LRB-1759/1
EVM:amn
2017 - 2018 LEGISLATURE
January 30, 2018 - Introduced by Representatives Rohrkaste, Genrich,
Considine, Kulp, Sinicki, Spreitzer, Steffen, Subeck, Tittl and Tusler,
cosponsored by Senators Roth and Moulton. Referred to Committee on
Transportation.
AB886,1,5
1An Act to repeal 340.01 (30) (b);
to consolidate, renumber and amend 340.01
2(30) (intro.) and (a);
to amend 70.111 (1), 194.01 (7), 340.01 (29m) (bm), 340.01
3(35), 340.01 (74p) (c), 341.05 (23), 346.02 (4) (title) and 346.02 (4) (a); and
to
4create 340.01 (15ph), 346.806, 347.02 (1) (em), 347.489 (3m) and 349.18 (4) of
5the statutes;
relating to: electric bicycles and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill regulates the operation of electric bicycles.
Under current law, a motor bicycle is “a bicycle to which a power unit [that is]
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 with a 150-pound rider on a dry, level,
hard surface with no wind and having a seat for the operator” or “a 2-wheeled or
3-wheeled vehicle that has fully operative pedals for propulsion by human power
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.” In general, a motor bicycle is subject
to the same rules as other bicycles and an operator of a motor bicycle is subject to the
same rules and is afforded the same privileges as operators of other bicycles. An
operator of a motor bicycle, however, must posses a valid operator's license.
This bill eliminates the second type of motor bicycle and establishes a similar
definition for electric bicycle. Unlike an operator of a motor bicycle, however, an
operator of an electric bicycle is not required to hold an operator's license.
Under this bill, an electric bicycle is, in general, “a bicycle that is equipped with
fully operative pedals for propulsion by human power and an electric motor of less
than 750 watts.” Electric bicycles are divided into three classes, as follows:
1. Class 1 electric bicycles provide assistance only when the rider is pedaling
and cease to provide assistance when the bicycle reaches the speed of 20 miles per
hour.
2. Class 2 electric bicycles may be powered solely by the motor and are not
capable of providing assistance when the bicycle reaches the speed of 20 miles per
hour.
3. Class 3 electric bicycles provide assistance only when the rider is pedaling
and cease to provide assistance when the bicycle reaches the speed of 28 miles per
hour.
In general, an electric bicycle is subject to the same rules as other bicycles and
an operator of an electric bicycle is subject to the same rules and is afforded the same
privileges as operators of other bicycles, with the following exceptions:
1. A person may not operate a class 3 electric bicycle on a bicycle way or bicycle
path unless such operation is permitted by the governmental body having
jurisdiction of the bicycle way or bicycle path.
2. Persons under the age of 16 years may not operate a class 3 electric bicycle.
3. A manufacturer or distributor of an electric bicycle must affix a label
containing the classification number of the electric bicycle, the speed at which the
motor will cease to provide assistance or power, and the wattage of the motor
equipped to the electric bicycle.
4. For a class 2 electric bicycle, the motor must cease to provide assistance or
power when the brakes are applied. For a class 1 or 3 electric bicycle, the motor must
cease to provide assistance or power when the rider stops pedaling.
5. A person may not operate a class 3 electric bicycle unless the electric bicycle
is equipped with a speedometer.
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:
AB886,1
1Section
1. 70.111 (1) of the statutes is amended to read:
AB886,2,62
70.111
(1) Jewelry, household furnishings, and apparel. Personal ornaments
3and jewelry, family portraits, private libraries, musical instruments other than
4pianos, radio equipment, household furniture, equipment and furnishings, apparel,
5motor bicycles,
electric bicycles, bicycles, and firearms if such items are kept for
6personal use by the owner and pianos if they are located in a residence.
AB886,3,63
194.01
(7) “Motor vehicle" means any automobile, truck, trailer, semitrailer,
4tractor, motor bus, or any self-propelled or motor driven vehicle, except a motorcycle,
5moped, motor bicycle,
electric bicycle, electric personal assistive mobility device,
6personal delivery device, or vehicle operated on rails.
AB886,3
7Section
3. 340.01 (15ph) of the statutes is created to read:
AB886,3,108
340.01
(15ph) (a) “Electric bicycle” means a bicycle that is equipped with fully
9operative pedals for propulsion by human power and an electric motor of less than
10750 watts and that meets the requirements of any of the following classifications:
AB886,3,1311
1. Class 1 electric bicycle is an electric bicycle equipped with a motor that
12provides assistance only when the rider is pedaling and that ceases to provide
13assistance when the bicycle reaches the speed of 20 miles per hour.
AB886,3,1614
2. Class 2 electric bicycle is an electric bicycle that may be powered solely by
15the motor and is not capable of providing assistance when the bicycle reaches the
16speed of 20 miles per hour.
AB886,3,1917
3. Class 3 electric bicycle is an electric bicycle equipped with a motor that
18provides assistance only when the rider is pedaling and that ceases to provide
19assistance when the bicycle reaches the speed of 28 miles per hour.
