2021 -- H 5631

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LC000232

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- HIGHWAY SAFETY ACT

     

     Introduced By: Representatives Kislak, Speakman, Cortvriend, Alzate, Cassar, Potter,
and Tanzi

     Date Introduced: February 19, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-19-14 of the General Laws in Chapter 31-19 entitled "Operation

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of Bicycles" is hereby amended to read as follows:

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     31-19-14. Turn and stop signals.

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     (a) Except as provided in this section, a person riding a bicycle shall comply with § 31-16-

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5.

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     (b) A signal of intention to turn right or left when required shall be given continuously

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during not less than the last one hundred feet (100') traveled by the bicycle before turning, and shall

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be given while the bicycle is stopped waiting to turn. A signal by hand and arm need not be given

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continuously if the hand is needed in control or operation of the bicycle.

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     (c) A person operating a bicycle approaching a stop sign shall slow down and, if required

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for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping,

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the person shall yield the right-of-way to any vehicle in the intersection or approaching on another

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highway so closely as to constitute an immediate hazard during the time the person is moving across

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or within the intersection or junction of highways. After slowing to a reasonable speed and yielding

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the right-of-way, if required, the person on a bicycle may cautiously make a turn or proceed through

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the intersection without stopping.

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     (d) A person operating a bicycle approaching a steady red traffic control light shall stop

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before entering the intersection and shall yield to all other traffic. Once the person has yielded,

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he/she may proceed straight through the steady red light with caution. Provided however, that a

 

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person, after slowing to a reasonable speed and yielding the right-of-way, if required, may

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cautiously make a right-hand turn. A left-hand turn onto a one-way highway may be made on a red

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light after stopping and yielding to other traffic.

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     (e) A person riding a bicycle shall comply with the following:

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     (1) Both the approach for a right turn and the right turn shall be made as close as practicable

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to the right-hand curb or edge of the roadway.

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     (2) When intending to turn left, the person on a bicycle shall approach the turn in the

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extreme left-hand lane lawfully available to traffic moving in the direction of travel. Whenever

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practicable, the left turn shall be made to the left of the center of the intersection so as to leave the

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intersection or other location in the extreme left-hand lane lawfully available to traffic moving in

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the same direction on the highway being entered.

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     (3) Where a special lane for making left turns by drivers proceeding in opposite directions

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has been indicated by traffic-control devices:

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     (i) A left turn shall not be made from any other lane;

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     (ii) A person operating a bicycle shall not ride in the lane except when preparing for or

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making a left turn from or into the highway or when preparing for or making a U-turn when

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otherwise permitted by law.

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     (f) A signal of intention to turn right or left shall be given during not less than the last one

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hundred feet (100') traveled by the bicycle before turning; provided that, a signal by hand and arm

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need not be given if the hand is needed in the control or operation of the bicycle.

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     (g) Nothing in this section shall relieve a person on a bicycle from the responsibility to

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yield the right-of-way to a pedestrian.

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     SECTION 2. Chapter 31-17 of the General Laws entitled "Right-of-Way" is hereby

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amended by adding thereto the following section:

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     31-17-10. Yielding to person on a bicycle at crossings and intersections.

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     (a) No driver of a motor vehicle shall pass any other motor vehicle which has stopped at a

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bicycle crossing to permit a person on a bicycle to cross, nor shall any such operator enter a marked

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bicycle crossing while a person on a bicycle is crossing or until there is a sufficient space beyond

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the bicycle crossing to accommodate the motor vehicle the person is operating, notwithstanding

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that a traffic control signal may indicate that vehicles may proceed.

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     (b) When traffic control signals are not in place or not in operation, the driver of a motor

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vehicle shall yield the right-of-way, slowing down or stopping if need be, to yield to a person on a

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bicycle crossing a roadway or intersection at a bicycle crossing marked, signed, or otherwise

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designated in accordance with standards established by the department including, but not limited

 

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to, road crossings of bicycle or shared-use paths and intersection crossings of bicycle lanes, if the

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person on a bicycle is on that half of the traveled part of the way on which the vehicle is traveling

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or if the person on a bicycle approaches from the opposite half of the traveled part of the way to

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within ten feet (10') of that half of the traveled part of the way on which said vehicle is traveling.

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     (c) Any driver of a vehicle convicted of violating the provisions of this section shall be

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subject to the fines enumerated in § 31-41.1-4.

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     SECTION 3. Chapter 31-23 of the General Laws entitled "Equipment and Accessories

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Generally" is hereby amended by adding thereto the following section:

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     31-23-8.1. Aggressive honking.

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     (a) Except as otherwise provided, no motor vehicle shall be equipped with and no person

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shall use upon a motor vehicle any siren, exhaust, compression or spark plug whistle and no person

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at any time shall use a horn otherwise than as a reasonable warning or make any unnecessary or

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unreasonable loud or harsh sound by means of a horn or other warning device. The driver of a

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motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with

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the horn but shall not otherwise use the horn for any other purpose. No driver of any motor vehicle

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shall use a horn:

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     (1) To make an unreasonably loud or harsh sound;

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     (2) When stationary; or

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     (3) When passing an animal-drawn vehicle or bicycle under normal conditions where no

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imminent danger of a collision exists.

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     (b) Violations of this section are subject to fines enumerated in § 31-41.1-4.

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     SECTION 4. Chapter 31-14 of the General Laws entitled "Speed Restrictions" is hereby

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amended by adding thereto the following section:

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     31-14-14. Speed limits in thickly settled areas and business districts.

