces not more than two brake horsepower; and
256          (B) is not capable of propelling the cycle at a speed in excess of 30 miles per hour on
257     level ground.
258          (b) If an internal combustion engine is used, the displacement may not exceed 50 cubic
259     centimeters and the moped shall have a power drive system that functions directly or
260     automatically without clutching or shifting by the operator after the drive system is engaged.
261          (c) "Moped" does not include:
262          (i) an electric assisted bicycle; or
263          (ii) a motor assisted scooter.
264          (42) (a) "Motor assisted scooter" means a self-propelled device with:
265          (i) at least two wheels in contact with the ground;
266          (ii) a braking system capable of stopping the unit under typical operating conditions;
267          (iii) an electric motor not exceeding 2,000 watts;
268          (iv) either:
269          (A) handlebars and a deck design for a person to stand while operating the device; or
270          (B) handlebars and a seat designed for a person to sit, straddle, or stand while operating
271     the device;
272          (v) a design for the ability to be propelled by human power alone; and
273          (vi) a maximum speed of 20 miles per hour on a paved level surface.
274          (b) "Motor assisted scooter" does not include:
275          (i) an electric assisted bicycle; or
276          (ii) a motor-driven cycle.
277          (43) (a) "Motor vehicle" means a vehicle that is self-propelled and a vehicle that is
278     propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
279          (b) "Motor vehicle" does not include:
280          (i) vehicles moved solely by human power;
281          (ii) motorized wheelchairs;
282          (iii) an electric personal assistive mobility device;
283          (iv) an electric assisted bicycle;
284          (v) a motor assisted scooter;
285          (vi) a personal delivery device, as defined in Section 41-6a-1119; or
286          (vii) a mobile carrier, as defined in Section 41-6a-1120.
287          (44) "Motorcycle" means:
288          (a) a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider
289     and designed to travel with not more than three wheels in contact with the ground; or
290          (b) an autocycle.
291          (45) (a) "Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle
292     having:
293          (i) an engine with less than 150 cubic centimeters displacement; or
294          (ii) a motor that produces not more than five horsepower.
295          (b) "Motor-driven cycle" does not include:
296          (i) an electric personal assistive mobility device;
297          (ii) a motor assisted scooter; or
298          (iii) an electric assisted bicycle.
299          (46) "Off-highway implement of husbandry" means the same as that term is defined
300     under Section 41-22-2.
301          (47) "Off-highway vehicle" means the same as that term is defined under Section
302     41-22-2.
303          (48) "Operate" means the same as that term is defined in Section 41-1a-102.
304          (49) "Operator" means:
305          (a) a human driver, as defined in Section 41-26-102.1, that operates a vehicle; or
306          (b) an automated driving system, as defined in Section 41-26-102.1, that operates a
307     vehicle.
308          (50) "Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or
309     other device operated, alone or coupled with another device, on stationary rails.
310          (51) (a) "Park" or "parking" means the standing of a vehicle, whether the vehicle is
311     occupied or not.
312          (b) "Park" or "parking" does not include:
313          (i) the standing of a vehicle temporarily for the purpose of and while actually engaged
314     in loading or unloading property or passengers; or
315          (ii) a motor vehicle with an engaged automated driving system that has achieved a
316     minimal risk condition, as those terms are defined in Section 41-26-102.1.
317          (52) "Peace officer" means a peace officer authorized under Title 53, Chapter 13, Peace
318     Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic
319     laws.
320          (53) "Pedestrian" means a person traveling:
321          (a) on foot; or
322          (b) in a wheelchair.
323          (54) "Pedestrian traffic-control signal" means a traffic-control signal used to regulate
324     pedestrians.
325          (55) "Person" means a natural person, firm, copartnership, association, corporation,
326     business trust, estate, trust, partnership, limited liability company, association, joint venture,
327     governmental agency, public corporation, or any other legal or commercial entity.
328          (56) "Pole trailer" means a vehicle without motive power:
329          (a) designed to be drawn by another vehicle and attached to the towing vehicle by
330     means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; and
331          (b) that is ordinarily used for transporting long or irregular shaped loads including
332     poles, pipes, or structural members generally capable of sustaining themselves as beams
333     between the supporting connections.
334          (57) "Private road or driveway" means every way or place in private ownership and
335     used for vehicular travel by the owner and those having express or implied permission from the
336     owner, but not by other persons.
337          (58) "Programmable electric assisted bicycle" means an electric assisted bicycle with
338     capability to switch or be programmed to function as a class 1 assisted bicycle, class 2 assisted
339     bicycle, or class 3 assisted bicycle, provided that the electric assisted bicycle fully conforms
340     with the respective requirements of each class of electric assisted bicycle when operated in that
341     mode.
342          [(58)] (59) "Railroad" means a carrier of persons or property upon cars operated on
343     stationary rails.
