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A1538
ASSEMBLY, No. 1538
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
SYNOPSIS
���� Reclassifies electric bicycles; establishes certain
regulations for electric bicycles, motorized bicycles, storage batteries, and
charging systems.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning electric bicycles and motorized bicycles, amending R.S.39:1-1,
P.L.2019, c.121, and P.L.2021, c.194, and supplementing Title 56 of the Revised
Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� R.S.39:1-1 is amended to
read as follows:
���� 39:1-1.� As used in this
subtitle, unless other meaning is clearly apparent from the language or
context, or unless inconsistent with the manifest intention of the Legislature:
���� "Alley" means a
public highway wherein the roadway does not exceed 12 feet in width.
���� "Authorized emergency
vehicles" means vehicles of the fire department, police vehicles and such
ambulances and other vehicles as are approved by the chief administrator when
operated in response to an emergency call.
���� "Autocycle" means a
three-wheeled motorcycle designed to be controlled with a steering wheel and
pedals in which the operator and passenger may ride in a completely or
partially enclosed seating area that is equipped with a roll cage or roll hoops,
safety seat belts for each occupant, and anti-lock brakes.
���� "Automobile"
includes all motor vehicles except motorcycles.
���� "Berm" means that
portion of the highway exclusive of roadway and shoulder, bordering the
shoulder but not to be used for vehicular travel.
���� "Business district"
means that portion of a highway and the territory contiguous thereto, where
within any 600 feet along such highway there are buildings in use for business
or industrial purposes, including but not limited to hotels, banks, office
buildings, railroad stations, and public buildings which occupy at least 300
feet of frontage on one side or 300 feet collectively on both sides of the
roadway.
���� "Car pool" means two
or more persons commuting on a daily basis to and from work by means of a
vehicle with a seating capacity of nine passengers or less.
���� "Chief
Administrator" or "Administrator" means the Chief Administrator
of the New Jersey Motor Vehicle Commission.
����
��Class 1 electric bicycle�
means a two-wheeled vehicle with fully-operable pedals; a saddle or seat for
the rider; and an electric motor of less than 750 watts that provides
assistance only when the rider is pedaling and that ceases to provide
assistance when the bicycle reaches the speed of 20 miles per hour.
����
�Class 2 electric bicycle�
means a two-wheeled vehicle with fully-operable pedals; a saddle or seat for
the rider; and an electric motor of less than 750 watts that may be used
exclusively to propel the bicycle and is not capable of providing assistance
when the bicycle reaches the speed of 20 miles per hour.
�������
���� "Commercial motor
vehicle" includes every type of motor-driven vehicle used for commercial
purposes on the highways, such as the transportation of goods, wares and
merchandise, excepting such vehicles as are run only upon rails or tracks and
vehicles of the passenger car type used for touring purposes or the carrying of
farm products and milk, as the case may be.
���� "Commission" means
the New Jersey Motor Vehicle Commission established by section 4 of P.L.2003,
c.13 (C.39:2A-4).
���� "Commissioner" means
the Commissioner of Transportation of this State.
���� "Commuter van" means
a motor vehicle having a seating capacity of not less than seven nor more than
15 adult passengers, in which seven or more persons commute on a daily basis to
and from work and which vehicle may also be operated by the driver or other
designated persons for their personal use.
���� "Crosswalk" means
that part of a highway at an intersection, either marked or unmarked existing
at each approach of every roadway intersection, included within the connections
of the lateral lines of the sidewalks on opposite sides of the highway measured
from the curbs or, in the absence of curbs, from the edges of the shoulder, or,
if none, from the edges of the roadway; also, any portion of a highway at an
intersection or elsewhere distinctly indicated for pedestrian crossing by lines
or other marking on the surface.
���� "Curb extension" or
"bulbout" means a horizontal extension of the sidewalk into the
street which results in a narrower roadway section.
���� "Dealer" includes
every person actively engaged in the business of buying, selling or exchanging
motor vehicles or motorcycles and who has an established place of business.
