Louisiana Revised Statutes 32:204 – A. Except as otherwise provided in this Chapter, an electric-assisted bicycle or an operator of an electric-assisted bicycle shall be afforded all the rights and privileges, and shal
Terms Used In Louisiana Revised Statutes 32:204
- Bicycle: means every device upon which any person or persons, if the design accommodates passengers, may ride, propelled exclusively by human power, or an electric-assisted bicycle as defined in this Section, having a saddle or seat for each rider, and having two tandem wheels, either of which is sixteen inches or more in diameter, or three wheels, any one of which is twenty inches or more in diameter. See Louisiana Revised Statutes 32:1
- Bicycle path or trail: means a public way separated by open space, grade, or other physical barrier from motor traffic, either within the highway right-of-way or within an independent right-of-way, that is designated for use by persons riding bicycles. See Louisiana Revised Statutes 32:1
- Class three electric-assisted bicycle: means an electric-assisted bicycle equipped with a motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour. See Louisiana Revised Statutes 32:1
- Conviction: A judgement of guilt against a criminal defendant.
- Electric-assisted bicycle: means every bicycle upon which any person or persons, if the design accommodates passengers, may ride, having a saddle or seat for each rider, and having two tandem wheels, either of which is sixteen inches or more in diameter, or three wheels, any one of which is twenty inches or more in diameter, equipped with fully operable pedals, and an electric motor of less than seven hundred fifty watts that meets the requirement of one of the following classes:
(a) "Class one electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor, which provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour. See Louisiana Revised Statutes 32:1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Local municipal authority: means every council, commission, or other board given authority by the constitution and laws of this state to govern the affairs of a municipality. See Louisiana Revised Statutes 32:1
- Local parish authority: means every police jury, commission, council, or other board given authority by the constitution and laws of this state to govern the affairs of a parish of this state. See Louisiana Revised Statutes 32:1
- Operator: means every person, other than a chauffeur, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Louisiana Revised Statutes 32:1
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Vehicle: means every device by which persons or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks. See Louisiana Revised Statutes 32:1
A. Except as otherwise provided in this Chapter, an electric-assisted bicycle or an operator of an electric-assisted bicycle shall be afforded all the rights and privileges, and shall be subject to all of the duties, of a bicycle or the operator of a bicycle. An electric-assisted bicycle shall be considered a vehicle in the same regards as a bicycle.
B. On and after August 1, 2020, manufacturers and distributors of electric-assisted bicycles shall apply a label permanently affixed in a prominent location to each electric-assisted bicycle. The label shall contain the classification number, top-assisted speed, and motor wattage of the electric-assisted bicycle.
C. No person shall tamper with or modify an electric-assisted bicycle so as to change its classification, unless the manufacturer’s label indicating the classification is appropriately replaced.
D. An electric-assisted bicycle shall comply with the equipment and manufacturing requirement for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. part 1512).
E. An electric-assisted bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling or when the brakes are applied.
F. Except as otherwise provided by this Subsection, an electric-assisted bicycle may be ridden in places where bicycles are allowed, including but not limited to streets, highways, roadways, bicycle facilities, bicycle lanes, shared-use trails, bicycle paths, or trails.
(1) Following notice and public hearing, a local municipal authority, local parish authority, or state agency having jurisdiction over a shared-use trail or bicycle path or trail may prohibit the operation of Class one or Class two electric-assisted bicycles on such path or trail, if it finds that such a restriction is necessary for safety reasons or compliance with other laws or legal obligations.
(2) A local municipal authority, local parish authority, or state agency having jurisdiction over a shared-use trail or bicycle path or trail may prohibit the operation of Class three electric-assisted bicycles on such path or trail.
(3) This Subsection shall not apply to a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surface materials. A local municipal authority, local parish authority, or state agency having jurisdiction over a trail described in this Subsection may regulate the use of an electric-assisted bicycle on that trail.
G. No person under the age of twelve shall operate a Class three electric-assisted bicycle. A person under the age of twelve may ride as a passenger on a Class three electric-assisted bicycle designed to accommodate passengers.
H. All operators and passengers of a Class three electric-assisted bicycle shall wear an approved bicycle helmet.
(1) For the purpose of this Subsection, “approved helmet” shall have the same meaning as provided in La. Rev. Stat. 32:199.
(2) The issuance of a citation for a violation of this Section shall not be prima facie evidence of negligence. The comparable negligence statutes of Louisiana shall apply in these cases.
(3) The provisions of La. Rev. Stat. 32:57 shall not apply to a violation of this Section. Any person who violates any provision of this Section shall upon conviction be fined fifty dollars, which shall include all costs of court. Notwithstanding any contrary provision of law, no other cost or fee shall be assessed against any person for a violation of this Section. This fine shall be waived if the operator of the Class three electric-assisted bicycle provides proof of purchasing an approved helmet.
I. All Class three electric-assisted bicycles shall be equipped with a speedometer that displays the speed in miles per hour.
Acts 2020, No. 152, §1.