1 HB99
2 208947-2
3 By Representative Gray
4 RFD: Public Safety and Homeland Security
5 First Read: 02-FEB-21
6 PFD: 12/17/2020
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1
2 ENROLLED, An Act,
3 Relating to vehicles; to amend Section 32-1-1.1,
4 Code of Alabama 1975, as last amended by Act 2019-437, 2019
5 Regular Session, to provide for the definition of electric
6 bicycle and the classifications of the electric bicycle; to
7 add Section 32-5A-267 to the Code of Alabama 1975, to provide
8 for the operation and regulation of electric bicycles; and to
9 amend Sections 32-12-20 and 32-12A-1, as last amended by Act
10 2019-104, 2019 Regular Session, Code of Alabama 1975, to
11 exclude electric bicycles from the definitions of motorcycles
12 and off-road vehicles.
13 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
14 Section 1. Section 32-1-1.1, Code of Alabama 1975,
15 as last amended by Act 2019-437, 2019 Regular Session, is
16 amended to read as follows:
17 "32-1-1.1.
18 "The following words and phrases when used in this
19 title, for the purpose of this title, shall have meanings
20 respectively ascribed to them in this section, except when the
21 context otherwise requires:
22 "(1) ALLEY. A street or highway intended to provide
23 access to the rear or side of lots or buildings in urban
24 districts and not intended for the purpose of through
25 vehicular traffic.
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1 "(2) ARTERIAL STREET. Any United States federal or
2 state numbered route, controlled-access highway, or other
3 major radial or circumferential street or highway designated
4 by local authorities within their respective jurisdictions as
5 part of a major arterial system of streets or highways.
6 "(3) AUTHORIZED EMERGENCY VEHICLE. Such fire
7 department vehicles, police vehicles, and ambulances as are
8 publicly owned, and such other publicly or privately owned
9 vehicles as are designated by the Secretary of the Alabama
10 State Law Enforcement Agency or the chief of police of an
11 incorporated city.
12 "(4) BICYCLE. Every device propelled by human power
13 upon which any person individual may ride, having two tandem
14 wheels either of which is more than 14 inches in diameter.
15 "(5) BUS. Every motor vehicle designed for carrying
16 more than 10 passengers and used for the transportation of
17 persons; individuals and every motor vehicle other than a
18 taxicab, designed and used for the transportation of persons
19 individuals for compensation.
20 "(6) BUSINESS DISTRICT. The territory contiguous to
21 and including a highway when within any 600 feet along such
22 the highway there are buildings in use for business or
23 industrial purposes, including, but not limited to, hotels,
24 banks, or office buildings, railroad stations, and public
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1 buildings which occupy at least 300 feet of frontage on one
2 side or 300 feet collectively on both sides of the highway.
3 "(7) CANCELLATION OF DRIVER'S LICENSE. The annulment
4 or termination by formal action of the Secretary of the
5 Alabama State Law Enforcement Agency of a person's an
6 individual's driver's license because of some error or defect
7 in the license or because the licensee is no longer entitled
8 to such the license, but the cancellation of a license is
9 without prejudice and application for a new license may be
10 made at any time after such cancellation.
11 "(8) CONTROLLED-ACCESS HIGHWAY. Every highway,
12 street, or roadway in respect to which owners or occupants of
13 abutting lands and other persons have no legal right of access
14 to or from the same except at such points only and in such
15 manner as may be determined by the public authority having
16 jurisdiction over such the highway, street, or roadway.
17 "(9) CROSSWALK. Either of the following:
18 "a. That part of a roadway at an intersection
19 included within the connections of the lateral lines of the
20 sidewalks on opposite sides of the highway measured from the
21 curbs or, in the absence of curbs, from the edges of the
22 traversable roadway.
23 "b. Any portion of a roadway at an intersection or
24 elsewhere distinctly indicated for pedestrian crossing by
25 lines or other markings on the surface.
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1 "(10) DEALER. Every person engaged in the business
2 of buying, selling, or exchanging vehicles who has an
3 established place of business for such that purpose in this
4 state and to whom current dealer registration plates have been
5 issued by the Department of Revenue.
6 "(11) DEPARTMENT. The Alabama State Law Enforcement
7 Agency acting directly or through its duly authorized officers
8 and agents.
9 "(12) DIRECTOR. The Secretary of the Alabama State
10 Law Enforcement Agency.
11 "(13) DRIVEAWAY-TOWAWAY OPERATION. Any operation in
12 which any motor vehicle, trailer, or semitrailer, singly or in
13 combination, new or used, constitutes the commodity being
14 transported, when one set or more of wheels of any such
15 vehicle are on the roadway during the course of
16 transportation, whether or not any such vehicle furnishes the
17 motive power.
18 "(14) DRIVER. Every person individual who drives or
19 is in actual physical control of a vehicle.
20 "(15) DRIVER'S LICENSE. Any license to operate a
21 motor vehicle issued under the laws of this state.