���� "Deputy Chief
Administrator" means the deputy chief administrator of the commission.
���� "Driver" means the
rider or driver of a horse, bicycle or motorcycle or the driver or operator of
a motor vehicle, unless otherwise specified.
���� "Explosives" means
any chemical compound or mechanical mixture that is commonly used or intended
for the purpose of producing an explosion and which contains any oxidizing and
combustive units or other ingredients in such proportions, quantities or
packing that an ignition by fire, friction, by concussion, by percussion, or by
detonator of any part of the compound or mixture may cause such a sudden
generation of highly heated gases that the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects or of destroying
life or limb.
���� "Farm tractor" means
every motor vehicle designed and used primarily as a farm implement for drawing
plows, mowing machines, and other implements of husbandry.
���� "Flammable liquid"
means any liquid having a flash point below 200 degrees Fahrenheit, and a vapor
pressure not exceeding 40 pounds.
���� "Gross weight" means
the combined weight of a vehicle and a load thereon.
���� "High occupancy
vehicle" or "HOV" means a vehicle which is used to transport two
or more persons and shall include public transportation, car pool, van pool,
and other vehicles as determined by regulation of the Department of Transportation.
���� "Highway" means the
entire width between the boundary lines of every way publicly maintained when
any part thereof is open to the use of the public for purposes of vehicular
travel.
���� "Horse" includes
mules and all other domestic animals used as draught animals or beasts of
burden.
���� "Inside lane" means
the lane nearest the center line of the roadway.
���� "Intersection" means
the area embraced within the prolongation of the lateral curb lines or, if
none, the lateral boundary lines of two or more highways which join one another
at an angle, whether or not one such highway crosses another.
���� "Laned roadway"
means a roadway which is divided into two or more clearly marked lanes for
vehicular traffic.
���� "Leased limousine"
means any limousine subject to regulation in the State which:
���� a.��� Is offered for rental or
lease, without a driver, to be operated by a limousine service as the lessee,
for the purpose of carrying passengers for hire; and
���� b.��� Is leased or rented for
a period of one year or more following registration.
���� "Leased motor
vehicle" means any motor vehicle subject to registration in this State
which:
���� a.��� Is offered for rental or
lease, without a driver, to be operated by the lessee, his agent or servant,
for purposes other than the transportation of passengers for hire; and
���� b.��� Is leased or rented for
a period of one year or more following registration.
���� "Limited-access
highway" means every highway, street, or roadway in respect to which
owners or occupants of abutting lands and other persons have no legal right of
access to or from the same except at such points only and in such manner as may
be determined by the public authority having jurisdiction over such highway,
street, or roadway; and includes any highway designated as a
"freeway" or "parkway" by authority of law.
���� "Local authorities"
means every county, municipal and other local board or body having authority to
adopt local police regulations under the Constitution and laws of this State,
including every county governing body with relation to county roads.
����
�[
"Low-speed electric
bicycle" means a two or three-wheeled vehicle with fully operable pedals
and an electric motor of less than 750 watts, that meets the requirements of
one of the following classifications: "class 1 low-speed electric bicycle"
which means a low-speed electric bicycle equipped with a motor that (1) provides
assistance only when the rider is pedaling, and that (2) ceases to provide
assistance when the bicycle reaches the speed of 20 miles per hour, and (3) is
not capable of providing assistance to reach speeds greater than 20 miles per
hour; or "class 2 low-speed electric bicycle'' which means a low-speed
electric bicycle equipped with a motor that (1) may be used exclusively to
propel the bicycle, and that and (2) is not capable of providing assistance
when the bicycle reaches the speed of 20 miles per hour.
]
���� "Low-speed electric
scooter" means a scooter with a floorboard that can be stood upon by the
operator, with handlebars, and an electric motor that is capable of propelling
the device with or without human propulsion at a maximum speed of less than 19
miles per hour.
