HB 19 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ELECTRIC BICYCLES.

Longhurst HOUSE& OFSen. REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.

2Sokola TOReps. HOUSE BILL NO.

19Osienski, AMENDBaumbach, HouseBolden; Bill No.

19Sen. on line 11 by inserting “or equal to” between “than” and “750 watts”.

FURTHERHansen AMENDHOUSE HouseOF BillREPRESENTATIVES No.151st GENERAL ASSEMBLY HOUSE BILL NO.

19 onAN lineACT 23TO byAMEND deletingTITLE “motor”21 asOF itTHE appearsDELAWARE thereinCODE andRELATING insertingTO “motorELECTRIC engine”BICYCLES. in lieu thereof.

FURTHERBE AMENDIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

19Section by1. deleting lines 24 and 25 in their entirety and inserting in lieu thereof the following:

“pistonAmend displacementChapter is1, lessTitle than21 55cc, or an electric motor rated between 751 watts and 2,000 watts that may be used exclusively to propel the bicycle at a speed of more than 20 miles per hour or, if the riderDelaware isCode pedaling,by continuesmaking todeletions provideas assistanceshown evenby whenstrike thethrough bicycleand reachesinsertions aas speedshown ofby moreunderline thanand 28re-designating milesas perfollows: hour.

“Moped”§ does101 notWords includeand anphrases. electric bicycle.” FURTHER AMEND House Bill No.

19(5) “Bicycle” shall include that certain class of vehicles which are exclusively human-powered by deletingmeans linesof 80foot andpedals, 81which the driver normally rides astride, which have not in theirexcess entiretyof 3 wheels and redesignatingwhich accordingly.may be commonly known as unicycles, bicycles and tricycles.

FURTHERThe AMENDterm House“bicycle” Billalso No.includes a 2- or 3-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 horsepower), whose maximum speed on a paved level surface, when powered solely by such motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.

19( on) line“Electric 83bicycle” bymeans deletinga “abicycle classwith 1two or Classthree 2wheels electric”that is equipped with fully operable pedals, a saddle or seat for the rider, and insertingan inelectric lieumotor thereofof “an”.less than 750 watts that meets the requirements of one of the following three classes:

FURTHERa. AMEND House Bill No.

19“Class by1 addingelectric afterbicycle” lineshall 87mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and beforethat lineceases 88to provide assistance when the following:bicycle reaches the speed of 20 miles per hour or less.

“(4)b. Sidewalks, including those permitted to be used by bicycles, while using the electric motor.

(5)“Class Any2 trailelectric orbicycle” multi-useshall pathmean thatan iselectric specificallybicycle designatedequipped aswith nonmotorized,a whilemotor usingthat themay electricbe motor.”used SYNOPSISexclusively Thisto Amendmentpropel clarifies the definitionbicycle, ofand “electricthat bicycle”ceases byto providingprovide thatassistance anwhen electricthe bicyclebicycles includesreaches athe bicyclespeed withof an20 electricmiles motorper equalhour toor 750less. watts.

Itc. also clarifies the definition of “moped”, and permits local authorities and state agencies having jurisdiction over a bicycle or multi-use path to prohibit the operation of any class of electric bicycle on the path if, after notice and hearing, the authority finds the restriction is necessary for safety reasons or for compliance with other laws or legal obligation.

This“Class amendment3 makeselectric clearbicycle” thatshall mean an electric bicycle cannotequipped bewith riddena whilemotor usingthat theprovides electricassistance motoronly onwhen anythe sidewalk,rider includingis apedaling, sidewalkand permittedthat ceases to beprovide usedassistance bywhen bicyclesthe orbicycle anyreaches traila orspeed multi-useof pathno thatless isthan specifically20 designatedmiles asper nonmotorized.hour and no more than 28 miles per hour.

MAW Page 1 of 14 Released:

03/29/202112/04/2020 12:1409:37 PMAM 2141510205(36) “Moped” shall mean means a pedal or nonpedal bicycle having 2 tandem wheels, either of which is 10 inches or more in maximum diameter, and having an internal combustion motor characterized in that the maximum piston displacement is less than 55 cc, or an electric motor rated between 751 watts and 2,000 watts., and is capable of propelling a rider above 20 miles per hour without any pedaling.

“Moped” does not include an electric bicycle.

(37) “Motorcycle” includes every motor vehicle designed to travel on not more than 3 wheels in contact with the ground, except any such vehicle as may be included within the definition of “autocycle” or “tractor” and excepting electric personal assistive mobility device (EPAMD).

and electric bicycle.

(38) “Motorized skateboard or scooter” means any device that is designed to travel on at least 2 wheels with the deck or chassis of such device open and close to the ground, that has handlebars or a hand-controlled throttle or brake, that is designed to be stood or sat upon by the operator, and that is powered by a motor that is capable of propelling the device without human propulsion.

“Motorized skateboard or scooter” shall not include any automobile or device that is included within the definitions of “moped,” “motorcycle,” “off-highway vehicle (OHV),” any type of “tractor,” “triped,” “motorized wheelchair,” “electric bicycle,” or “electric personal assistive mobility device (EPAMD)” set forth in this section.

(40) “Motor vehicle” includes every vehicle, as defined in this section, which is self-propelled, except farm tractors, electric bicycles, electric personal assistive mobility devices, and OHVs.

(45) “Off-highway vehicle” or “OHV” means a motor driven off-road vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland or other natural terrain.

It includes, but is not limited to, a multi-wheel drive or low pressure tire vehicle, a motorcycle or related 2-wheel vehicle, an amphibious machine, a ground effect air-cushion vehicle or other means of transportation deriving motive power from a source other than muscle or wind.

“OHV” does not include a farm vehicle being used for farming, a vehicle used for military, fire, emergency or law-enforcement purposes, a construction or logging vehicle used in performance of its common function, electric bicycle, electric personal assistive mobility device or a registered aircraft.

However, nothing in this chapter shall be construed to include snowmobiles.

(82) “Triped” shall mean a pedal or nonpedal cycle having 3 wheels, either of which is 10 inches or more in maximum diameter, and having an internal combustion motor characterized in that the maximum piston displacement is less than 55 cc, or an electric motor rated between 751 watts and 2,000 watts.

“Triped” does not include electric bicycle.

(86) “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or HD :

NSW :

MAW Page 2 of 4 Released:

12/04/2020 09:37 AM tracks and excepting electric trackless trolley coaches, electric bicycles, electric personal assistive mobility devices and excepting OHVs.

Section 2.

Amend Chapter 41, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4176E Operation of a vehicle causing serious physical injury to a vulnerable user.