Legislature(2019 - 2020)BARNES 124
04/16/2019 01:00 PM House TRANSPORTATION
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| Audio | Topic |
|---|---|
| Start | |
| HJR12 | |
| HB23 | |
| HB123 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 12 | TELECONFERENCED | |
| += | HB 23 | TELECONFERENCED | |
| *+ | HB 123 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 123-ELECTRIC-ASSISTED BICYCLES
1:32:23 PM
CO-CHAIR STUTES announced that the final order of business would
be HOUSE BILL NO. 123, "An Act relating to electric-assisted
bicycles."
1:32:40 PM
CO-CHAIR WOOL, as prime sponsor, presented HB 123. He read the
sponsor statement, which read as follows [original punctuation
provided]:
The purpose of HB 123 is to clearly define electric-
assisted bicycle in statute. Currently, the state of
Alaska does not have any laws pertaining to electric-
assisted bicycles, nor related references to operating
licenses, safety requirements, local traffic laws, or
related definitions. An electric-assisted bicycle does
not fit into existing definitions of any other type of
vehicle. A new definition in statute is needed to
address electric-assisted bicycles to remove confusion
for electric-assisted bicycle owners and retailers.
On the municipal level, the Municipality of Anchorage
defined low-speed electric bicycles in 2016. On the
state level, thirty-three states in some manner define
electric bicycles. Adding this definition will
regulate electric-assisted bicycles as a bicycle
clarifying that Alaskans do not need a driver's
license or wear a helmet to operate an electric-
assisted bicycle; they are not subject to
registration, licensing, or insurance requirements
that apply to motor vehicles; and they may be operated
where regulations currently allow for bicycles to be
operated.
Please join me in supporting House Bill 123 to bring
our statutes up to date to reflect technological
advances related to electric-assisted bicycles.
CO-CHAIR WOOL explained that a constituent with a revoked
driver's license was pulled over and told he could not ride his
electric bicycle, and that was the impetus for HB 123.
1:34:40 PM
ANNE RITTGERS, Staff, Representative Adam Wool, Alaska State
Legislature, on behalf of Representative Wool, prime sponsor,
offered a PowerPoint presentation on HB 123. As shown on slide
1, she noted that electric-assisted bicycles are not currently
defined in statute; the objective of HB 123 is to regulate
electric-assisted bicycles as bicycles; update statute to
reflect technological advances; and bring clarity to consumers
and retailers on electric-assisted bicycle laws. She drew
attention to slide 2, and pointed out that the definition of
electric-assisted bicycle therein could also be found in Section
8 of the proposed legislation. The definition shows on slide 2,
as follows [original punctuation provided]:
A bicycle that is:
? Designed to travel with not more than three wheels
in contact with the ground
? Has fully operative pedals for human propulsion
? Is equipped with an electric motor that:
? has a power output of not more than 750 watts
(1 hp)
? provides assistance only when the rider is
pedaling
? ceases to provide assistance to the rider when
the bicycle reaches a speed of 28 miles per hour
MS. RITTGERS turned to slide 3, which shows states highlighted
in green or yellow as having varying levels of electric-assisted
bicycle definitions/classifications. Slide 4 shows an image of
an electric-assisted bicycle, which has a battery pack, motor,
and pedals. She said some electric-assisted bicycles look like
regular bicycles, because the battery and motor are encased in
the bicycle frame, as shown on slide 5. Ms. Rittgers pointed to
some differences in mopeds and scooters, such as their variation
in engine size and that they do not have fully operational
pedals or pedal assist, as seen on slide 6.
1:37:26 PM
REPRESENTATIVE RASMUSSEN asked whether there is anything in
current statute about [using an electric-assisted bicycle] while
under the influence of alcohol.
MS. RITTGERS answered that currently there is no driving under
the influence (DUI) in statute for those riding bicycles;
therefore, because the intent of HB 123 is to regulate electric-
assisted bicycles as bicycles, a rider of an electric-assisted
bicycle could not get a DUI. She said there is only a small
class of electric-assisted bicycles that go up to 28 miles per
hour (mph); the majority travel at speeds less than 20 mph.
1:38:31 PM
CO-CHAIR WOOL acknowledged Representative Rasmussen's concern.
