On Tuesday, the Alabama Senate passed legislation to require that riders of all classes of electric bicycles be required to wear helmets.
Senate Bill 73 (SB73) is sponsored by State Senator Gerald Allen.
Electric bicycles are bicycles that have an electric motor that powers them bike.
Sen. Allen explained, “All people must wear a helmet when riding a bicycle.”
“There are three classes of electric bicycles,” Allen explained. The bill also prevents small children from operating electric motor bicycles.
The three classes of electric bicycles are defined as follows:
Class 1: eBikes that are pedal-assist only, with no throttle, and have a maximum assisted speed of 20 mph.
Class 2: eBikes that also have a maximum speed of 20 mph but are throttle-assisted.
Class 3: eBikes that are pedal-assist only, with no throttle and a maximum assisted speed of 28 mph.
According to the bill’s synopsis, “Under existing law, there are three classes of electric bicycles, and an individual under the age of 16 years may not operate a Class 3 electric bicycle. This bill would provide that an individual under the age of 14 years may not operate a Class 1 or Class 2 electric bicycle.”
“Also under existing law, operators of a Class 3 electric bicycle are required to wear helmets,” the synopsis continued. “This bill would require the operators of any class of electric bicycle to wear a helmet during the operation.”
Under Alabama law, an electric bicycle or an individual operating an electric bike is not subject to the requirements of this title relating to driver’s licenses, registration, certificates of title, off-road vehicles, all-terrain vehicles, motor vehicle dealers, license tags or plates, financial responsibility, or motor vehicle insurance.”
Beginning on January 1, 2022, manufacturers and distributors of electric bicycles were required to apply a label that is permanently affixed in a prominent location to each electric bicycle. The label shall contain the classification number, top-assisted speed, and motor wattage of the electric bike.
Owners of electric bicycles may not tamper with or modify an electric bicycle to change the motor-powered speed capability or engagement of an electric bicycle unless the label indicating the classification required under subsection (c) is replaced after modification.
An electric bicycle shall be manufactured so that the electric motor is disengaged or otherwise ceases to propel the electric bicycle when the rider stops pedaling or when the brakes are applied.
Electric bicycles may be ridden in places where bicycles are allowed, including, but not limited to, streets, roadways, highways, shoulders, bicycle lanes, and bicycle or multi-use paths.
Following notice and a public hearing, a county, municipality, or other political subdivision of the state that has jurisdiction over a bicycle or multi-use path may prohibit the operation of Class 1 or Class 2 electric bicycles on a bicycle or multi-use paths if the entity finds that the prohibition is needed for safety reasons or compliance with other laws or legal obligations. Local governments also may prohibit the operation of Class 3 electric bicycles on a bicycle or multi-use paths.
Individuals under the age of 16 years may not operate a Class 3 electric bicycle though they may ride as a passenger. An individual under the age of 16 years may ride as a passenger if the bicycle is designed to accommodate passengers.
Electric bicycle operators must wear a properly fitted and fastened protective bicycle helmet that meets the standards provided by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials or standards subsequently established by those entities.
All Class 3 electric bicycles must be equipped with a speedometer that displays the bicycle’s speed in miles per hour.
SB73 passed the Alabama Senate by a vote of 30 to 0.
The legislation now moves to the Alabama House of Representatives for its consideration. The legislation has been assigned to the House Transportation, Utilities, and Infrastructure Committee.
As of Wednesday, 518 bills have been filed thus far in the 2023 Alabama Regular Legislative Session. Thursday will be day 10 of the regular session. The Alabama Constitution limits the regular session to no more than thirty legislative days.
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