HB 8: "An Act relating to electric-assisted bicycles."
00 HOUSE BILL NO. 8 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 for 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(a). 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, electric-assisted bicycles, or specific classes of electric-assisted bicycles, 14 enacted to meet local requirements; unless otherwise specified by regulation, 15 (A) an electric-assisted bicycle is considered a bicycle and 16 may not be regulated as another type of vehicle; and 17 (B) a user of an electric-assisted bicycle shall be afforded 18 the same rights and be subject to the same duties as a user of a bicycle; 19 (2) minimum equipment for vehicles, including minimum standards of 20 compliance to be met by manufacturers and vehicle sales and repairs businesses; 21 (3) inspection of vehicles other than commercial motor vehicles, and 22 the removal of vehicles from areas of public use when they are found to be in a 23 defective or unsafe condition; 24 (4) abandonment of vehicles; 25 (5) management of records of the Department of Public Safety 26 required for that department's administration of this title and its regulations adopted 27 under this title, including provisions for ensuring the accuracy of information 28 contained in automated and manual information retrieval systems; 29 (6) definitions of words and phrases used in this title and in regulations 30 adopted under this title unless otherwise provided by statute; 31 (7) certification and regulation of junk yards.
01 * Sec. 4. AS 28.10.011 is amended to read: 02 Sec. 28.10.011. Vehicles subject to registration. Every vehicle driven, 03 moved, or parked on [UPON] a highway or other public parking place in the state 04 shall be registered under this chapter except when the vehicle is 05 (1) driven or moved on a highway only for the purpose of crossing the 06 highway from one private property to another, including an implement of husbandry 07 as defined by regulation; 08 (2) driven or moved on a highway under a dealer's plate or temporary 09 permit as provided for in AS 28.10.031 and 28.10.181(j); 10 (3) special mobile equipment as defined by regulation; 11 (4) owned by the United States; 12 (5) moved by human or animal power; 13 (6) exempt under 50 U.S.C. App. 501-591 (Soldiers' and Sailors' Civil 14 Relief Act); 15 (7) driven or parked only on private property; 16 (8) the vehicle of a nonresident as provided under AS 28.10.121; 17 (9) transported under a special permit under AS 28.10.151; 18 (10) being driven or moved on a highway, vehicular way, or a public 19 parking place in the state that is not connected by a land highway or vehicular way to 20 (A) the land-connected state highway system; or 21 (B) a highway or vehicular way with an average daily traffic 22 volume greater than 499; 23 (11) an implement of husbandry operated in accordance with the 24 provisions of AS 19.10.065; 25 (12) an electric personal motor vehicle; 26 (13) an electric-assisted bicycle. 27 * Sec. 5. AS 28.90.990(a)(12) is amended to read: 28 (12) "electric personal motor vehicle" means an electric personal 29 assistive mobility device that is a self-balancing vehicle with two nontandem wheels, 30 designed to transport only one person, has an electric propulsion system, and has a 31 maximum speed of not more than 15 miles an hour; "electric personal motor
01 vehicle" does not include an electric-assisted bicycle; 02 * Sec. 6. AS 28.90.990(a)(18) is amended to read: 03 (18) "motor vehicle" means a vehicle that [WHICH] is self-propelled, 04 except for a vehicle moved by human or animal power; "motor vehicle" does not 05 include an electric-assisted bicycle; 06 * Sec. 7. AS 28.90.990(a)(19) is amended to read: 07 (19) "motorcycle" means a vehicle having a seat or saddle for the use 08 of the rider and designed to travel on not more than three wheels in contact with the 09 ground; "motorcycle" [THE TERM] does not include a tractor or an electric- 10 assisted bicycle; 11 * Sec. 8. AS 28.90.990(a)(20) is amended to read: 12 (20) "motor-driven cycle" means a motorcycle, motor scooter, 13 motorized bicycle, or similar conveyance with a motor attached and having an engine 14 with 50 or less cubic centimeters of displacement; "motor-driven cycle" does not 15 include an electric-assisted bicycle; 16 * Sec. 9. AS 28.90.990(a) is amended by adding new paragraphs to read: 17 (33) "bicycle" includes an electric-assisted bicycle; 18 (34) "class 1 electric-assisted bicycle" means a bicycle equipped with 19 an electric motor that provides assistance only when the rider is pedaling and that 20 stops providing assistance when the bicycle reaches the speed of 20 miles per hour; 21 (35) "class 2 electric-assisted bicycle" means a bicycle equipped with 22 an electric motor that may be used exclusively to propel the bicycle and that stops 23 providing assistance when the bicycle reaches the speed of 20 miles per hour; 24 (36) "class 3 electric-assisted bicycle" means a bicycle equipped with 25 an electric motor that provides assistance only when the rider is pedaling and that 26 stops providing assistance when the bicycle reaches the speed of 28 miles per hour; 27 (37) "electric-assisted bicycle" means a bicycle that 28 (A) is designed to travel with not more than three wheels in 29 contact with the ground; 30 (B) has fully operative pedals for human propulsion; 31 (C) has a seat or saddle for use of the rider;
01 (D) is equipped with an electric motor that has a power output 02 of not more than 750 watts; and 03 (E) is a class 1, class 2, or class 3 electric-assisted bicycle. 04 * Sec. 10. AS 41.23 is amended by adding a new section to article 1 to read: 05 Sec. 41.23.300. Definitions. In AS 41.23.010 - 41.23.300, 06 (1) "bicycling" includes the operation of an electric-assisted bicycle; 07 (2) "electric-assisted bicycle" has the meaning given in 08 AS 28.90.990(a).