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     (a) On a state highway inside a thickly settled or business district located in a city or town,

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the department shall establish and post a speed limit of twenty-five (25) miles per hour or a speed

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limit based on an engineering speed study in compliance with the Manual on Uniform Traffic

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Control Devices pursuant to chapter 13 of title 31.

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     (b) On a parkway inside a thickly settled or business district located in a city or town, the

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department of conservation and recreation shall establish and post a speed limit of twenty-five (25)

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miles per hour or a speed limit based on an engineering speed study in compliance with the Manual

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on Uniform Traffic Control Devices pursuant to chapter 13 of title 31.

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     (c) For the purposes of this section, thickly settled shall be defined as any area where

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buildings are fewer than two hundred feet (200') apart for a distance of one-eighth (1/8) of a mile

 

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or more.

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     (d) Violations of this section are subject to fines enumerated in § 31-41.1-4.

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     SECTION 5. Chapter 31-27.1 of the General Laws entitled "Aggressive Driving" is hereby

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amended by adding thereto the following section:

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     31-27.1-5. Reckless driver accountability traffic safety program.

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     (a) There is hereby established a reckless driver accountability traffic safety program.

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     (b) The program shall feature classes, based on a restorative justice model, to educate

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reckless drivers on the impacts of their actions. The program shall be open to the public. The state

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may charge reasonable fees to pay for the administration of the reckless driver accountability

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program.

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     (c) Motor vehicles with five (5) or more automated traffic enforcement (ATE) or speeding

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violations, or three (3) or more speeding violations for driving twenty-one (21) miles per hour or

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more over the speed limit, within a three hundred, sixty-five (365) day period shall be subject to

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impoundment, unless the vehicle's owner enrolls in the reckless driver accountability program

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within ten (10) days after notification of the last violation and completes the class within ninety

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(90) days after the notification of the last violation. Any vehicle impounded pursuant to this section

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shall not be released until the vehicle’s owner completes the reckless driver accountability program

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and pays all applicable towing and storage fees.

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     (d) The state shall notify, through certified mail, owners of motor vehicles with four (4)

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violations, or two (2) speeding violations for driving twenty-one (21) miles per hour or more over

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the speed limit, that their vehicle will be subject to impoundment following another violation,

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unless the owner voluntarily enrolls in the reckless driver accountability program within thirty (30)

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days after receiving the notification of the last violation and completes the class within one hundred

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twenty (120) days after the notification of the last violation.

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     (e) Following completion of the reckless driver accountability program, motor vehicles

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shall again be subject to impoundment by the state after receiving another five (5) ATE or speeding

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tickets, or another three (3) speeding violations for driving twenty-one (21) miles per hour or more

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over the sixty-five (65) mile per hour speed limit.

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     SECTION 6. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

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hereby amended by adding thereto the following section:

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     16-21-17.1. Curriculum for highway safety.

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     (a) The department of elementary and secondary education shall develop and make

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available to public schools and public charter schools in Rhode Island an educational curriculum

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for children in the first through fifth grades regarding the safe use of public streets and premises

 

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open to the public by pedestrians and bicyclists.

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     (b) At a minimum, the curriculum shall address:

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     (1) The safe use of bicycles;

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     (2) Traffic laws, regulations and best practices including, but not limited to, the use of the

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far hand reach when exiting a motor vehicle known as Dutch Reach;

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     (3) The use of bicycle lanes and trails; and

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     (4) Safe pedestrian practices.

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     SECTION 7. Title 31 of the General Laws entitled "MOTOR AND OTHER VEHICLES"

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is hereby amended by adding thereto the following chapter:

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CHAPTER 19.6

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REGULATION OF E-BICYCLES (E-BIKES)

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     31-19.6-1. Regulation.

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     E-bikes are to be regulated like bicycles. The same rules of the road apply to both e-bikes

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and human-powered bicycles.

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     31-19.6-2. Exemption from certain requirements.

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     E-bikes are not subject to the registration, licensing, or insurance requirements that apply

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to motor vehicles.

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     31-19.6-3. Classes.

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     There shall be three classes of e-bikes:

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     (1) Class 1: Bicycle equipped with a motor that provides assistance only when the rider is

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pedaling, and that ceases to provide assistance when the e-bike reaches twenty (20) mph.

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     (2) Class 2: Bicycle equipped with a throttle-actuated motor that ceases to provide

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assistance when the e-bike reaches twenty (20) mph.

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     (3) Class 3: Bicycle equipped with a motor that provides assistance only when the rider is

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pedaling, and that ceases to provide assistance when the e-bike reaches twenty-eight (28) mph.

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     31-19.6-4. Helmets required - Age of operators.

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     (a) Helmets are required for riders under fifteen (15) years of age for all three (3) classes

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of e-bike and for all riders of Class 3 e-bikes.

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     (b) Persons under sixteen (16) years of age may not ride a Class 3 e-bike (unless as a

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passenger).

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     31-19.6-5. Municipal regulation.

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     Local governments shall not restrict the use of Class 1 e-bikes; however, they are

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authorized to restrict the use of Class 2 and 3 e-bikes on bike paths.

 

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     SECTION 8. This act shall take effect on January 1, 2022.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- HIGHWAY SAFETY ACT

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     This act would amend several chapters of the general laws regarding the operation of

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bicycles on state highways and interaction with motor vehicles, aggressive honking, regulation of

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E-bicycles, reckless driver accountability program and speed limits in thickly settled areas and

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business districts.

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     This act would take effect on January 1, 2022.

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