Be it enacted by the General Assembly of the State of Indiana:
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 (2) nontandem wheeled device
that is designed to transport only one (1) person and that has the
following:
(1) An electric propulsion system with average power of seven
hundred fifty (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, or an
implement of husbandry, or an electric personal assistive mobility
device.
(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.
(B) A movable device designed, used, or maintained to alert
motorists of hazardous conditions on highways.
(C) Construction dust control machinery.
(D) Well boring apparatus.
(E) Ditchdigging apparatus.
suspension of the person's current driving license or vehicle
registration, or both, under this article.
SECTION 9. IC 9-30-7-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 0.5. This chapter does not apply to the
operator of an electric personal assistive mobility device.
SECTION 10. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "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 following:
(1) An electric propulsion system with average power of seven
hundred fifty (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.
(b) As used in this SECTION, "commission" refers to the state
fair commission established by IC 15-1.5-2-1.
(c) As used in this SECTION, "executive director" refers to the
executive director of the commission employed under
IC 15-1.5-2-9.
(d) As used in this SECTION, "fairgrounds" has the meaning
set forth in IC 15-1.5-1-7.
(e) As used in this SECTION, "motorized cart" means any
conveyance that is motor driven, either by gas or electricity, that
is used to carry passengers or equipment, and that is smaller than
normal road type vehicles such as cars, recreational vehicles, and
trucks.
(f) Notwithstanding IC 9-13-2-109, as amended by this act, and
notwithstanding 80 IAC 4-3-3(a), an electric personal assistive
mobility device is considered to be a motorized cart and may be
used upon the fairgrounds.
(g) Before January 1, 2003, the commission shall amend 80
IAC 4-3-3 to permit the use of an electric personal assistive
mobility device upon the fairgrounds as a motorized cart.
(h) Before January 1, 2003, the commission shall amend 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.
(i) 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).
(j) This SECTION expires on the earlier of the following:
(1) The dates rules are adopted under subsections (f), (g), and
(h) of this SECTION.
(2) December 31, 2003.
SECTION 11. An emergency is declared for this act.