AB886,3,2120
(b) The electric motor on an electric bicycle need not be an integral part of the
21electric bicycle.
AB886,4
22Section
4. 340.01 (29m) (bm) of the statutes is amended to read:
AB886,3,2323
340.01
(29m) (bm) “Moped" does not include a motor bicycle
or electric bicycle.
AB886,5
24Section
5. 340.01 (30) (intro.) and (a) of the statutes are consolidated,
25renumbered 340.01 (30) and amended to read:
AB886,4,5
1340.01
(30) “Motor bicycle" means
any of the following: (a) A a bicycle to which
2a power unit not an integral part of the vehicle has been added to permit the vehicle
3to travel at a speed of not more than 30 miles per hour with a 150-pound rider on a
4dry, level, hard surface with no wind and having a seat for the operator.
“Motor
5bicycle” does not include an electric bicycle.
AB886,6
6Section
6. 340.01 (30) (b) of the statutes is repealed.
AB886,7
7Section
7. 340.01 (35) of the statutes is amended to read:
AB886,4,158
340.01
(35) “Motor vehicle" means a vehicle, including a combination of 2 or
9more vehicles or an articulated vehicle, which is self-propelled, except a vehicle
10operated exclusively on a rail. “Motor vehicle" includes, without limitation, a
11commercial motor vehicle or a vehicle which is propelled by electric power obtained
12from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain
13vehicle, a utility terrain vehicle, and an electric personal assistive mobility device
14shall be considered motor vehicles only for purposes made specifically applicable by
15statute.
“Motor vehicle” does not include an electric bicycle.
AB886,8
16Section
8. 340.01 (74p) (c) of the statutes is amended to read:
AB886,4,1717
340.01
(74p) (c) An operator of a moped
, electric bicycle, or motor bicycle.
AB886,9
18Section
9. 341.05 (23) of the statutes is amended to read:
AB886,4,2019
341.05
(23) The vehicle is a motor bicycle
, electric bicycle, or bicycle, except as
20provided in s. 349.18.
AB886,10
21Section
10. 346.02 (4) (title) of the statutes is amended to read:
AB886,4,2322
346.02
(4) (title)
Applicability to persons riding bicycles, electric bicycles,
23and motor bicycles.
AB886,11
24Section
11. 346.02 (4) (a) of the statutes is amended to read:
AB886,5,7
1346.02
(4) (a) Subject to the special provisions applicable to bicycles, every
2person riding a bicycle upon a roadway or shoulder of a highway is granted all the
3rights and is subject to all the duties
which
that this chapter grants or applies to the
4operator of a vehicle, except those provisions
which
that by their express terms apply
5only to motor vehicles or
which that by their very nature would have no application
6to bicycles. For purposes of this chapter, provisions
which that apply to bicycles also
7apply to
electric bicycles and motor bicycles, except as otherwise expressly provided.
AB886,12
8Section 12
. 346.806 of the statutes is created to read:
AB886,5,13
9346.806 Special rules applicable to electric bicycles. (1) Except as
10otherwise expressly provided, an electric bicycle and an operator of an electric bicycle
11shall be afforded all the same rights and privileges, and be subject to the same duties,
12provided in chs. 340 to 351 as a bicycle or an operator of a bicycle. An electric bicycle
13shall be considered a vehicle to the same extent as a bicycle.
AB886,5,16
14(2) A person operating an electric bicycle is not subject to the provisions under
15ch. 341, 342, 343, or 344 relating to financial responsibility, operator's licenses,
16registration, or certificates of title.
AB886,5,22
17(3) (a) No person may ride a class 3 electric bicycle upon a bicycle way or bicycle
18path, except upon a bicycle way or bicycle path that is upon or adjacent to a highway
19or, for a bicycle way or bicycle path under the jurisdiction of the department, unless
20permitted by a rule promulgated by the department, or, for a bicycle way or bicycle
21path under the jurisdiction of a municipality or county, unless permitted by an
22ordinance enacted under s. 349.18 (4).
AB886,6,323
(b) A person may ride, with the power unit in operation, a class 1 or class 2
24electric bicycle upon a bicycle way or bicycle path, for a bicycle way or bicycle path
25under the jurisdiction of the department, subject to any restrictions specified in a
1rule promulgated by the department, or, for a bicycle way or bicycle path under the
2jurisdiction of a municipality or county, subject to any restrictions specified in an
3ordinance enacted under s. 349.18 (4).
AB886,6,64
(c) Notwithstanding pars. (a) and (b), no person may ride an electric bicycle,
5with the power unit in operation, on lands under the jurisdiction of the department
6of natural resources unless permitted by a rule promulgated under s. 349.18 (4).
AB886,6,9
7(4) No person under the age of 16 years may operate a class 3 electric bicycle.
8A person under the age of 16 years may ride as a passenger on a class 3 electric bicycle
9that is designed to accommodate passengers.
AB886,13
10Section
13. 347.02 (1) (em) of the statutes is created to read:
AB886,6,1111
347.02
(1) (em) Electric bicycles.