22 "(16) ELECTRIC BICYCLE. A bicycle equipped with
23 fully operable pedals, a saddle or seat for the rider, and an
24 electric motor of less than 750 watts that meets the
25 requirements of one of the following three classes:
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1 "a. Class 1 electric bicycle means an electric
2 bicycle equipped with a motor that provides assistance only
3 when the rider is pedaling and that ceases to provide
4 assistance when the bicycle reaches the speed of 20 miles per
5 hour.
6 "b. Class 2 electric bicycle means an electric
7 bicycle equipped with a motor that may be used exclusively to
8 propel the bicycle and that is not capable of providing
9 assistance when the bicycle reaches the speed of 20 miles per
10 hour.
11 "c. Class 3 electric bicycle means an electric
12 bicycle equipped with a motor that provides assistance only
13 when the rider is pedaling and that ceases to provide
14 assistance when the bicycle reaches the speed of 28 miles per
15 hour.
16 "(16)(17) ELECTRIC PERSONAL ASSISTIVE MOBILITY
17 DEVICE. A self-balancing, two non-tandem wheeled device
18 designed to transport only one person individual with an
19 electric propulsion system with an average power of 750 watts
20 (1 h.p.), that has a maximum speed on a paved level surface,
21 when powered solely by such a the propulsion system while
22 ridden by an operator who weighs not more than 170 pounds, of
23 less than 20 m.p.h. The term shall not include a motorized
24 bicycle, motorized scooter, or motorized skateboard.
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1 "(17)(18) ESSENTIAL PARTS. All integral and body
2 parts of a vehicle of a type required to be registered
3 hereunder under this title, the removal, alteration, or
4 substitution of which would tend to conceal the identity of
5 the vehicle or substantially alter its appearance, model,
6 type, or mode of operation.
7 "(18)(19) ESTABLISHED PLACE OF BUSINESS. The place
8 actually occupied either continuously or at regular periods by
9 a dealer or manufacturer where his or her books and records
10 are kept and a large share of his or her business is
11 transacted.
12 "(19)(20) EXPLOSIVES. Any chemical compound or
13 mechanical mixture that is commonly used or intended for the
14 purpose of producing an explosion and which contains any
15 oxidizing and combustive units or other ingredients in such
16 proportions, quantities, or packing that an ignition by fire,
17 by friction, by concussion, by percussion, or by detonator of
18 any part of the compound or mixture may cause such a sudden
19 generation of highly heated gases that the resultant gaseous
20 pressures are capable of producing destructive effects on
21 contiguous objects or of destroying life or limb.
22 "(20)(21) FARM TRACTOR. Every motor vehicle designed
23 and used primarily as a farm implement, for drawing plows,
24 mowing machines, and other implements of husbandry.
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1 "(21)(22) FLAMMABLE LIQUID. Any liquid which has a
2 flash point of 70 F. or less, as determined by a fagliabue or
3 equivalent closed-cup test device.
4 "(22)(23) FOREIGN VEHICLE. Every vehicle of a type
5 required to be registered hereunder brought into this state
6 from another state, territory, or country other than in the
7 ordinary course of business by or through a manufacturer or
8 dealer and not registered in this state.
9 "(23)(24) GROSS WEIGHT. The weight of a vehicle
10 without load plus the weight of any load thereon.
11 "(24)(25) HIGHWAY. The entire width between the
12 boundary lines of every way publicly maintained when any part
13 thereof is open to the use of the public for purposes of
14 vehicular travel.
15 "(25)(26) HOUSE TRAILER. Either of the following:
16 "a. A trailer or semitrailer that is designed,
17 constructed, and equipped as a dwelling place, living abode,
18 or sleeping place, either permanently or temporarily, and is
19 equipped for use as a conveyance on streets and highways.
20 "b. A trailer or semitrailer that has a chassis and
21 exterior shell that is designed and constructed for use as a
22 house trailer, as defined in paragraph a., but which is used
23 instead permanently or temporarily for the advertising, sales,
24 display, or promotion of merchandise or services, or for any
25 other commercial purpose except the transportation of property
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1 for hire or the transportation of property for distribution by
2 a private carrier.
3 "(26)(27) IMPLEMENT OF HUSBANDRY. Every vehicle
4 designed and adapted exclusively for agricultural,
5 horticultural, or livestock raising operations or for lifting
6 or carrying an implement of husbandry and in either case not
7 subject to registration if used upon the highways.
8 "(27)(28) INTERSECTION. Any of the following:
9 "a. The area embraced within the prolongation or
10 connection of the lateral curb lines, or, if none, then the
11 lateral boundary lines of the roadways of two highways which
12 that join one another at, or approximately at, right angles,
13 or the area within which vehicles traveling upon different
14 highways joining at any other angle may come in conflict.
15 "b. Where a highway includes two roadways 30 feet or
16 more apart, then every crossing of each roadway of such
17 divided highway by an intersecting highway shall be regarded
18 as a separate intersection. In the event such the intersecting
19 highway also includes two roadways 30 feet or more apart, then
20 every crossing of two roadways of such highways shall be
21 regarded as a separate intersection.
