Revision: Nov. 3, 2023, 11:35 a.m.
2024 SESSION
24-2503.0
11/08
HOUSE BILL [bill number]
AN ACT relative to personal electric vehicles (PEVs).
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill defines and regulates personal electric vehicles.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2503.0
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to personal electric vehicles (PEVs).
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Personal Electric Vehicles. Amend RSA 259 by inserting after section 259:57 the following new section:
259:57-a "Personal Electric Vehicle" shall mean a motor-driven vehicle or hybrid self-powered and electric-motor driven vehicle used for recreation or transport, and not otherwise defined in Chapter 259 or Chapter 215, where the motor exceeds 1.0 horsepower, even if it is equipped with pedals, but not to include electric bicycles. This class of vehicles shall include, but not be limited to, electric unicycles, electric scooters, electric skateboards, electric overboard, Gopeds, Segways, Onewheels, and electric skates. For purposes of this chapter "personal electric vehicle" shall be abbreviated as PEV.
2 Motor-Driven Cycle; Moped. Amend RSA 259:65 to read as follows:
259:65 Motor-Driven Cycle. "Motor-driven cycle" shall mean any motorcycle, moped, or motor scooter with a motor which produces not to exceed 5 horse-power, and any bicycle with motor attached except any electric bicycle.
3 New Section; Education; Personal Electric Vehicles. Amend RSA 263 by inserting after section 263:19 the following new section:
263:19-a Driver Education; Personal Electric Vehicles. Any person over 16 years of age or older who does not hold a driver's license and who operates a PEV shall, prior to operation, complete an online PEV safety course developed by the department of motor vehicles. Such course shall, at a minimum, educate operators of about safe operation and regulation of PEVs. An operator who completes the course shall receive a certificate of completion, which the PEV operator shall have in their possession in original, digital or digital image form, and shall produce upon request of a peace officer. The department of motor vehicles may charge a fee for the course, with proceeds inuring to the department of motor vehicles.
4 New Section; Personal Electric Vehicles. Amend RSA 261 by inserting after section 261:182 the following new section:
261:183 Personal Electric Vehicle Registration. The department of motor vehicles shall adopt rules regarding registration of PEVs. PEVs shall display a registration plate or decal that is plainly visible. A person who operates a PEV without a driver's license or certificate required in 263:19-A shall be guilty of a violation and shall be fined $50. Any peace officer in their jurisdiction may enforce this paragraph.
5 New Paragraph; Speed Limit and Protection; PEVs. Amend RSA 265:60 by inserting after paragraph IV the following new paragraph:
IV-a.(a) No person shall operate a PEV over 5 miles per hour, which for the purposes of this paragraph is deemed a prima facie reasonable and prudent speed for PEV travel, on any of the following:
(1) Public sidewalks;
(2) Public rail trails;
(3) Public pedestrian walkways and walking trails;
(4) Public hiking trails;
(5) Public bicycle trails.
(b) On public ways or public places besides those in (1)-(5), the speed limit shall based on speed limits in this section. No person younger than 16 years of age may operate a PEV on any public property unless he or she wears protective headgear of a type approved by the commissioner of health and human services. Any PEV operator shall wear at least one item of reflective outerwear apparel, such as a reflective vest, jacket, or helmet strip, during the period from 1/2 hour after sunset to 1/2 hour before sunrise.
(c) The department of motor vehicles and the fish and game department shall post the PEV speed limit in a manner the departments deem appropriate.
(d) Operation of a PEV over the speed limit is a violation and shall be punishable by a fine commensurate with any motor vehicle traveling above the speed limit.
6 New Subparagraph; Personal Electric Vehicles Exempt. Amend RSA 261:3 by inserting after subparagraph 261:3, I(l) the following new subparagraph:
(m) Personal Electric Vehicles,
7 Out-of-Class Electric Vehicle. Amend RSA 259:27-a to read as follows:
259:27-a Electric Bicycle.
I. "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.] (a) "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.] (b) "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.] (c) "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.
II. Any motor-driven cycle exceeding the capabilities of a Class 3 electric bicycle, and exceeding 1 HP shall be classified as an out-of-class electric vehicle (OCEV).
8 Electric Mopeds. Amend RSA 259:57 to read as follows:
259:57 Moped.
I. "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.
II. "Electric moped" shall mean an electric-powered motor-driven cycle exceeding the limits of a class 3 electric bike that meets the definition in paragraph I. An electric moped shall be regulated according to all laws regulating mopeds.
9 Electric Mopeds Excluded. 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 electric or other mopeds. The term shall also include 3-wheel scooters with enclosed cabs. An "electric motorcycle" is a motorcycle powered by an electric motor, and shall be regulated according to all laws regarding motorcycles.
10 Effective Date. This act shall take effect January 1, 2025.