Senate Bill sb2454

    Florida Senate - 2002                                  SB 2454

    By Senator Dyer





    14-1605-02

  1                      A bill to be entitled

  2         An act relating to electric personal assistive

  3         mobility devices; amending s. 316.003, F.S.;

  4         defining the term "electric personal assistive

  5         mobility device"; creating s. 316.2068, F.S.;

  6         providing regulations for electric personal

  7         assistive mobility devices; providing an

  8         effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Subsection (21) of section 316.003, Florida

13  Statutes, is amended, and subsection (82) is added to that

14  section, to read:

15         316.003  Definitions.--The following words and phrases,

16  when used in this chapter, shall have the meanings

17  respectively ascribed to them in this section, except where

18  the context otherwise requires:

19         (21)  MOTOR VEHICLE.--Any self-propelled vehicle not

20  operated upon rails or guideway, but not including any

21  bicycle, electric personal assistive mobility device, or

22  moped.

23         (82)  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.--Any

24  self-balancing, two non-tandem wheeled device, designed to

25  transport only one person, with an electric propulsion system

26  with average power of 750 watts (1 h.p.), the maximum speed of

27  which, on a paved level surface when powered solely by such a

28  propulsion system while being ridden by an operator who weighs

29  170 pounds, is less than 20 mph. Electric personal assistive

30  mobility devices are not vehicles as defined in this section.

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    Florida Senate - 2002                                  SB 2454
    14-1605-02




  1         Section 2.  Section 316.2068, Florida Statutes, is

  2  created to read:

  3         316.2068  Electric personal assistive mobility devices;

  4  regulations.--

  5         (1)  An electric personal assistive mobility device, as

  6  defined in s. 316.003, may be operated:

  7         (a)  On a road or street where the posted speed limit

  8  is 25 miles per hour or less.

  9         (b)  On a marked bicycle path.

10         (c)  On any street or road where bicycles are

11  permitted.

12         (d)  At an intersection, to cross a road or street even

13  if the road or street has a posted speed limit of more than 25

14  miles per hour.

15         (d)  On a sidewalk if the person operating the device

16  yields the right-of-way to pedestrians and gives an audible

17  signal before overtaking and passing a pedestrian.

18         (2)  A valid driver's license is not a prerequisite to

19  operating an electric personal assistive mobility device.

20         (3)  Electric personal assistive mobility devices need

21  not be registered and insured in accordance with s. 320.02.

22         (4)  A person who is under the age of 16 years may not

23  operate, ride, or otherwise be propelled on an electric

24  personal assistive mobility device unless the person wears a

25  bicycle helmet that is properly fitted, that is fastened

26  securely upon his or her head by a strap, and that meets the

27  standards of the American National Standards Institute (ANSI Z

28  Bicycle Helmet Standards), the standards of the Snell Memorial

29  Foundation (1984 Standard for Protective Headgear for Use in

30  Bicycling), or any other nationally recognized standards for

31  bicycle helmets which are adopted by the department.

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    Florida Senate - 2002                                  SB 2454
    14-1605-02




  1         (7)  A county or municipality may prohibit the

  2  operation of electric personal assistive mobility devices on

  3  any road, street, or bicycle path under its jurisdiction if

  4  the governing body of the county or municipality determines

  5  that such a prohibition is necessary in the interest of

  6  safety.

  7         (8)  The Department of Transportation may prohibit the

  8  operation of electric personal assistive mobility devices on

  9  any road under its jurisdiction if it determines that such a

10  prohibition is necessary in the interest of safety.

11         Section 3.  This act shall take effect upon becoming a

12  law.

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15                          SENATE SUMMARY

16    Regulates the use of electric personal assistive mobility
      devices, as defined in this act.
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CODING: Words stricken are deletions; words underlined are additions.