S2070

An Act concerning low-speed electric bicycles, low-speed electric scooters, amending various parts of the statutory law, and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 19 of P.L.1983, c.362 (C.17:28-1.3) is amended to read as follows:

19. a. Every liability insurance policy issued in this State on a motor vehicle, exclusive of an automobile as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), but including a motorcycle and an autocycle, or on a motorized bicycle, low-speed electric bicycle, or low-speed electric scooter, insuring against loss resulting from liability imposed by law for bodily injury, death, and property damage sustained by any person arising out of the ownership, operation, maintenance, or use of a motor vehicle, low-speed electric bicycle, low-speed electric scooter, or motorized bicycle shall provide personal injury protection coverage benefits, in accordance with section 4 of P.L. 1972, c. 70 (C.39:6A-4), to pedestrians who sustain bodily injury in the State caused by the named insured’s motor vehicle, low-speed electric bicycle, low-speed electric scooter, or motorized bicycle or by being struck by an object propelled by or from the motor vehicle, low-speed electric bicycle, low-speed electric scooter, or motorized bicycle.

b. For purposes of this section:

“Autocycle” means a three-wheeled motorcycle designed to be controlled with a steering wheel and pedals in which the operator and passenger may ride in a completely or partially enclosed seating area that is equipped with a roll cage or roll hoops, safety seat belts for each occupant, and anti-lock brakes.

“Low-speed electric bicycle” means the same as that term is defined by R.S.39:1-1.

“Low-speed electric scooter” means the same as that term is defined by R.S.39:1-1.

“Motorcycle” includes motorcycles, autocycles, motor bikes, bicycles with motor attached and all motor-operated vehicles of the bicycle or tricycle type, except motorized bicycles as defined in this section, whether the motive power be a part thereof or attached thereto and having a saddle or seat with the driver sitting astride or upon it or a platform on which the driver stands.

“Motorized bicycle” means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface.

(cf: P.L.2019, c.110, s.2.)

2. Section 14 of P.L.1972, c.70 (C.39:6A-14) is amended to read as follows:

14. Every owner or registrant of an automobile, low-speed electric bicycle, low-speed electric scooter, or autocycle registered or principally garaged in this State shall maintain uninsured motorist coverage as provided in P.L.1968, c.385 (C.17:28-1.1).

(cf: P.L.2016, c.35, s.6.)

3. Section 2 of P.L.2019, c.121 (C.39:4-14.16) is amended to read as follows:

2. a. A low-speed electric bicycle or low-speed electric scooter, as defined in R.S.39:1-1, may be operated on the streets, highways, roadways, and bicycle paths of this State, except as otherwise provided in this section, and may be parked on a sidewalk provided that the low-speed electric bicycle or low-speed electric scooter does not impede the normal movement of pedestrian or other traffic upon the sidewalk.

b. On and after January 1, 2019, manufacturers and distributors of low-speed electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each low-speed electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the low-speed electric bicycle, and shall be printed in Arial font in at least 9-point type.

c. A person shall not tamper with or modify a low-speed electric bicycle so as to change the motor-powered speed capability or engagement of a low-speed electric bicycle, unless that person appropriately replaces the label indicating the classification required in subsection b. of this section.

d. A low-speed electric bicycle or low-speed electric scooter may be operated on bicycle paths, except that a local government entity or State agency may prohibit the operation of low-speed electric bicycles or low-speed electric scooters on bicycle paths under its jurisdiction.

e. Unless permitted by a local government entity or State agency with jurisdiction, a low-speed electric bicycle or low-speed electric scooter shall not be operated on a trail designated for non-motorized traffic if such trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added.

f. The operator of a low-speed electric bicycle or low-speed electric scooter shall not be required to [register the low-speed electric bicycle or low-speed electric scooter, and furnish proof of insurance, or] have a driver’s license.

g. Except as otherwise provided by this section, all statutes, including the provisions of chapter 4 of Title 39 of the Revised Statutes, rules, and regulations applicable to bicycles, as defined in section 1 of P.L.1991, c.465 (C.39:4-10.1), shall apply to low-speed electric bicycles and low-speed electric scooters, except those provisions which by their very nature may have no application to low-speed electric bicycles or low-speed electric scooters.

h. A low-speed electric bicycle or low-speed electric scooter shall be considered a motor vehicle to the extent required by 23 U.S.C. s.154.

