Bills › 89th General Assembly
Relating to low-speed electric bicycles, providing penalties, making penalties applicable, and including applicability provisions
Topics:Transportation
Where it is now
- Done: IntroducedJanuary 19, 2021
- Done: SubcommitteeJanuary 20, 2021
- Done: Senate committeeMarch 31, 2021
- Done: Passes the SenateApril 13, 202146–0
- Skipped: House committeeSkipped
- Done: Passes the HouseFebruary 23, 202191–1
- Done: To the GovernorMay 19, 2021
- Done: Signed into lawMay 20, 2021
HF 493 became law → The same legislation passed as HF 493, so this version was set aside. Go to HF 493 What’s a funnel?
What’s in it
Under current law, the definition of “bicycle” includes a device with fully operable pedals and an electric motor of less than 750 watts with a maximum speed of less than miles per hour when powered solely by the electric motor. This bill strikes that provision and includes low-speed electric bicycles within the definition of “bicycle”. The bill also expands the definition of “bicycle” to include devices with three wheels. The bill defines the term “low-speed electric bicycle”, including three defined classes.
Read the full explanation
1, thereby making the provisions of Code chapter 321 (motor vehicles and law of the road) relating to vehicles, motor vehicles, automobiles, cars, motorcycles, and motorized bicycles inapplicable to low-speed electric bicycles.1. Under the bill, a person operating a low-speed electric bicycle on a highway is subject to the provisions of Code chapter 321 applicable to a rider of a bicycle on a highway and has all the rights and duties under Code chapter 321 applicable to a rider of a bicycle.234, a person riding a bicycle on a highway is subject to the provisions of Code chapter 321 and has all the rights and duties applicable to a driver of a vehicle, except those provisions which by their nature can have no application.234 prohibits a person from using a bicycle on a highway to carry more persons at one time than the number of persons for which the bicycle is designed and equipped. riding a bicycle on a highway, including the roadway or the shoulder adjacent to the roadway, and prohibits a person from knowingly projecting any object or substance at or against a person riding a bicycle on a highway.397 requires bicycles to at certain times be equipped with a lamp on the front exhibiting a white light and a lamp on the rear exhibiting a red light, except that a red reflector may be used in lieu of a rear light.434 prohibits a bicycle from being equipped with, and a person from using upon a bicycle, any siren or whistle.236(10). The bill provides that except for provisions of the Code made specifically applicable to low-speed electric bicycles in the bill, low-speed electric bicycles are not subject to the provisions of the Code applicable to vehicles, including provisions relating to licensure, registration, titling, inspection, proof of financial liability coverage, and possession of a driver’s license or permit. The bill provides that a person may operate a low-speed electric bicycle any place where a bicycle is allowed to operate, including but not limited to streets, highways, roadways, shoulders, bicycle lanes, bikeways, and bicycle or multi-use paths. Beginning January 1, 2022, the bill requires manufacturers and distributors of low-speed electric bicycles to apply a label to each low-speed electric bicycle identifying the class of the bicycle, the bicycle’s top assisted speed, and the bicycle’s motor wattage. The bill further prohibits a person from modifying the speed capability or engagement of a low-speed electric bicycle such that the low-speed electric bicycle does not qualify for a class as provided for in the bill. label containing the required information as provided for in the bill to the modified low-speed electric bicycle. 1512 and be manufactured to operate in such a manner that when the rider stops pedaling, applies the brakes, or the electric motor is disengaged, the electric motor assist ceases to function. The bill provides that a class low-speed electric bicycle shall not be operated unless it is equipped with a speedometer that displays its speed in miles per hour. The bill also prohibits persons under the age of from operating a class low-speed electric bicycle. However, such persons may ride as a passenger on a class low-speed electric bicycle. A violation of the bill is punishable by a scheduled fine of $25.1 related to the establishment of recreational bikeways.
Changed since by amendment S-3112; see Amendments.
Senate subcommittee
Named January 20, 2021. On January 27, 2021 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill defines three classes of low-speed electric bicycles and sets rules for where they can be operated and how they must be labeled. The bill creates two new violations that carry a $25 fine, but the total increase in fine and surcharge revenue for the state and counties cannot be estimated. The Road Use Tax Fund is expected to see a minimal reduction in revenue because some bicycles may no longer require licenses or registration.2
Read the fiscal note
Description
House File 493 defines “low-speed electric bicycle” and establishes three different classes of low-speed electric bicycles and where those bicycles may operate. The criteria for each class of low-speed electric bicycle is as follows:
- Class 1: Low-speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases when the bicycle speed reaches 20 miles per hour or more.