344          [(59)] (60) "Railroad sign or signal" means a sign, signal, or device erected by
345     authority of a public body or official or by a railroad and intended to give notice of the presence
346     of railroad tracks or the approach of a railroad train.
347          [(60)] (61) "Railroad train" means a locomotive propelled by any form of energy,
348     coupled with or operated without cars, and operated upon rails.
349          [(61)] (62) "Restored-modified vehicle" means the same as the term defined in Section
350     41-1a-102.
351          [(62)] (63) "Right-of-way" means the right of one vehicle or pedestrian to proceed in a
352     lawful manner in preference to another vehicle or pedestrian approaching under circumstances
353     of direction, speed, and proximity that give rise to danger of collision unless one grants
354     precedence to the other.
355          [(63)] (64) (a) "Roadway" means that portion of highway improved, designed, or
356     ordinarily used for vehicular travel.
357          (b) "Roadway" does not include the sidewalk, berm, or shoulder, even though any of
358     them are used by persons riding bicycles or other human-powered vehicles.
359          (c) "Roadway" refers to any roadway separately but not to all roadways collectively, if
360     a highway includes two or more separate roadways.
361          [(64)] (65) "Safety zone" means the area or space officially set apart within a roadway
362     for the exclusive use of pedestrians and that is protected, marked, or indicated by adequate
363     signs as to be plainly visible at all times while set apart as a safety zone.
364          [(65)] (66) (a) "School bus" means a motor vehicle that:
365          (i) complies with the color and identification requirements of the most recent edition of
366     "Minimum Standards for School Buses"; and
367          (ii) is used to transport school children to or from school or school activities.
368          (b) "School bus" does not include a vehicle operated by a common carrier in
369     transportation of school children to or from school or school activities.
370          [(66)] (67) (a) "Semitrailer" means a vehicle with or without motive power:
371          (i) designed for carrying persons or property and for being drawn by a motor vehicle;
372     and
373          (ii) constructed so that some part of its weight and that of its load rests on or is carried
374     by another vehicle.
375          (b) "Semitrailer" does not include a pole trailer.
376          [(67)] (68) "Shoulder area" means:
377          (a) that area of the hard-surfaced highway separated from the roadway by a pavement
378     edge line as established in the current approved "Manual on Uniform Traffic Control Devices";
379     or
380          (b) that portion of the road contiguous to the roadway for accommodation of stopped
381     vehicles, for emergency use, and for lateral support.
382          [(68)] (69) "Sidewalk" means that portion of a street between the curb lines, or the
383     lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
384          [(69)] (70) (a) "Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt
385     that is designated for the use of a bicycle.
386          (b) "Soft-surface trail" does not mean a trail:
387          (i) where the use of a motor vehicle or an electric assisted bicycle is prohibited by a
388     federal law, regulation, or rule; or
389          (ii) located in whole or in part on land granted to the state or a political subdivision
390     subject to a conservation easement that prohibits the use of a motorized vehicle.
391          [(70)] (71) "Solid rubber tire" means a tire of rubber or other resilient material that
392     does not depend on compressed air for the support of the load.
393          [(71)] (72) "Stand" or "standing" means the temporary halting of a vehicle, whether
394     occupied or not, for the purpose of and while actually engaged in receiving or discharging
395     passengers.
396          [(72)] (73) "Stop" when required means complete cessation from movement.
397          [(73)] (74) "Stop" or "stopping" when prohibited means any halting even momentarily
398     of a vehicle, whether occupied or not, except when:
399          (a) necessary to avoid conflict with other traffic; or
400          (b) in compliance with the directions of a peace officer or traffic-control device.
401          [(74)] (75) "Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain
402     type I vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet
403     the requirements of Section 41-6a-1509 to operate on highways in the state in accordance with
404     Section 41-6a-1509.
405          [(75)] (76) "Tow truck operator" means the same as that term is defined in Section
406     72-9-102.
407          [(76)] (77) "Tow truck motor carrier" means the same as that term is defined in Section
408     72-9-102.
409          [(77)] (78) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other
410     conveyances either singly or together while using any highway for the purpose of travel.
411          [(78)] (79) "Traffic signal preemption device" means an instrument or mechanism
412     designed, intended, or used to interfere with the operation or cycle of a traffic-control signal.
413          [(79)] (80) "Traffic-control device" means a sign, signal, marking, or device not
414     inconsistent with this chapter placed or erected by a highway authority for the purpose of
415     regulating, warning, or guiding traffic.
416          [(80)] (81) "Traffic-control signal" means a device, whether manually, electrically, or
417     mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
418          [(81)] (82) (a) "Trailer" means a vehicle with or without motive power designed for
419     carrying persons or property and for being drawn by a motor vehicle and constructed so that no
420     part of its weight rests upon the towing vehicle.
421          (b) "Trailer" does not include a pole trailer.
422          [(82)] (83) "Truck" means a motor vehicle designed, used, or maintained primarily for
423     the transportation of property.
