1.1                          A bill for an act 
  1.2             relating to traffic regulations; regulating the 
  1.3             operation of electric personal assistive mobility 
  1.4             devices on roadways and sidewalks; amending Minnesota 
  1.5             Statutes 2000, sections 168.011, subdivision 4; 
  1.6             169.01, subdivision 3, by adding a subdivision; 
  1.7             171.01, subdivision 3; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 169.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 168.011, 
  1.11  subdivision 4, is amended to read: 
  1.12     Subd. 4.  [MOTOR VEHICLE.] (a) "Motor vehicle" means any 
  1.13  self-propelled vehicle not operated exclusively upon railroad 
  1.14  tracks and any vehicle propelled or drawn by a self-propelled 
  1.15  vehicle and includes vehicles known as trackless trolleys which 
  1.16  are propelled by electric power obtained from overhead trolley 
  1.17  wires but not operated upon rails, except snowmobiles, 
  1.18  manufactured homes, and park trailers.  
  1.19     (b) "Motor vehicle" also includes an all-terrain vehicle, 
  1.20  as defined in section 84.92, subdivision 8, which (1) has at 
  1.21  least four wheels, (2) is owned and operated by a physically 
  1.22  disabled person, and (3) displays both physically disabled 
  1.23  license plates and a physically disabled certificate issued 
  1.24  under section 169.345, subdivision 3. 
  1.25     (c) "Motor vehicle" does not include an all-terrain vehicle 
  1.26  as defined in section 84.92, subdivision 8; except (1) an 
  1.27  all-terrain vehicle described in paragraph (b), or (2) an 
  2.1   all-terrain vehicle licensed as a motor vehicle before August 1, 
  2.2   1985, in which case the owner may continue to license it as a 
  2.3   motor vehicle until it is conveyed or otherwise transferred to 
  2.4   another owner, is destroyed, or fails to comply with the 
  2.5   registration and licensing requirements of this chapter. 
  2.6      (d) "Motor vehicle" does not include an electric personal 
  2.7   assistive mobility device as defined in section 169.01, 
  2.8   subdivision 90. 
  2.9      Sec. 2.  Minnesota Statutes 2000, section 169.01, 
  2.10  subdivision 3, is amended to read: 
  2.11     Subd. 3.  [MOTOR VEHICLE.] "Motor vehicle" means every 
  2.12  vehicle which is self-propelled and every vehicle which is 
  2.13  propelled by electric power obtained from overhead trolley 
  2.14  wires.  Motor vehicle does not include an electric personal 
  2.15  assistive mobility device or a vehicle moved solely by human 
  2.16  power. 
  2.17     Sec. 3.  Minnesota Statutes 2000, section 169.01, is 
  2.18  amended by adding a subdivision to read: 
  2.19     Subd. 90.  [ELECTRIC PERSONAL ASSISTIVE MOBILITY 
  2.20  DEVICE.] "Electric personal assistive mobility device" means a 
  2.21  self-balancing device with two nontandem wheels, designed to 
  2.22  transport not more than one person, and operated by an electric 
  2.23  propulsion system that limits the maximum speed of the device to 
  2.24  15 miles per hour. 
  2.25     Sec. 4.  [169.212] [OPERATION OF ELECTRIC PERSONAL 
  2.26  ASSISTIVE MOBILITY DEVICES.] 
  2.27     Subdivision 1.  [RIGHTS AND RESPONSIBILITIES OF 
  2.28  PEDESTRIANS.] Except as otherwise provided by law, a person 
  2.29  operating an electric personal assistive mobility device has the 
  2.30  rights and responsibilities of a pedestrian. 
  2.31     Subd. 2.  [OPERATION.] (a) An electric personal assistive 
  2.32  mobility device may be operated on a bicycle path. 
  2.33     (b) No person may operate an electric personal assistive 
  2.34  mobility device on a roadway, sidewalk, or bicycle path at a 
  2.35  rate of speed that is not reasonable and prudent under the 
  2.36  conditions.  Every person operating an electric personal 
  3.1   assistive mobility device on a roadway, sidewalk, or bicycle 
  3.2   path is responsible for becoming and remaining aware of the 
  3.3   actual and potential hazards then existing on the roadway or 
  3.4   sidewalk and must use due care in operating the device. 
  3.5      (c) An electric personal assistive mobility device may be 
  3.6   operated on a roadway only: 
  3.7      (1) while making a direct crossing of a roadway in a marked 
  3.8   or unmarked crosswalk; 
  3.9      (2) where no sidewalk is available; 
  3.10     (3) where a sidewalk is so obstructed as to prevent safe 
  3.11  use; 
  3.12     (4) when so directed by a traffic control device or by a 
  3.13  peace officer; or 
  3.14     (5) temporarily in order to gain access to a motor vehicle. 
  3.15     (d) An electric personal assistive mobility device may not 
  3.16  be operated at any time on a roadway with a speed limit of more 
  3.17  than 35 miles per hour except to make a direct crossing of the 
  3.18  roadway in a marked crosswalk. 
  3.19     (e) An electric personal assistive mobility device may not 
  3.20  be operated at any time while carrying more than one person. 
  3.21     (f) A person operating an electric personal assistive 
  3.22  mobility device on a sidewalk must yield the right-of-way to 
  3.23  pedestrians at all times.  A person operating an electric 
  3.24  personal assistive mobility device on a bicycle path must yield 
  3.25  the right-of-way to bicycles at all times. 
  3.26     Subd. 3.  [REFLECTORS.] An electric personal assistive 
  3.27  mobility device may not be operated unless the device bears 
  3.28  reflectorized material on the front, back, and wheels, visible 
  3.29  at night from 600 feet when illuminated by the lower beams of 
  3.30  head lamps of a motor vehicle. 
  3.31     Subd. 4.  [LOCAL REGULATION.] A local road authority may 
  3.32  not further regulate the operation of electric personal 
  3.33  assistive mobility devices, except that a local road authority 
  3.34  may allow and regulate the operation of these devices on 
  3.35  roadways within its jurisdiction that have a speed limit of more 
  3.36  than 35 miles per hour. 
  4.1      Sec. 5.  Minnesota Statutes 2000, section 171.01, 
  4.2   subdivision 3, is amended to read: 
  4.3      Subd. 3.  [MOTOR VEHICLE.] Every vehicle ~~which~~ that is 
  4.4   self-propelled, other than an electric personal assistive 
  4.5   mobility device as defined in section 169.01, subdivision 90, 
  4.6   and any vehicle propelled or drawn by a self-propelled vehicle, 
  4.7   and not deriving its power from overhead wires except 
  4.8   snowmobiles.