He said a person riding a bicycle under the influence can be
cited, but he/she will not get a DUI, because it is not a motor
vehicle. He specified that although a bicyclist can get up to
higher speeds going downhill, the assist function of an
electric-assisted bicycle cuts off at 28 mph.
1:39:19 PM
CO-CHAIR STUTES directed attention to the map on slide 3, and
noted that those states highlighted in yellow are reflected as
having a "3-tier classification system." She asked what that
means.
MS. RITTGERS answered that Class 1 is an electric-assisted
bicycle that can travel at speeds up to 20 mph; Class 2 also
goes up to 20 mph, but with an option of pedal assist or
throttle; and Class 3 goes up to 28 mph.
1:40:23 PM
REPRESENTATIVE STORY, considering the speed of up to 28 mph,
asked whether other states have helmet laws that apply to
operators of electric-assisted bicycles.
1:40:54 PM
CO-CHAIR WOOL answered that there are states that regulate
bicycles that have an option of not pedaling; some states
include helmet laws. He said he didn't want to go into helmet
laws and age requirements in HB 123. In response to a follow-up
question, he said it is not that he does not think it is a
safety issue, but rather that he just wanted to treat [electric-
assisted bicycles] like regular bicycles, which he pointed out
can go faster than 28 mph. He opined that people should wear a
helmet on a regular bicycle; however, he reiterated that that is
not a requirement under Alaska state law. He pointed out that
Alaska does not even have a helmet law for people operating
motorcycles. He said he has ridden an electric-assisted
bicycle, and he shared how his brother retrofitted his sister-
in-law's bicycle and how that helped her on hills.
1:44:17 PM
REPRESENTATIVE RASMUSSEN stated that she believes it would be
beneficial to discuss the requirement of wearing a helmet. She
said her mother has an electric bicycle and fell off it perhaps
the first three or four times she rode it, because it "jumps"
sometimes when it goes into assist mode.
1:45:19 PM
CO-CHAIR WOOL concurred. He emphasized the need for bicycle
riders to wear helmets. He said he requires his children to
wear helmets. He pointed out that there is a big learning curve
to riding a Segway, but there is no helmet law on them. He
questioned whether people would want the state or government to
dictate [helmet requirements]. He reiterated his previous
statements about leaving the electric-assisted bicycles in
alignment with laws about bicycle riding. He also repeated that
he is "happy to have the discussion."
1:46:28 PM
REPRESENTATIVE DRUMMOND noted that the Bicycle Helmet Safety
Institute website lists Anchorage, Bethel, Juneau, Kenai, and
Sitka as communities that have had laws in place since the mid-
2000s requiring children under 16 or 18, depending on the
community, to wear helmets when they ride bicycles; therefore,
"communities are taking care of their young people as they so
choose." She indicated her own house rule is that children will
wear helmets [when riding bicycles].
1:47:06 PM
REPRESENTATIVE STORY inquired as to when a discussion of helmet
requirements has taken place in Alaska.
1:47:20 PM
MS. RITTGERS answered that the only requirements she found were
related to helmets required for passengers on motorcycles, those
younger than 18 operating a motorcycle, those operating a
motorcycle with an instruction permit, and those taking a
motorcycle road test.
1:48:02 PM
CO-CHAIR WOOL stated that some municipalities can and do have
laws regarding electric-assisted bicycles. For example, some
cities allow them to be ridden on bicycle trails, while other do
not allow it. He indicated that HB 123 spells out that local
municipalities can [adopt stricter regulations] regarding
electric-assisted bicycles.
1:48:49 PM
MS. RITTGERS, in response to Representative Story, advised that
that language is in Section 3 of the bill.
1:49:17 PM
REPRESENTATIVE TALERICO shared his appreciation for HB 123. He
said he does not think [electric-assisted bicycles] are a trend,
thus the state should see steady growth in their use. He
characterized the sponsor's bill as timely.
1:49:35 PM
CO-CHAIR STUTES echoed Representative Talerico's appreciation
for HB 123 and said she thinks people will be surprised by the
number of electric-assisted bicycles that will be seen on the
road.
[HB 123 was held over.]