22 "c. The junction of an alley with a street or
23 highway shall not constitute an intersection.
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1 "(28)(29) LANED ROADWAY. A roadway which that is
2 divided into two or more clearly marked lanes for vehicular
3 traffic.
4 "(29)(30) LICENSE or LICENSE TO OPERATE A MOTOR
5 VEHICLE. Any driver's license or any other license or permit
6 to operate a motor vehicle issued by the director under the
7 laws of this state, including any nonresident's operating
8 privilege as defined herein.
9 "(30)(31) LOCAL AUTHORITIES. Either of the
10 following:
11 "a. Every county commission.
12 "b. Every municipal and other local board or body
13 having authority to enact laws relating to traffic under the
14 constitution and laws of this state.
15 "(31)(32) MAIL. To deposit in the United States mail
16 properly addressed and with postage prepaid.
17 "(32)(33) METAL TIRE. Every tire the surface of
18 which in contact with the highway is wholly or partly of metal
19 or other hard, nonresilient material.
20 "(33)(34) MOTOR VEHICLE. Every vehicle which that is
21 self-propelled and every vehicle which that is propelled by
22 electric power obtained from overhead trolley wires, but not
23 operated upon rails, except for electric personal assistive
24 mobility devices and electric bicycles.
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1 "(34)(35) MOTORCYCLE. Every motor vehicle having a
2 seat or saddle for the use of the rider and designed to travel
3 on not more than three wheels in contact with the ground, but
4 excluding a tractor and an electric bicycle.
5 "(35)(36) MOTOR-DRIVEN CYCLE. Every motorcycle,
6 including every motor scooter, with a motor that produces not
7 more than five brake horsepower nor exceeds 150 cubic
8 centimeter engine displacement, and weighs less than 200
9 pounds fully equipped, and every bicycle with a motor
10 attached. The term does not include electric bicycles.
11 "(36)(37) NONRESIDENT. Every person individual who
12 is not a resident of this state.
13 "(37)(38) NONRESIDENT'S OPERATING PRIVILEGE. The
14 privilege conferred upon a nonresident by the laws of this
15 state pertaining to the operation by such person the
16 nonresident of a motor vehicle, or the use of a vehicle owned
17 by such person the nonresident, in this state.
18 "(38)(39) OFFICIAL TRAFFIC-CONTROL DEVICES. All
19 signs, signals, markings, and devices not inconsistent with
20 this title placed or erected by authority of a public body or
21 official having jurisdiction, for the purpose of regulating,
22 warning, or guiding traffic.
23 "(39)(40) OWNER. A person, other than a lienholder,
24 having the property in or title to a vehicle. The term
25 includes a person entitled to the use and possession of a
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1 vehicle subject to a security interest in another person, but
2 excludes a lessee under a lease not intended as security.
3 "(40)(41) PARK or PARKING. The standing of a
4 vehicle, whether occupied or not. The term does not include a
5 vehicle that is stopped temporarily for the purpose of and
6 actually engaged in loading or unloading merchandise or
7 passengers.
8 "(41)(42) PASSENGER CAR. Every motor vehicle, except
9 motorcycles and motor-driven cycles, designed for carrying 10
10 passengers or less and used for the transportation of persons
11 individuals.
12 "(42)(43) PEDESTRIAN. Any person individual afoot.
13 "(43)(44) PERSON. Every natural person individual,
14 firm, copartnership, association, or corporation.
15 "(44)(45) PNEUMATIC TIRE. Every tire in which
16 compressed air is designed to support the load.
17 "(45)(46) POLE TRAILER. Every vehicle without motive
18 power designed to be drawn by another vehicle and attached to
19 the towing vehicle by means of a reach or pole, or by being
20 boomed or otherwise secured to the towing vehicle, and
21 ordinarily used for transporting long or irregularly shaped
22 loads such as poles, pipes, or structural members capable,
23 generally, of sustaining themselves as beams between the
24 supporting connections.
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1 "(46)(47) POLICE OFFICER. Every officer authorized
2 to direct or regulate traffic or to make arrests for
3 violations of traffic regulations.
4 "(47)(48) PRIVATE ROAD or DRIVEWAY. Every way or
5 place in private ownership and used for vehicular travel by
6 the owner and those having express or implied permission from
7 the owner, but not by other persons.
8 "(48)(49) RAILROAD. A carrier of persons individuals
9 or property upon cars other than street cars, operated upon
10 stationary rails.
11 "(49)(50) RAILROAD SIGN or SIGNAL. Any sign, signal,
12 or device erected by authority of a public body or official or
13 by a railroad and intended to give notice of the presence of
14 railroad tracks or the approach of a railroad train.
15 "(50)(51) RAILROAD TRAIN. A steam engine, electric
16 or other motor, with or without cars coupled thereto, operated
17 upon rails.
18 "(51)(52) RECONSTRUCTED VEHICLE. Every vehicle of a
19 type required to be registered hereunder under this title
20 materially altered from its original construction by the
21 removal, addition, or substitution of essential parts, n