(cf: P.L.2019, c.121, s.2)

4. (New section) a. The New Jersey Motor Vehicle Commission is authorized to grant a registration certificate to the owner of a low-speed electric bicycle or low-speed electric scooter, provided that:

(1) an application for registration has been properly submitted;

(2) the registration fee has been paid;

(3) for first-time applicants, the safety training module required by subsection b. of this section has been completed; and

(4) the low-speed electric bicycle or low-speed electric scooter is of a type approved by the chief administrator.

b. The chief administrator shall develop a safety training module for operators of low-speed electric bicycles and low-speed electric scooters, which shall be made available as an online program accessible via the commission’s Internet website and, upon request, in written form. The module shall include a mechanism for the registrant to attest that all prospective operators of the low-speed electric bicycle or low-speed electric scooter being registered also shall complete the module.

c. (1) The form and contents of the registration certificate issued pursuant to this section shall be prescribed by the chief administrator, who shall maintain a record of all registration certificates issued and their contents. The certificate issued shall include a label indicating proof of registration to be affixed to a low-speed electric bicycle or low-speed electric scooter.

(2) A registration shall expire, and the registration certificate issued pursuant to this section shall become void on the last day of the 11th calendar month following the calendar month in which the certificate was issued, except that the chief administrator may suspend or revoke a registration for any violation of this section or any rules promulgated thereunder.

(3) Application forms for all renewals of registrations for low-speed electric bicycles and low-speed electric scooters shall be mailed by the commission to the last known address of the owner of the low-speed electric bicycle or low-speed electric scooter, as such address appears on the records of the commission.

d. The fee for the initial registration of a low-speed electric bicycle or low-speed electric scooter, and each renewal of registration, shall be $8.

e. An owner or registered owner of a low-speed electric bicycle or low-speed electric scooter registered or principally garaged in this State shall maintain liability insurance coverage pursuant to section 1 of P.L.1972, c.197 (C.39:6B-1), personal injury protection coverage for pedestrians pursuant to section 19 of P.L1983, c.362 (C.17:28-1.3), and uninsured motorist coverage pursuant to section 14 of P.L.1972, c.70 (C.39:6A-14).

f. No person shall operate a low-speed electric bicycle or low-speed electric scooter unless the low-speed electric bicycle or low-speed electric scooter is registered by the owner thereof, as provided in this section.

g. The chief administrator shall promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) in order to establish and implement a safety training module and registration system, as prescribed by this act.

5. Section 1 of P.L.1972, c.197 (C.39:6B-1) is amended to read as follows:

1. a. Every owner or registered owner of a motor vehicle, low-speed electric bicycle, or low-speed electric scooter registered or principally garaged in this State shall maintain motor vehicle, low-speed electric bicycle, or low-speed electric scooter liability insurance coverage, under provisions approved by the Commissioner of Banking and Insurance, insuring against loss resulting from liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, maintenance, operation or use of a motor vehicle, low-speed electric bicycle, or low-speed electric scooter wherein such coverage shall be at least in: (1) an amount or limit of $15,000 for plans issued or renewed prior to January 1, 2023, $25,000 for plans issued or renewed on or after January 1, 2023 but prior to January 1, 2026, and $35,000 for plans issued or renewed on or after January 1, 2026, exclusive of interest and costs, on account of injury to, or death of, one person, in any one accident; and (2) an amount or limit, subject to such limit for any one person so injured or killed, of $30,000 for plans issued or renewed prior to January 1, 2023, $50,000 for plans issued or renewed on or after January 1, 2023 but prior to January 1, 2026, and $70,000 for plans issued or renewed on or after January 1, 2026, exclusive of interest and costs, on account of injury to or death of, more than one person, in any one accident; and (3) an amount or limit of $25,000 for plans issued or renewed on or after January 1, 2023, exclusive of interest and costs, for damage to property in any one accident; and (4) for a commercial motor vehicle, an amount or limit of $1,500,000, exclusive of interest and costs, on account of injury to or death of, one or more persons in any one accident or for damage to property in any one accident; and (5) for a commercial motor vehicle with a gross vehicle weight rating of 10,001 or more pounds but less than 26,001 pounds, an amount or limit of $300,000, exclusive of interest and costs, on account of injury to or death of, one or more persons in any one accident or for damage to property in any one accident. The provisions of paragraphs (4) and (5) of this subsection may be satisfied by a commercial automobile insurance policy, fleet insurance policy, commercial umbrella insurance policy, commercial excess insurance policy, similar insurance policy, or any combination thereof.