- Class 2: Low-speed electric bicycle equipped with a motor that may be used to exclusively propel the bicycle and that is not capable of providing assistance when the bicycle speed reaches 20 miles per hour or more.
- Class 3: Low-speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases when the bicycle speed reaches 28 miles per hour or more.
The Bill excludes low-speed electric bicycles from the definition of “vehicle” and thereby excludes them from license and permit requirements.
The Bill requires that manufacturers or distributors of these bicycles permanently affix a label to low-speed electric bicycles manufactured or distributed after January 1, 2022, stating the class number of the bicycle, the top assisted speed, and the motor wattage. The Bill limits the ability to modify a low-speed electric bicycle in a way that would disqualify it from the definition stated in the Bill, and if modification would move a bicycle from one classification of low-speed electric bicycle to another, the bicycle must be labeled as the new classification. The Bill also provides certain manufacturing requirements and prohibits a person aged 16 or younger from operating a Class 3 low-speed electric bicycle. In addition, the Bill requires low-speed electric bicycles to follow the posted speed limits of bicycle lanes and multiuse paths, or to not exceed 20 miles per hour if no speed limit is posted.
House File 493 creates two new scheduled violations within Iowa Code section 805.8A(9A), both of which have a fine of $25.
Background
A low-speed electric bicycle is defined in United States Code as a two or three-wheeled bicycle with both fully operable pedals and an electric motor of less than 750 watts. This definition was adopted at the federal level in 2002. Twenty-six states have a three-tiered electric bicycle classification system, while New Jersey and West Virginia have a two-tiered classification system. The 26 states that have a three-tiered classification system use very similar definitions to those included in HF 493. These states also require a label to be affixed to the bicycle stating the classification number, top assisted speed, and wattage.
Assumptions
A violation under this Bill will result in a scheduled fine of $25. The fine revenue will be distributed under Iowa Code section 602.8016(4)(b).
Correctional Impact
House File 493 establishes two new scheduled violations within Iowa Code section 805.8A(9A). The punishments for scheduled violations under this Bill do not include the possibility of imprisonment, and as a result, this Bill is not estimated to have a correctional impact. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for information related to the correctional system.
Minority Impact
House File 493 establishes two new scheduled violations, but it is unknown how many citations may occur. As a result, the minority impact of HF 493 cannot be estimated. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 27, 2021, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 493 establishes two new citations within Iowa Code section 805.8A(9A). The new citations established by HF 493 may result in an increase in fine and surcharge revenue, but the impact is unknown. Table 1 shows the distribution of fine revenue for one citation of each scheduled violation established under this Bill.
Table 1 — Fine and Surcharge Revenue Distribution Under HF 493 A small percentage of the new Class 3 bicycles may have previously qualified as a motorized bicycle and therefore been subject to license or registration requirements. The Road Use Tax Fund will experience a reduction in revenue due to this change, but the reduction is expected to be minimal.Code
Section
Scheduled
Fine
15.0%
Crime
Services
Surcharge
91.0% to State
General
Fund/EMS* Fund 9.0% to
County
32.0% to Victim Comp.
Fund
20.0% to
Criminalistics
Lab Fund
2.0% to DARE**
Fund
46.0% to
Juvenile Home
Detention Fund
Court
Costs
805.8A(9A)(a) $25 $3.75 $22.75 $2.25 $1.20 $0.75 $0.08 $1.73 $55.00 805.8A(9A)(b) $25 $3.75 $22.75 $2.25 $1.20 $0.75 $0.08 $1.73 $55.00 *Emergency Medical Services Fund (EMS) ** Drug Abuse Resistance Education (DARE) Fine Distribution 15.0% Crime Services Surcharge Distribution
Sources
- Legislative Services Agency
- National Conference of State Legislatures
- Final Fiscal Note — Electric Bicycles · June 24, 2021
- Electric Bicycles · February 18, 2021
Iowa Code it changes
Creates§321.235B
Lobbying
3 for · 0 against · 19 undecided · Who →
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89th General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- SF 2205 Relating to low-speed electric bicycles, providing penalties, making penalties applicable,…88th General Assembly · Renumbered as SF 2354 · same titleCleared committee
- SF 2354 Relating to low-speed electric bicycles, providing penalties, making penalties applicable,…88th General Assembly · Approved by committee · same titleCleared committee
- HF 2409 Relating to low-speed electric bicycles, providing penalties, making penalties applicable,…88th General Assembly · Subcommittee recommends passage · nearly identicalCleared committee
Matched by wording or an identical title.