HB 123: "An Act relating to electric-assisted bicycles."

00 HOUSE BILL NO. 123 01 "An Act relating to electric-assisted bicycles." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 19.10.399(9) is amended to read: 04 (9) "motor vehicle" means a vehicle that is self-propelled except a 05 vehicle moved by human or animal power; "motor vehicle" does not include an 06 electric-assisted bicycle as defined in AS 28.90.990(a); 07 * Sec. 2. AS 19.10.399(16) is amended to read: 08 (16) "vehicular way or area" means a way, path, or area, other than a 09 highway or private property, that is designated by official traffic control devices or 10 customary usage and that is open to the public for purposes of pedestrian or vehicular 11 travel, and which way or area may be restricted in use to pedestrians, bicycles, or other 12 specific types of vehicles as determined by the Department of Public Safety or other 13 agency having jurisdiction over the way, path, or area; in this paragraph, "bicycle" 14 has the meaning given in AS 28.90.990. 15 * Sec. 3. AS 28.05.011(a) is amended to read:

01 (a) The commissioner of public safety shall, unless otherwise provided by 02 statute, adopt regulations in compliance with AS 44.62 (Administrative Procedure 03 Act) necessary to carry out the provisions of this title and other statutes whose 04 administration is vested in the Department of Public Safety. The regulations must 05 include 06 (1) rules of the road relating to the driving, stopping, standing, parking, 07 and other conduct of vehicles, to pedestrians, and to official traffic control devices; 08 regulations adopted under this paragraph may not prohibit the use of an electric 09 personal motor vehicle or an electric-assisted bicycle on a sidewalk, bike path, or 10 vehicular way or area restricted to the use of pedestrians; limitations on regulation of 11 electric personal motor vehicles or electric-assisted bicycles imposed under this 12 paragraph do not apply to a municipal ordinance regulating electric personal motor 13 vehicles or electric-assisted bicycles enacted to meet local requirements; 14 (2) minimum equipment for vehicles, including minimum standards of 15 compliance to be met by manufacturers and vehicle sales and repairs businesses; 16 (3) inspection of vehicles other than commercial motor vehicles, and 17 the removal of vehicles from areas of public use when they are found to be in a 18 defective or unsafe condition; 19 (4) abandonment of vehicles; 20 (5) management of records of the Department of Public Safety 21 required for that department's administration of this title and its regulations adopted 22 under this title, including provisions for ensuring the accuracy of information 23 contained in automated and manual information retrieval systems; 24 (6) definitions of words and phrases used in this title and in regulations 25 adopted under this title unless otherwise provided by statute; 26 (7) certification and regulation of junk yards. 27 * Sec. 4. AS 28.10.011 is amended to read: 28 Sec. 28.10.011. Vehicles subject to registration. Every vehicle driven, 29 moved, or parked upon a highway or other public parking place in the state shall be 30 registered under this chapter except when the vehicle is 31 (1) driven or moved on a highway only for the purpose of crossing the

01 highway from one private property to another, including an implement of husbandry 02 as defined by regulation; 03 (2) driven or moved on a highway under a dealer's plate or temporary 04 permit as provided for in AS 28.10.031 and 28.10.181(j); 05 (3) special mobile equipment as defined by regulation; 06 (4) owned by the United States; 07 (5) moved by human or animal power; 08 (6) exempt under 50 U.S.C. App. 501-591 (Soldiers' and Sailors' Civil 09 Relief Act); 10 (7) driven or parked only on private property; 11 (8) the vehicle of a nonresident as provided under AS 28.10.121; 12 (9) transported under a special permit under AS 28.10.151; 13 (10) being driven or moved on a highway, vehicular way, or a public 14 parking place in the state that is not connected by a land highway or vehicular way to 15 (A) the land-connected state highway system; or 16 (B) a highway or vehicular way with an average daily traffic 17 volume greater than 499; 18 (11) an implement of husbandry operated in accordance with the 19 provisions of AS 19.10.065; 20 (12) an electric personal motor vehicle; 21 (13) an electric-assisted bicycle. 22 * Sec. 5. AS 28.90.990(a)(12) is amended to read: 23 (12) "electric personal motor vehicle" means an electric personal 24 assistive mobility device that is a self-balancing vehicle with two nontandem wheels, 25 designed to transport only one person, has an electric propulsion system, and has a 26 maximum speed of not more than 15 miles an hour; "electric personal motor 27 vehicle" does not include an electric-assisted bicycle; 28 * Sec. 6. AS 28.90.990(a)(18) is amended to read: 29 (18) "motor vehicle" means a vehicle that [WHICH] is self-propelled, 30 except for a vehicle moved by human or animal power; "motor vehicle" does not 31 include an electric-assisted bicycle;

01 * Sec. 7. AS 28.90.990(a)(20) is amended to read: 02 (20) "motor-driven cycle" means a motorcycle, motor scooter, 03 motorized bicycle, or similar conveyance with a motor attached and having an engine 04 with 50 or less cubic centimeters of displacement; "motor-driven cycle" does not 05 include an electric-assisted bicycle; 06 * Sec. 8. AS 28.90.990(a) is amended by adding new paragraphs to read: 07 (33) "bicycle" includes an electric-assisted bicycle; 08 (34) "electric-assisted bicycle" means a bicycle that 09 (A) is designed to travel with not more than three wheels in 10 contact with the ground; 11 (B) has fully operative pedals for human propulsion; and 12 (C) is equipped with an electric motor that 13 (i) has a power output of not more than 750 watts; 14 (ii) provides assistance only when the rider is pedaling; 15 and 16 (iii) ceases to provide assistance to the rider when the 17 bicycle reaches a speed of 28 miles per hour. 18 * Sec. 9. AS 41.23 is amended by adding a new section to article 1 to read: 19 Sec. 41.23.300. Definition. In AS 41.23.010 - 41.23.300, "bicycle" has the 20 meaning given in AS 28.90.990.