HOUSE BILL NO. 186
INTRODUCED BY BERGREN
BY REQUEST OF THE DEPARTMENT OF JUSTICE
AN ACT REGULATING THE OPERATION OF VARIOUS TYPES OF VEHICLES; DEFINING "MOTORIZED NONSTANDARD VEHICLE" AND "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE"; PROHIBITING THE OPERATION OF MOTORIZED NONSTANDARD VEHICLES ON CERTAIN WAYS OF THIS STATE OPEN TO THE PUBLIC UNLESS AUTHORIZED BY THE LOCAL GOVERNING BODY; AUTHORIZING THE OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES ON CERTAIN SIDEWALKS, ROADS, AND STREETS; REVISING THE DEFINITIONS OF "MOTOR VEHICLE", "MOTORCYCLE", AND "MOTOR-DRIVEN CYCLE"; CLARIFYING THAT LOCAL AUTHORITIES MAY REGULATE MOTORIZED NONSTANDARD VEHICLES ON SIDEWALKS, STREETS, AND HIGHWAYS UNDER THEIR JURISDICTION; AMENDING SECTIONS 33-23-204, 61-1-102, 61-1-105, 61-1-106, AND 61-12-101, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Motorized nonstandard vehicle. (1) "Motorized nonstandard vehicle" means a vehicle, upon or by which a person may be transported, that:
(a) is propelled by its own power, using an internal combustion engine or an electric motor;
(b) has a wheelbase of less than 40 inches and a wheel diameter of less than 10 inches; and
(c) does not display a manufacturer's certification in accordance with 49 CFR, part 567, or have a 17-character vehicle identification number assigned by the manufacturer in accordance with 49 CFR, part 565.
(2) The term includes but is not limited to a motorized skateboard and a vehicle commonly known as a "pocket rocket".
(3) The term does not include an electric personal assistive mobility device, as defined in [section 2], or a motorized wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person.
Section 2. Electric personal assistive mobility device. "Electric personal assistive mobility device" means a device that has two nontandem wheels, is self-balancing, and is designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 12 1/2 miles an hour.
Section 3. Unlawful operation of motorized nonstandard vehicle -- exception. A person may not operate a motorized nonstandard vehicle on ways of this state open to the public unless the operation is specifically authorized by ordinance or regulation passed by the local governing body of the county, city, or town for a public way under its jurisdiction.
Section 4. Authorized operation of electric personal assistive mobility devices. Electric personal assistive mobility devices, as defined in [section 2], are permitted to operate on sidewalks, unless they are prohibited by official traffic control devices, on bike paths, and on roads and streets that have a speed limit of 35 miles an hour or less.
Section 5. Section 33-23-204, MCA, is amended to read:
"33-23-204. Definitions. As used in this part, the following definitions apply:
(1) (a) "Motor vehicle" means a vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state.
(b) The term does not include a bicycle as defined in 61-1-123 bicycle, as defined in 61-1-123, an electric personal assistive mobility device, as defined in [section 2], and a motorized nonstandard vehicle, as defined in [section 1].
(2) "Motor vehicle liability policy" means a policy of automobile or motor vehicle insurance against liability required under Title 61, chapter 6, parts 1 and 3, and all additional coverages included in or added to the policy by rider, endorsement, or otherwise, whether or not required under Title 61, including, without limitation, uninsured, underinsured, and medical payment coverages."
Section 6. Section 61-1-102, MCA, is amended to read:
"61-1-102. Motor vehicle. (1) "Motor vehicle":
(a) means a vehicle propelled by its own power and designed or used to transport persons or property upon the highways of the state;
(b) for the purpose of chapter 3, includes trailers and semitrailers;
(c) for the purpose of chapter 3, parts 1 and 2, includes campers, as defined in 61-1-129, motorboats and personal watercraft, as defined in 23-2-502, sailboats, as defined in 23-2-502, that are 12 feet in length or longer, and snowmobiles, as defined in 23-2-601.
(2) The term does not include a bicycle as defined in 61-1-123 bicycle, as defined in 61-1-123, an electric personal assistive mobility device, as defined in [section 2], and a motorized nonstandard vehicle, as defined in [section 1]."
Section 7. Section 61-1-105, MCA, is amended to read:
"61-1-105. Motorcycle. (1) "Motorcycle" means a motor vehicle having not more than three wheels in contact with the ground and a saddle on which the operator sits or a platform on which he stands and a driving wheel in contact with the ground in addition to the wheels of the vehicle itself a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground.
(2) A motorcycle may carry one or more attachments and a seat for the conveyance of a passenger.
(3) The term does not include a tractor, or a bicycle as defined in 61-1-123 a motorized nonstandard vehicle, as defined in [section 1], or a two- or three-wheeled all-terrain vehicle that is used exclusively on private property."
