The following scooters or scooter-like vehicles are not “motor vehicles” that must be manufactured to comply with all applicable FMVSS and be so certified to be lawfully imported into the United States:
Scooters lacking seats that are operated in a stand-up mode.
Scooters that are incapable of a top speed above 20 mph.
Electric bicycles with operable pedals, and an electric motor of 750 watts or less, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weights 170 pounds, is less than 20 mph.
SECTION 1. CONSUMER PRODUCT SAFETY ACT.
The Consumer product Safety Act (15 U.S.C. 2051 et seq) is amended by added at the end of the following:
LOW-SPEED ELECTRIC BICYCLES
(a) Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 3(a)(1) and shall be subject to the Commission regulations published at section 1500.18(a)(12) and part 1512 of title 16, Code of Federal Regulations.
(b) For the purpose of this section, the term `low-speed electric bicycle’ means a two or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.
(c) To further protect the safety of consumers who ride low-speed electric bicycles,the Commission may promulgate new or amended requirements applicable to such vehicles as necessary and appropriate.
(d) This section shall supersede any State law or requirement with respect to lowspeed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a).
28-2516.Motorized electric or gas powered bicycles or tricycles; definition
A. Notwithstanding any other provision of this title:
1. A certificate of title is not required for a motorized electric or gas powered bicycle or tricycle.
2. Registration is not required for a motorized electric or gas powered bicycle or tricycle.
3. Vehicle license tax is not imposed on a motorized electric or gas powered bicycle or tricycle.
4. A motorized electric or gas powered bicycle or tricycle is exempt from the provisions of section 28-964 relating to required equipment on motorcycles and motor-driven cycles and from the provisions of title 49, chapter 3, article 5 relating to vehicle emissions inspections.
5. A driver license is not required to operate a motorized electric or gas powered bicycle or tricycle.
6. A motorized electric or gas powered bicycle or tricycle may use rights-of-way designated for the exclusive use of bicycles.
7. A motorized electric or gas powered bicycle or tricycle is not subject to chapter 9 of this title.
B. This section does not prohibit a local authority from adopting an ordinance that regulates or prohibits the operation of motorized electric or gas powered bicycles or tricycles, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized electric or gas powered bicycles or tricycles.
C. For the purposes of this section, “motorized electric or gas powered bicycle or tricycle” means a bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled and that is operated at speeds of less than twenty miles per hour.