b. Notwithstanding the provisions of subsection a. of this section, an owner or registered owner of an automobile, as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), registered or primarily garaged in the State may satisfy the requirements of subsection a. of this section by maintaining a basic automobile insurance policy containing coverages provided pursuant to subsections a. and b. of section 4 of P.L.1998, c.21 (C.39:6A-3.1).

c. Notwithstanding the provisions of subsection a. of this section, an owner or registered owner of an automobile, as defined in section 2 of P.L.1972, c.70 (C.39:6A-2), registered or primarily garaged in the State may satisfy the requirements of subsection a. of this section by maintaining a special automobile insurance policy containing coverages provided pursuant to subsection b. of section 45 of P.L.2003, c.89 (C.39:6A-3.3).

d. Upon the renewal of a policy of insurance that, under its original policy limits, would no longer meet the minimum requirements established pursuant to this section, an insurer shall notify the named insured that the policy limits have been increased to meet the requirements established pursuant to this section. Notice provided pursuant to this subsection shall specify the limit or limits that have been increased to meet the requirements established pursuant to this section. Notwithstanding the provisions of any law, rule, or regulation to the contrary, an insurer shall not be required to receive a signed coverage selection form pursuant to N.J.A.C.11:3-15.7, to increase a policy’s limits pursuant to this section.

e. As used in this section, "commercial motor vehicle" means a commercial motor vehicle as defined pursuant to section 3 of P.L.1990, c.103 (C.39:3-10.11) and an autocab as defined pursuant to R.S.48:16-1, and shall include commercially registered vehicles. For purposes of paragraph (5) of subsection a. of this section, "commercial motor vehicle" shall also include commercially registered vehicles with a gross vehicle weight rating of 10,001 or more pounds but less than 26,001 pounds.

(cf: P.L.2023, c.276, s.1)

6. This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Chief Administrator of Motor Vehicles may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill requires low-speed electric bicycles and low-speed electric scooters to be registered with the New Jersey Motor Vehicle Commission (MVC) and to be insured.

The bill requires the Chief Administrator of the MVC to develop a safety training module for registration applicants. The module would be accessible from the MVC’s Internet website and, upon request, in written form.

The bill authorizes the MVC to grant a registration certificate to the owner of a low-speed electric bicycle or low-speed electric scooter, provided that the application for registration has been properly submitted, the registration fee has been paid, the safety training module has been completed by first-time applicants with an attestation that all prospective operators of the device will also complete the safety training module, and the low-speed electric bicycle or low-speed electric scooter is of a type approved by the MVC. A registration certificate would include a label to affix to the low-speed electric bicycle or low-speed electric scooter as proof of registration. The bill provides that the initial registration certification is valid for one year and may be renewed annually. Under the bill, both the fee for initial registration and renewal are eight dollars. The bill prohibits the operation of a low-speed electric bicycle or low-speed electric scooter unless the low-speed electric bicycle or low-speed electric scooter is registered by its owner.

The bill requires the owner or registered owner of a low-speed electric bicycle or low-speed electric scooter registered or principally garaged in this State to maintain liability insurance coverage, personal injury protection coverage for pedestrians, and uninsured motorist coverage.