Regular Session 2019-2020 House Bill 2646 P.N. 4459

PRIOR PRINTER'S NO. 4055

PRINTER'S NO. 4459

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2646

Session of

2020

INTRODUCED BY WENTLING, BULLOCK, HENNESSEY, MILLARD, ROTHMAN,

LONGIETTI, SANCHEZ, JOZWIAK, MOUL AND COMITTA, JUNE 30, 2020

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2020

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in general provisions, further providing for

definitions; in certificate of title and security interests,

further providing for vehicles not requiring certificate of

title; in registration of vehicles, further providing for

vehicles exempt from registration; and, in special vehicles

and pedestrians, further providing for operation of

pedalcycles with electric assist.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "motor vehicle," "motorized

pedalcycle" and "pedalcycle with electric assist" in section 102

of Title 75 of the Pennsylvania Consolidated Statutes are

amended to read:

§ 102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Motor vehicle." A vehicle which is self-propelled except an

electric personal assistive mobility device, a pedalcycle with

electric assist or a vehicle which is propelled solely by human

power.

* * *

"Motorized pedalcycle." A motor-driven cycle equipped with

operable pedals, a motor rated no more than 1.5 brake

horsepower, a cylinder capacity not exceeding 50 cubic

centimeters, an automatic transmission, and a maximum design

speed of no more than 25 miles per hour [or an electric motor-

driven cycle equipped with operable pedals and an automatic

transmission powered by an electric battery or battery pack-

powered electric motor with a maximum design speed of no more

than 25 miles per hour]. THE TERM DOES NOT INCLUDE A PEDALCYCLE

WITH ELECTRIC ASSIST.

* * *

"Pedalcycle with electric assist." [A vehicle weighing not

more than 100 pounds with two or three wheels more than 11

inches in diameter, manufactured or assembled with an electric

motor system rated at not more than 750 watts and equipped with

operable pedals and capable of a speed not more than 20 miles

per hour on a level surface when powered by the motor source

only. The term does not include a device specifically designed

for use by persons with disabilities.] As follows:

(1) A vehicle which:

(i) weighs not more than 100 pounds with two or

three wheels more than 11 inches in diameter;

(ii) is manufactured or assembled with an electric

motor system rated at not more than 750 watts;

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(iii) is equipped with operable pedals AND A SEAT OR

SADDLE FOR THE RIDER ; and

(iv) meets the requirements of one of the classes

identified under section 3514(a) (relating to operation

of p edalcycles with electric assist).

(2) The term does not include a device specifically

designed for use by persons with disabilities.

* * *

Section 2. Sections 1102 and 1302 of Title 75 are amended by

adding paragraphs to read:

§ 1102. Vehicles not requiring certificate of title.

No certificate of title is required for:

* * *

(13) A pedalcycle with electric assist.

§ 1302. Vehicles exempt from registration.

The following types of vehicles are exempt from registration:

* * *

(24) A pedalcycle with electric assist.

Section 3. Section 3514 of Title 75 is amended to read:

§ 3514. Operation of pedalcycles with electric assist.

[No person under 16 years of age shall operate a pedalcycle

with electric assist.] (a) Classifications.--Pedalcycles with

electric assist shall be classified as follows:

(1) A Class 1 pedalcycle with electric assist is a

pedalcycle equipped with a motor that provides assistance

only when the rider is pedaling and that ceases to provide

assistance when the pedalcycle reaches the speed of 20 miles

per hour.

(2) A Class 2 pedalcycle with electric assist is a

pedalcycle equipped with a motor that may be used exclusively

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to propel the pedalcycle and that is not capable of providing

assistance when the pedalcycle reaches the speed of 20 miles

per hour.

(3) A Class 3 pedalcycle with electric assist is a

pedalcycle equipped with a motor that provides assistance

only when the rider is pedaling and that ceases to provide

assistance when the pedalcycle reaches the speed of 28 miles

per hour.

(b) Labeling requirement.--On and after the effective date

of this subsection, manufacturers and distributors of

pedalcycles with electric assist shall apply a label that is

permanently affixed, in a prominent location, to each

pedalcycle. The label shall contain the classification number,

top assisted speed and motor wattage of the pedalcycle with

electric assist. The label shall be printed in at least nine-

point font.

pedalcycle with electric assist so as to change the motor-

powered speed capability or engagement of the pedalcycle with

electric assist, unless the person appropriately replaces the

label indicating the classification required in subsection (b),

which shall be provided by the manufacturer or distributor under

subsection (b) upon request.

(d) Requirements.--A pedalcycle with electric assist shall

comply with the equipment and manufacturing requirements for

bicycles under 16 CFR Pt. 1512 (relating to requirements for

bicycles).

