Bill Details - HB148 (2019)

HB 148 - VERSION ADOPTED BY BOTH BODIES

 

27Feb2019... 0380h

11Apr2019... 1526-EBA

2019 SESSION

19-0083

11/06

 

HOUSE BILL 148

 

AN ACT relative to electric bicycles.

 

SPONSORS: Rep. Gould, Hills. 7; Rep. Beaulieu, Hills. 45; Rep. Hennessey, Graf. 1; Rep. B. Griffin, Hills. 6; Sen. Kahn, Dist 10

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill defines and regulates electric bicycles.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Feb2019... 0380h

11Apr2019... 1526-EBA 19-0083

11/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to electric bicycles.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Off Highway Recreational Vehicles and Trails; Definitions.  Amend RSA 215-A:1, VI to read as follows:

VI.  "Off highway recreational vehicle" means any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, tracks, or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle.  All legally registered motorized vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that, when said motor vehicle is being used for transportation purposes only, it shall be deemed that said motor vehicle is not being used for recreational purposes.  For purposes of this chapter "off highway recreational vehicle" shall be abbreviated as OHRV.  OHRVs shall include any pedaled vehicle equipped with a motor that is not included in the definition of electric bicycle and utility terrain vehicles [and], but shall not include snowmobiles as defined in RSA 215-C or electric bicycles as defined in RSA 259:27-a.

2  Words and Phrases Defined; Bicycle.  Amend RSA 259:6 to read as follows:

259:6  Bicycle.  "Bicycle" shall mean every pedalled vehicle propelled [solely] by human power upon which any person may ride, except child's tricycles and similar devices.  The term shall include "electric bicycle."

3  New Section; Electric Bicycle.  Amend RSA 259 by inserting after section 27 the following new section:

259:27-a  Electric Bicycle.  "Electric bicycle" shall mean a pedaled vehicle equipped with an electric motor of less than 750 watts that falls within one of the following 3 classes:

I.  "Class 1 electric bicycle" shall mean a pedaled vehicle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

II.  "Class 2 electric bicycle" shall mean a pedaled vehicle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

III.  "Class 3 electric bicycle" shall mean a pedaled vehicle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.  

4  Words and Phrases Defined; Moped.  Amend RSA 259:57 to read as follows:

259:57  Moped.  "Moped" shall mean a motor-driven cycle whose speed attainable in one mile is 30 miles per hour or less; if an internal combustion engine is used, the piston displacement shall not exceed 50 cubic centimeters and the power-drive system shall not require the operator to shift gears.  "Moped" shall not include an electric bicycle.

5  Words and Phrases Defined; Motor Vehicle.  Amend RSA 259:60, II-IV to read as follows:

II.  As used in RSA 261:148 relative to municipal permits for registration, includes all trailers and semi-trailers as defined herein and travel trailers as determined by the commissioner of revenue administration; however, snowmobiles as defined herein, mobile homes, house trailers, electric bicycles, and mopeds shall not be so included;

III.  For purposes of the financial responsibility statutes, any self-propelled vehicle not operated exclusively upon stationary tracks, except farm tractors, crawler-type tractors, electric bicycles, and mopeds;

IV.  For purposes of the road toll statutes, all vehicles, engines, machines, or mechanical contrivances, except electric bicycles and electric personal assistive mobility devices as defined in RSA 269:1, which are propelled on the public highways by internal combustion engines, electric motors, steam engines, or other alternate sources of energy except human or animal power.

6  Words and Phrases Defined; Motorcycle.  Amend RSA 259:63 to read as follows:

259:63  Motorcycle.  "Motorcycle" shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding electric bicycles, tractors, and mopeds.  The term shall also include 3-wheel scooters with enclosed cabs.

7  Words and Phrases Defined; Motor-Driven Cycle.  Amend RSA 259:65 to read as follows:

259:65  Motor-Driven Cycle.  "Motor-driven cycle" shall mean any motorcycle or motor scooter with a motor which produces not to exceed 5 horse-power, and any bicycle with motor attached except any [electrically powered] electric bicycle [that has a less than 750 watt motor, has functional pedals, and is capable of a maximum speed on level ground of less than 20 miles per hour].

8  Words and Phrases Defined; Off Highway Recreational Vehicle.  Amend RSA 259:69 to read as follows:

259:69  Off Highway Recreational Vehicle.  "Off highway recreational vehicle" shall mean any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, tracks, or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the driver sits in or on the vehicle.  All legally registered vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that when said vehicle is being used for transportation purposes only, it shall be deemed that said vehicle is not being used for recreational purposes.  Off highway recreational vehicle shall include any pedaled vehicle equipped with a motor that is not included in the definition of electric bicycle, but shall not include snowmobiles as defined in RSA 215-C:1 or electric bicycles as defined in RSA 259:27-a.

