41-6a-1115.5.  Electric assisted bicycles — Restrictions — Penalties.

(1)  Except as otherwise provided in this section, an electric assisted bicycle is subject to the provisions under this chapter for a bicycle.

Terms Used In Utah Code 41-6a-1115.5

  • Bicycle: includes an electric assisted bicycle. See Utah Code 41-6a-102
  • Direct supervision: means oversight at a distance within which:
(a) visual contact is maintained; and
(b) advice and assistance can be given and received. See Utah Code 41-6a-102
  • Electric assisted bicycle: means a bicycle with an electric motor that:
    (a) has a power output of not more than 750 watts;
    (b) has fully operable pedals on permanently affixed cranks;
    (c) is fully operable as a bicycle without the use of the electric motor; and
    (d) is one of the following:
    (i) an electric assisted bicycle equipped with a motor or electronics that:
    (A) provides assistance only when the rider is pedaling; and
    (B) ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour;
    (ii) an electric assisted bicycle equipped with a motor or electronics that:
    (A) may be used exclusively to propel the bicycle; and
    (B) is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour; or
    (iii) an electric assisted bicycle equipped with a motor or electronics that:
    (A) provides assistance only when the rider is pedaling;
    (B) ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; and
    (C) is equipped with a speedometer. See Utah Code 41-6a-102
  • Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mobility disability: means the inability of a person to use one or more of the person's extremities or difficulty with motor skills, that may include limitations with walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other condition. See Utah Code 41-6a-102
  • Operate: means the same as that term is defined in Section 41-1a-102. See Utah Code 41-6a-102
  • Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Sidewalk: means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. See Utah Code 41-6a-102
  • Soft-surface trail: means a marked trail surfaced with sand, rock, or dirt that is designated for the use of a bicycle. See Utah Code 41-6a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
    • (2)  An individual may operate an electric assisted bicycle on a path or trail designated for the use of a bicycle.

    (3) 

    (a)  A local authority or state agency may adopt an ordinance or rule to regulate or restrict the use of an electric assisted bicycle, or a specific classification of an electric assisted bicycle, on a sidewalk, path, or trail within the jurisdiction of the local authority or state agency.

    (b)  When enacting ordinances or making rules related to the use of a pathway or soft-surface trail, and during the planning or construction of a pathway or soft-surface trail, a local authority or state agency shall consider accommodations and increased trail access by a person with a mobility disability.

    (4)  An individual under 16 years old may not operate a class 3 electric assisted bicycle.

    (5)  An individual under 14 years old may not operate an electric assisted bicycle with the electric motor engaged on any public property, highway, path, or sidewalk unless the individual is under the direct supervision of the individual’s parent or guardian.

    (6)  An individual under eight years old may not operate an electric assisted bicycle with the electric motor engaged on any public property, highway, path, or sidewalk.

    (7)  The owner of an electric assisted bicycle may not authorize or knowingly permit an individual to operate an electric assisted bicycle in violation of this section.

    (8) 

    (a)  Beginning January 1, 2017, each Utah-based manufacturer of an electric assisted bicycle and each distributor of an electric assisted bicycle in Utah shall permanently affix a label in a prominent location on the electric assisted bicycle.

    (b)  Each manufacturer and each distributer shall ensure that the label is printed in Arial font, in 9-point type or larger, and includes the:

    (i)  appropriate electric assisted bicycle classification number described in Section 41-6a-102;

    (ii)  top assisted speed; and

    (iii)  wattage of the motor.

    (9)  An individual who violates this section is guilty of an infraction.

    (10)  A class 2 electric assisted bicycle is subject to the restrictions of Section 41-6a-526.

    Amended by Chapter 86, 2022 General Session

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