Ala. Code § 32-5A-267

Current through the 2024 Regular Session.
Section 32-5A-267 - Operation and regulation of electric bicycles
(a) Except as otherwise provided in this title, an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle. An electric bicycle shall be deemed a vehicle to the same extent as a bicycle.
(b) An electric bicycle or individual operating an electric bicycle 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.
(c) On and after January 1, 2022, manufacturers and distributors of electric bicycles shall 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 bicycle. The label shall be printed in a typeface and font legible to the operator.
(d) A person may not tamper with or modify an electric bicycle so as 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.
(e) An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission under 16 C.F.R. Part 1512 .
(f) 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.
(g) An electric bicycle 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.
(h)
(1) 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 do both of the following:
a. Prohibit the operation of Class 1 or Class 2 electric bicycles on 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.
b. Prohibit the operation of Class 3 electric bicycles on bicycle or multi-use paths.
(2) This subsection does not apply to a trail that is specifically designated as non-motorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surface materials.
(i) An individual under the age of 16 years may not operate a Class 3 electric bicycle. An individual under the age of 16 years may ride as a passenger on a Class 3 electric bicycle if the bicycle is designed to accommodate passengers.
(j) All operators and passengers of Class 3 electric bicycles shall 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. A violation of this subsection is not admissible as evidence of negligence or negligence per se in any action.
(k) All Class 3 electric bicycles shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour.

Ala. Code § 32-5A-267 (1975)

Added by Act 2021-134,§ 2, eff. 7/1/2021.