Citations Affected: IC 9-13; IC 9-21; IC 9-25; IC 9-30; noncode.
Synopsis: Electric personal assistive mobility devices. Defines an
electric personal assistive mobility device as a self-balancing, two
nontandem wheeled device with certain other attributes. Excludes an
electric personal assistive mobility device from the definition of motor
vehicle and from various requirements in the motor vehicle code.
Prohibits a local authority from restricting the use of an electric
personal assistive mobility device on a path set aside for the exclusive
use of bicycles. Requires the state fair commission to allow the use of
electric personal assistive mobility devices at the state fairgrounds.
Effective: Upon passage.
January 10, 2002, read first time and referred to Committee on Transportation and
January 24, 2002, amended, reported favorably _ Do Pass.
January 28, 2002, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 9-13-2-49.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 49.3. "Electric personal assistive mobility
device" means a self-balancing, two nontandem wheeled device
that is designed to transport only one (1) person and that has the
(1) An electric propulsion system with average power of 750 watts or one (1) horsepower.
(2) A maximum speed of less than twenty (20) miles per hour when operated on a paved level surface, when powered solely by the propulsion system referred to in subdivision (1), and when operated by an operator weighing one hundred seventy (170) pounds.
SECTION 2. IC 9-13-2-105 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 105. (a) "Motor vehicle" means, except as otherwise provided in this section, a vehicle that is self-propelled. The term does not include a farm tractor,
implement of husbandry, or an electric personal assistive mobility
(b) "Motor vehicle", for purposes of IC 9-21, means:
(1) a vehicle except a motorized bicycle that is self-propelled; or
(2) a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(c) "Motor vehicle", for purposes of IC 9-25, means a vehicle that is self-propelled upon a highway in Indiana. The term does not include a farm tractor.
(d) "Motor vehicle", for purposes of IC 9-30-10, does not include a motorized bicycle.
SECTION 3. IC 9-13-2-109 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 109. "Motorized bicycle" means a two (2) or three (3) wheeled vehicle that is propelled by an internal combustion engine or a battery powered motor, and if powered by an internal combustion engine, has the following:
(1) An engine rating of not more than two (2) horsepower and a cylinder capacity not exceeding fifty (50) cubic centimeters.
(2) An automatic transmission.
(3) A maximum design speed of not more than twenty-five (25) miles per hour on a flat surface.
The term does not include an electric personal assistive mobility device.
SECTION 4. IC 9-13-2-196 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 196. (a) "Vehicle" means, except as otherwise provided in this section, a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway.
(b) "Vehicle", for purposes of IC 9-14 through IC 9-18, does not include the following:
(1) A device moved by human power.
(2) A vehicle that runs only on rails or tracks.
(3) A vehicle propelled by electric power obtained from overhead trolley wires but not operated upon rails or tracks.
(4) A firetruck and apparatus owned by a person or municipal division of the state and used for fire protection.
(5) A municipally owned ambulance.
(6) A police patrol wagon.
(7) A vehicle not designed for or employed in general highway transportation of persons or property and occasionally operated or moved over the highway, including the following:
(A) Road construction or maintenance machinery.
80 IAC 4-3-5 (d) and (e) to exclude a person who uses an electric
personal assistive mobility device upon the fairgrounds from the
insurance requirements of those subsections.
(h) The commission shall carry out the duties imposed upon it under this SECTION under interim guidelines that are approved by the executive director and authorized by the adoption of a resolution by the commission under IC 15-1.5-2-9(c)(1).
(i) This SECTION expires on the earlier of the following:
(1) The dates rules are adopted under subsections (f) and (g) of this SECTION.
(2) December 31, 2003.
SECTION 11. An emergency is declared for this act.