(e) Motor disengagement.--A pedalcycle WITH ELECTRIC ASSIST

shall operate in a manner so that the electric motor is

disengaged or ceases to function when the rider stops pedaling

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or when the brakes are applied.

(f) Operation on paths.--A Class 1 pedalcycle with electric

assist or a Class 2 pedalcycle with electric assist may be used

on paths where pedalcycles are authorized. A local authority or

governing body having jurisdiction over a path may prohibit, by

ordinance, the operation of a Class 1 pedalcycle with electric

assist or Class 2 pedalcycle with electric assist on the path.

(g) Restrictions on paths.--A Class 3 pedalcycle with

electric assist may not be operated on a path unless the path is

within or adjacent to a highway or roadway, or the local

authority or governing body having jurisdiction over the path

permits, by ordinance, operation on the path.

(F) OPERATION OF PEDALCYCLES WITH ELECTRIC ASSIST.--

(1) ANY CLASSIFICATION OF A PEDALCYCLE WITH ELECTRIC

ASSIST MAY BE USED ON HIGHWAYS, ROADWAYS, SIDEWALKS OR

PEDALCYCLE TRAILS WHERE PEDALCYCLES ARE AUTHORIZED TO BE

OPERATED UNDER THIS TITLE AND SUBJECT TO SUBSECTIONS (G) AND

(H).

(2) THIS SUBSECTION SHALL NOT APPLY TO A TRAIL THAT IS

SPECIFICALLY DESIGNATED AS NONMOTORIZED AND THAT HAS A

NATURAL SURFACE TREAD THAT IS MADE BY CLEARING AND GRADING

THE NATIVE SOIL WITH NO ADDED SURFACING MATERIALS. A LOCAL

AUTHORITY OR GOVERNING BODY OF A PUBLIC AGENCY HAVING

JURISDICTION OVER A TRAIL DESCRIBED UNDER THIS PARAGRAPH MAY

REGULATE THE USE OF A PEDALCYCLE WITH ELECTRIC ASSIST ON THE

TRAIL.

(G) RESTRICTIONS ON HIGHWAYS, ROADWAYS AND SIDEWALKS.--WHERE

PEDALCYCLES ARE AUTHORIZED TO BE OPERATED, A LOCAL AUTHORITY OR

GOVERNING BODY HAVING JURISDICTION OVER A HIGHWAY, ROADWAY OR

SIDEWALK MAY PROHIBIT, BY ORDINANCE, THE OPERATION OF A CLASS 1,

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CLASS 2 OR CLASS 3 PEDALCYCLE WITH ELECTRIC ASSIST.

(H) RESTRICTIONS ON PEDALCYCLE TRAILS.--A LOCAL AUTHORITY OR

GOVERNING BODY HAVING JURISDICTION OVER THE USE OF A PEDALCYCLE

TRAIL MAY PROHIBIT, BY ORDINANCE, THE OPERATION OF A CLASS 1 OR

CLASS 2 PEDALCYCLE WITH ELECTRIC ASSIST. A CLASS 3 PEDALCYCLE

WITH ELECTRIC ASSIST MAY NOT BE OPERATED ON A PEDALCYCLE TRAIL

UNLESS THE LOCAL AUTHORITY OR GOVERNING BODY HAVING JURISDICTION

PERMITS, BY ORDINANCE, THE OPERATION OF A CLASS 3 PEDALCYCLE

WITH ELECTRIC ASSIST ON PEDALCYCLE TRAILS.

(h) (I) Age restriction.--No person under 16 years of age

shall operate a Class 3 pedalcycle with electric assist. A

person under 16 years of age may ride as a passenger on a Class

3 pedalcycle with electric assist that is designed to

accommodate passengers.

(i) (J) Speedometer requirement.--All Class 3 pedalcycles

with electric assist shall be equipped with a speedometer that

displays the speed the pedalcycle with electric assist is

traveling in miles per hour.

(K) PEDALCYCLE HELMETS FOR CERTAIN PERSONS.--A PERSON UNDER

16 YEARS OF AGE MAY NOT OPERATE A CLASS 1 OR CLASS 2 PEDALCYCLE

WITH ELECTRIC ASSIST OR RIDE AS A PASSENGER ON A CLASS 1, CLASS

2 OR CLASS 3 PEDALCYCLE WITH ELECTRIC ASSIST UNLESS THE PERSON

IS WEARING A PEDALCYCLE HELMET MEETING THE REQUIREMENTS OF

SECTION 3510 (RELATING TO PEDALCYCLE HELMETS FOR CERTAIN

PERSONS). A PERSON UNDER THIS SUBSECTION SHALL BE SUBJECT TO

SECTION 3510.

Section 4. This act shall take effect in 60 days.

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