ARG:jld:rs
2007 - 2008 LEGISLATURE
May 8, 2007 - Introduced by Representatives Lothian, Sherman, Hahn, Gronemus,
A. Williams, Townsend
and Cullen, cosponsored by Senators A. Lasee and
Risser. Referred to Committee on Transportation.
AB319,1,3 1An Act to renumber 340.01 (29m); to renumber and amend 340.01 (30); and
2to create 340.01 (29m) (bm) and 340.01 (30) (b) of the statutes; relating to: the
3definitions of motor bicycle and moped.
Analysis by the Legislative Reference Bureau
Under current law, a "moped" is defined to include a bicycle-type vehicle, which
has fully operative pedals and an engine that is an integral part of the vehicle, that
is capable of a speed of not more than 30 miles per hour with a 150-pound rider on
a dry, level, hard surface with no wind. A "motor bicycle" is defined as a bicycle to
which a power unit not an integral part of the vehicle has been added to permit the
vehicle to travel at a speed of not more than 30 miles per hour under the same
conditions. Certain legal consequences follow from the classification of a vehicle as
a moped or a motor bicycle. For example, a motor bicycle is exempt from the
requirement of vehicle registration with the Department of Transportation (DOT),
while a moped must be registered with DOT in the same manner as a motorcycle.
Also, with exceptions, mopeds are generally treated similarly to motorcycles for
purposes of traffic regulation and vehicle equipment requirements, while motor
bicycles are generally treated similarly to bicycles. However, a person must possess
a valid operator's license to operate on a highway either a moped or a motor bicycle.
This bill expands the definition of motor bicycle to include a two-wheeled or
three-wheeled vehicle that has fully operative pedals and an electric motor of less
than 750 watts and that is capable, when powered solely by the motor, of a maximum
speed of less than 20 miles per hour with a 170-pound rider on a dry, level, hard

surface with no wind. This definition is similar to the definition under current
federal law of "low-speed electric bicycle." The bill also specifies that such a vehicle
is not a moped.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB319, s. 1 1Section 1. 340.01 (29m) of the statutes is renumbered 340.01 (29m) (am).
AB319, s. 2 2Section 2. 340.01 (29m) (bm) of the statutes is created to read:
AB319,2,33 340.01 (29m) (bm) "Moped" does not include a motor bicycle.
AB319, s. 3 4Section 3. 340.01 (30) of the statutes is renumbered 340.01 (30) (intro.) and
5amended to read:
AB319,2,66 340.01 (30) (intro.) "Motor bicycle" means a any of the following:
AB319,2,10 7(a) A bicycle to which a power unit not an integral part of the vehicle has been
8added to permit the vehicle to travel at a speed of not more than 30 miles per hour
9with a 150-pound rider on a dry, level, hard surface with no wind and having a seat
10for the operator.
AB319, s. 4 11Section 4. 340.01 (30) (b) of the statutes is created to read:
AB319,2,1612 340.01 (30) (b) A 2-wheeled or 3-wheeled vehicle that has fully operative
13pedals for propulsion by human power and an electric motor of less than 750 watts
14and that is capable, when powered solely by the motor, of a maximum speed of less
15than 20 miles per hour with a 170-pound rider on a dry, level, hard surface with no
16wind.
AB319, s. 5 17Section 5. Initial applicability.
AB319,3,2
1(1) This act first applies to vehicles operated on the effective date of this
2subsection.
AB319,3,33 (End)
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