Section 8. Section 61-1-106, MCA, is amended to read:
"61-1-106. Motor-driven cycle. (1) "Motor-driven cycle" means every a motorcycle, including every a motor scooter, with a motor which produces not to exceed 5 horsepower that produces five-brake horsepower or less. The term does not include a bicycle as defined in 61-1-123.
(2) The term does not include a motorized nonstandard vehicle, as defined in [section 1]."
Section 9. Section 61-12-101, MCA, is amended to read:
"61-12-101. Powers of local authorities to regulate traffic. The provisions of chapter chapters 8 and chapter 9 shall not be deemed to do not prevent local authorities with respect to sidewalks, streets, and highways under their jurisdiction and within the reasonable exercise of the police power from:
(1) regulating the standing or parking of vehicles;
(2) regulating the traffic by means of police officers or traffic control devices;
(3) regulating or prohibiting processions or assemblages on the highways;
(4) designating particular highways as one-way highways and requiring that all vehicles thereon on those highways be moved in one specific direction;
(5) regulating the speed of vehicles in public parks;
(6) designating any highway as a through highway and requiring that all the vehicles stop before entering or crossing the same, a through highway and designating any intersection as a stop intersection, and requiring all vehicles to stop at one or more entrances to such stop intersections;
(7) restricting the use of highways as authorized in 61-10-128(2);
(8) regulating the operation of bicycles and requiring the registration and licensing of same bicycles, including the requirement of requiring a registration fee;
(9) regulating or prohibiting the turning of vehicles or specified types of vehicles at intersections;
(10) altering the speed limits as authorized herein in Title 7, chapter 14, and Title 61, chapter 8;
(11) regulating the driving operating of vehicles a vehicle by any a person who is an a habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which that renders him the person incapable of safely driving operating a vehicle within the incorporated limits of any city or town;
(12) regulating or prohibiting any a person who is under the influence of intoxicating liquor from driving operating or being in actual physical control of any a vehicle within the incorporated limits of any a city or town;
(13) regulating or prohibiting the driving of vehicles operation of a vehicle by any a person in a willful or wanton disregard for the safety of persons or property within the incorporated limits of any a city or town;
(14) enacting as ordinances any and all provisions of chapter 8 or chapter 9 and any and all other laws regulating traffic, pedestrians, vehicles, and operators thereof of vehicles, not in conflict with state law or federal regulations and to enforce the same within their jurisdiction ordinances; and
(15) regulating the operation of motorized nonstandard vehicles, as defined in [section 1], on sidewalks, streets, and highways."
Section 10. Codification instruction. (1) [ Sections 1 and 2] are intended to be codified as an integral part of Title 61, chapter 1, part 1, and the provisions of Title 61, chapter 1, part 1, apply to [ sections 1 and 2].
(2) [Sections 3 and 4] are intended to be codified as an integral part of Title 61, chapter 8, part 3, and the provisions of Title 61, chapter 8, part 3, apply to [ sections 3 and 4].
Section 11. Coordination instruction. If Senate Bill No. 285 and [this act] are both passed and approved, then [section 1 of this act] is void, internal references to [section 1] in [this act] are changed to 61-1-101, and the following definition is inserted into 61-1-101 as amended by Senate Bill No. 285:
"(28) (a) "Motorized nonstandard vehicle" means a vehicle, upon or by which a person may be transported, that:
(i) is propelled by its own power, using an internal combustion engine or an electric motor;
(ii) has a wheelbase of less than 40 inches and a wheel diameter of less than 10 inches; and
(iii) does not display a manufacturer's certification in accordance with 49 CFR, part 567, or have a 17-character vehicle identification number assigned by the manufacturer in accordance with 49 CFR, part 565.
(b) The term includes but is not limited to a motorized skateboard and a vehicle commonly known as a "pocket rocket".
(c) The term does not include an electric personal assistive mobility device or a motorized wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person."
Section 12. Coordination instruction. If Senate Bill No. 285 and [this act] are both passed and approved, then [section 2 of this act] is void, internal references to [section 2] in [this act] are changed to 61-1-101, and the following definition is inserted into 61-1-101 as amended by Senate Bill No. 285:
"(13) "Electric personal assistive mobility device" means a device that has two nontandem wheels, is self-balancing, and is designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 12 1/2 miles an hour."
Section 13. Coordination instruction. If Senate Bill No. 285 and [this act] are both passed and approved, then subsection (b) of the definition of "motorcycle" in 61-1-101 as amended by Senate Bill No. 285 reads:
"(b) The term does not include a tractor, a bicycle as defined in 61-8-102, a motorized nonstandard vehicle, or a two- or three-wheeled all-terrain vehicle that is used exclusively on private property."
Section 14. Coordination instruction. If Senate Bill No. 285 and [this act] are both passed and approved, then subsection (b) of the definition of "motor-driven cycle" in 61-1-101 as amended by Senate Bill No. 285 reads:
"(b) The term does not include a bicycle as defined in 61-8-102 or a motorized nonstandard vehicle."
Section 15. Effective date. [This act] is effective on passage and approval.
- END -
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