An Act Regarding Electric Bicycles
Sec. 1. 29-A MRSA §101, sub-§22-B is enacted to read:
An electric bicycle is considered a motor vehicle only to the extent required by 23 United States Code, Section 154 and for the purposes of section 2112-A.
Sec. 2. 29-A MRSA §101, sub-§36, as repealed and replaced by PL 2005, c. 577, §1, is amended to read:
"Moped" does not include an electric personal assistive mobility device or an electric bicycle.
Sec. 3. 29-A MRSA §101, sub-§41, as amended by PL 2001, c. 687, §6, is further amended to read:
"Motorized bicycle or tricycle" does not include an electric personal assistive mobility device or an electric bicycle.
Sec. 4. 29-A MRSA §101, sub-§41-B, as amended by PL 2005, c. 577, §4, is further amended to read:
Sec. 5. 29-A MRSA §101, sub-§42, ¶C, as amended by PL 2001, c. 687, §9, is further amended to read:
Sec. 6. 29-A MRSA §2063, sub-§1, as amended by PL 2007, c. 400, §2, is further amended to read:
Sec. 7. 29-A MRSA §2063, sub-§14 is enacted to read:
A person may not tamper with or modify an electric bicycle in a manner that allows the motor to provide assistance above the speed of:
(1) Twenty miles per hour if the electric bicycle is being propelled exclusively by the motor; or
(2) Twenty-eight miles per hour if the motor is providing assistance only when the rider is pedaling.
If the motor on an electric bicycle is modified so that a limit established in subparagraph (1) or (2) is exceeded, that vehicle is no longer an electric bicycle.
(1) A Class 1 electric bicycle or a Class 2 electric bicycle may be used in places where bicycles are permitted to travel, including, but not limited to, bicycle paths, except that a municipality, local authority or governing body of a public agency that has jurisdiction over a bicycle path may prohibit the operation of a Class 1 electric bicycle or Class 2 electric bicycle on that bicycle path.
(2) A Class 3 electric bicycle may not be operated on a bicycle path unless it is within a highway or roadway or the municipality, local authority or governing body of a public agency that has jurisdiction over the bicycle path permits that operation.
(3) Notwithstanding subparagraphs (1) and (2), an electric bicycle may not be operated on a bicycle path designated for nonmotorized traffic if significant portions of that bicycle path have a natural surface, including gravel, stones or wooden bridging, unless specifically authorized by the municipality, local authority or governing body of a public agency that has jurisdiction over the bicycle path.
(1) A person under 16 years of age may not operate a Class 3 electric bicycle.
(2) A person under 16 years of age may be a passenger on a Class 3 electric bicycle only if it is designed to accommodate passengers.
(3) A person under 16 years of age who is an operator or passenger on an electric bicycle shall wear a properly fitted and fastened bicycle helmet, as defined in section 2322, subsection 2.
SUMMARY
This bill defines and regulates the use of electric bicycles, which are bicycles with a motor and which fall into one of 3 classes, depending on the top speed attainable and whether the operator needs to pedal while the motor is propelling the electric bicycle. The bill provides that an operator of an electric bicycle has generally the same rights and obligations as the operator of a bicycle, except that the use of an electric bicycle on bicycle paths and bikeways may be restricted by the entity having jurisdiction over the bicycle path or bikeway. An electric bicycle is considered a vehicle for purposes of the State's so-called open container law and, as with bicycles, any person under 16 years of age who is operating or riding as a passenger on an electric bicycle must wear a helmet.