9  Words and Phrases Defined; Pocket Bike.  Amend RSA 259:77-a to read as follows:

259:77-a  Pocket Bike.  "Pocket bike" shall mean any 2- or 3-wheeled motorized device that has handlebars, is designed to be sat upon by the operator, is smaller in size than a conventional moped, motorcycle, or motor-driven cycle, and is powered by a gasoline or alcohol fueled motor with a piston displacement of less than 100 cubic centimeters.  "Pocket bike" includes, but is not limited to, motorized devices commonly known as "mini-cycles," "mini-choppers," and "pocket rockets," but does not include a moped as defined in RSA 259:57, a motorcycle as defined in RSA 259:63, a motor-driven cycle as defined in RSA 259:65, a neighborhood electric vehicle as defined in RSA 259:66-b, an electric bicycle, or an electric personal assistive mobility device as defined in RSA 269:1.

10  Words and Phrases Defined; Vehicle.  Amend RSA 259:122, III to read as follows:

III.  When used in the provisions of RSA 264, the same as paragraph I of this section, but not including bicycles, electric bicycles, and mopeds.

11  New Section; Rules of the Road; Electric Bicycles.  Amend RSA 265 by inserting after section 144 the following new section:

265:144-a  Electric Bicycles.

I.  Except as otherwise provided in this section, electric bicycles and operators of electric bicycles shall be afforded all the rights and privileges, and shall be subject to all of the duties, of a bicycle or the operator of a bicycle.  An electric bicycle is a vehicle to the same extent as a bicycle.

II.  An electric bicycle or a person operating an electric bicycle shall not be subject to the provisions of this title relating to financial responsibility, drivers' licenses, registration, certificates of title, off highway recreational vehicles, and license plates.  An electric bicycle is not a motor vehicle for these purposes.

III.  On and after January 1, 2020, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle.  The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in arial font in at least 9-point type.

IV.  No person shall tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless he or she appropriately replaces the label indicating the classification required pursuant to paragraph III.

V.  An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission in 16 C.F.R. section 1512.

VI.  An electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied.

VII.  An electric bicycle may be operated wherever a bicycle may be operated, subject to the following limitations:

(a)  A class 1 or class 2 electric bicycle may be ridden on bicycle paths or on multi-use paths where bicycles are permitted.  However, a city, town, or state agency having jurisdiction over a bicycle or multi-use path may prohibit the operation of a class 1 or class 2 electric bicycle on that path.

(b)  A class 3 electric bicycle shall not be ridden on a bicycle or multi-use path unless it is within or adjacent to a highway or roadway, or unless a city, town, or state agency having jurisdiction over the path permits the operation of class 3 electric bicycles on that path.

VIII.  The provisions of paragraph VII shall not apply to a trail designated as non-motorized if such trail has a natural surface tread made by clearing and grading the native soil with no added surfacing materials.  A city, town, or state agency with jurisdiction over such a trail may regulate the use of electric bicycles on such a trail.

IX.  No person less than 16 years of age may operate a class 3 electric bicycle.  A person less than 16 years of age may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.

X.  No person less than 18 years of age may ride or sit as a passenger on a class 3 electric bicycle unless he or she wears a properly-fitted and fastened bicycle helmet that meets standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials, or standards subsequently established by those entities.

XI.  All class 3 electric bicycles shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour.

12  Effective Date.  This act shall take effect 60 days after its passage.

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Transportation HJ 2 P. 39
Feb. 5, 2019 Public Hearing: 02/05/2019 10:00 am LOB 203
Feb. 12, 2019 Executive Session: 02/12/2019 02:00 pm LOB 203
Committee Report: Ought to Pass with Amendment # 2019-0380h (Vote 18-0; CC)
Feb. 27, 2019 Committee Report: Ought to Pass with Amendment # 2019-0380h for 02/27/2019 (Vote 18-0; CC) HC 13 P. 14
Feb. 27, 2019 Amendment # 2019-0380h: AA VV 02/27/2019 HJ 6 P. 23
Feb. 27, 2019 Ought to Pass with Amendment 2019-0380h: MA VV 02/27/2019 HJ 6 P. 23
March 14, 2019 Introduced 03/14/2019 and Referred to Transportation; SJ 9
March 26, 2019 Hearing: 03/26/2019, Room 103, LOB, 01:00 pm; SC 15
Committee Report: Ought to Pass; Vote 5-0; CC
April 11, 2019 Committee Report: Ought to Pass, 04/11/2019; Vote 5-0; CC SC 17
April 11, 2019 Ought to Pass: MA, VV; OT3rdg; 04/11/2019; SJ 12
April 18, 2019 Enrolled Bill Amendment # 2019-1526e Adopted, VV, (In recess of 04/18/2019); SJ 14
May 2, 2019 Enrolled (In recess 05/02/2019); SJ 16
May 2, 2019 Enrolled 05/02/2019

Action Dates

Date Body Type
Feb. 5, 2019 House Hearing
Feb. 12, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote
March 26, 2019 Senate Hearing
Senate Floor Vote
April 11, 2019 Senate Floor Vote

Bill Text Revisions

HB148 Revision: 4377 Date: Dec. 26, 2018, 4:11 p.m.
HB148 Revision: 5404 Date: Feb. 28, 2019, 2:51 p.m.
HB148 Revision: 5725 Date: April 19, 2019, 1:26 p.m.