424          [(83)] (84) "Truck tractor" means a motor vehicle:
425          (a) designed and used primarily for drawing other vehicles; and
426          (b) constructed to carry a part of the weight of the vehicle and load drawn by the truck
427     tractor.
428          [(84)] (85) "Two-way left turn lane" means a lane:
429          (a) provided for vehicle operators making left turns in either direction;
430          (b) that is not used for passing, overtaking, or through travel; and
431          (c) that has been indicated by a lane traffic-control device that may include lane
432     markings.
433          [(85)] (86) "Urban district" means the territory contiguous to and including any street,
434     in which structures devoted to business, industry, or dwelling houses are situated at intervals of
435     less than 100 feet, for a distance of a quarter of a mile or more.
436          [(86)] (87) "Vehicle" means a device in, on, or by which a person or property is or may
437     be transported or drawn on a highway, except a mobile carrier, as defined in Section
438     41-6a-1120, or a device used exclusively on stationary rails or tracks.
439          Section 2. Section 41-6a-1115.5 is amended to read:
440          41-6a-1115.5. Electric assisted bicycles -- Restrictions -- Penalties.
441          (1) Except as otherwise provided in this section, an electric assisted bicycle is subject
442     to the provisions under this chapter for a bicycle.
443          (2) An individual may operate an electric assisted bicycle on a path or trail designated
444     for the use of a bicycle.
445          (3) (a) A local authority or state agency may adopt an ordinance or rule to regulate or
446     restrict the use of an electric assisted bicycle, or a specific classification of an electric assisted
447     bicycle, on a sidewalk, path, or trail within the jurisdiction of the local authority or state
448     agency.
449          (b) When enacting ordinances or making rules related to the use of a pathway or
450     soft-surface trail, and during the planning or construction of a pathway or soft-surface trail, a
451     local authority or state agency shall consider accommodations and increased trail access by a
452     person with a mobility disability.
453          (4) An individual under 16 years old may not operate a class 3 electric assisted bicycle.
454          (5) An individual under 14 years old may not operate an electric assisted bicycle with
455     the electric motor engaged on any public property, highway, path, or sidewalk unless the
456     individual is under the direct supervision of the individual's parent or guardian.
457          (6) An individual under eight years old may not operate an electric assisted bicycle
458     with the electric motor engaged on any public property, highway, path, or sidewalk.
459          (7) The owner of an electric assisted bicycle may not authorize or knowingly permit an
460     individual to operate an electric assisted bicycle in violation of this section.
461          (8) (a) Beginning January 1, 2017, each Utah-based manufacturer of an electric assisted
462     bicycle and each distributor of an electric assisted bicycle in Utah shall permanently affix a
463     label in a prominent location on the electric assisted bicycle.
464          (b) Each manufacturer and each distributer shall ensure that the label is printed in Arial
465     font, in 9-point type or larger, and includes the:
466          (i) appropriate electric assisted bicycle classification number described in Section
467     41-6a-102;
468          (ii) top assisted speed; and
469          (iii) wattage of the motor.
470          (c) A Utah-based manufacturer or seller shall ensure that a programmable electric
471     assisted bicycle is equipped with a conspicuous label indicating the class or classes of electric
472     assisted bicycle of which the programmable electric assisted bicycle is capable of operating.
473          (d) Beginning May 1, 2024, a seller of any new or used vehicle with less than four
474     wheels that is powered by an electric motor that is not an electric assisted bicycle shall clearly
475     and conspicuously provide the following disclosure to a prospective purchaser at the time of
476     sale and in any advertising materials, online website, or social media post promoting the
477     vehicle: "THIS VEHICLE IS NOT AN "ELECTRIC ASSISTED BICYCLE" AS DEFINED
478     BY UTAH MOTOR VEHICLE CODE AND IS INSTEAD A TYPE OF MOTOR VEHICLE
479     AND SUBJECT TO APPLICABLE MOTOR VEHICLE LAWS IF USED ON PUBLIC
480     ROADS OR PUBLIC LANDS. YOUR INSURANCE POLICIES MAY NOT PROVIDE
481     COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS VEHICLE. TO
482     DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR
483     INSURANCE COMPANY OR AGENT."
484          (e) For a disclosure described in Subsection (8)(d), the seller shall ensure that the
485     disclosure appears in bold, capital letters at least the same font size as the description of the
486     vehicle.
487          (f) A person's actions to knowingly advertise, offer for sale, or sell a vehicle that is not
488     an electric assisted bicycle as an electric bicycle, electric assisted bicycle, electric bike, or
489     e-bike without making the disclosure described in Subsection (8)(d) constitutes prima facie
490     evidence of a deceptive trade practice under Section 13-11a-3.
491          (9) An individual who violates this section is guilty of an infraction.
492          (10) A class 2 electric assisted bicycle is subject to the restrictions of Section
493     41-6a-526.
494          Section 3. Effective date.
495          This bill takes effect on May 1, 2024.