���� "Low-speed vehicle"
means a four-wheeled low-speed vehicle, as defined in 49 C.F.R. s.571.3(b),
whose attainable speed is more than 20 miles per hour but not more than 25
miles per hour on a paved level surface and which is not powered by gasoline or
diesel fuel and complies with federal safety standards as set forth in 49
C.F.R. s.571.500.
���� "Magistrate" means
any municipal court and the Superior Court, and any officer having the powers
of a committing magistrate and the chief administrator.
���� "Manufacturer" means
a person engaged in the business of manufacturing or assembling motor vehicles,
who will, under normal business conditions during the year, manufacture or
assemble at least 10 new motor vehicles.
���� "Metal tire" means
every tire the surface of which in contact with the highway is wholly or partly
of metal or other hard nonresilient material.
���� "Mid-block
crosswalk" means a crosswalk located away from an intersection, distinctly
indicated by lines or markings on the surface.
���� "Motorized bicycle"
means a pedal bicycle having a helper motor
characterized in that either
the maximum piston displacement is less than 50 cc. or said motor is rated at
no more than 1.5 brake horsepower or is powered by an electric drive motor and
said bicycle is capable of a maximum speed of no more than 25 miles per hour on
a flat surface or a pedal bicycle having an electric motor that is capable of
propelling the bicycle in excess of 20 miles per hour with a maximum
motor-powered speed of no more than 28 miles per hour on a flat surface.� �This
term shall not include a
[
low-speed
]
class 1
electric bicycle, class 2
electric bicycle
,
or low-speed electric
scooter as defined in this section.
���� "Motorcycle"
includes motorcycles, autocycles, motor bikes, bicycles with motor attached and
all motor-operated vehicles of the bicycle or tricycle type, except motorized
bicycles,
[
low-speed
]
class 1
electric bicycles, class 2
electric bicycles, and low-speed electric
scooters as defined in this section, whether the motive power be a part thereof
or attached thereto and having a saddle or seat with driver sitting astride or
upon it or a platform on which the driver stands.
���� "Motor-drawn
vehicle" includes trailers, semitrailers, or any other type of vehicle
drawn by a motor-driven vehicle.
���� "Motor vehicle"
includes all vehicles propelled otherwise than by muscular power, excepting
such vehicles as run only upon rails or tracks,
[
low-speed
]
class 1
electric bicycles, class 2
electric bicycles, low-speed electric scooters,
and motorized bicycles.
���� "Motorized scooter"
means a miniature motor vehicle and includes, but is not limited to, pocket
bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini
choppers, mini motorcycles, motorized skateboards and other vehicles with motors
not manufactured in compliance with Federal Motor Vehicle Safety Standards and
which have no permanent Federal Safety Certification stickers affixed to the
vehicle by the original manufacturer.� This term shall not include: electric
personal assistive mobility devices, motorized bicycles, low-speed vehicles,
[
low-speed
]
class 1
electric bicycles, class 2
electric bicycles, or low-speed electric
scooters; or motorized wheelchairs, mobility scooters or similar mobility
assisting devices used by persons with physical disabilities, or persons whose
ambulatory mobility has been impaired by age or illness.
���� "Motorized
skateboard" means a skateboard that is propelled otherwise than by
muscular power.
���� "Motorized
wheelchair" means any motor-driven wheelchair utilized to increase the
independent mobility, in the activities of daily living, of an individual who
has limited or no ambulation abilities, and includes mobility scooters
manufactured specifically for such purposes and designed primarily for indoor
use.
���� "Noncommercial
truck" means every motor vehicle designed primarily for transportation of
property, and which is not a "commercial vehicle."
���� "Official traffic control
devices" means all signs, signals, markings, and devices not inconsistent
with this subtitle placed or erected by authority of a public body or official
having jurisdiction for the purpose of regulating, warning, or guiding traffic.
���� "Omnibus" includes
all motor vehicles used for the transportation of passengers for hire, except
commuter vans and vehicles used in ridesharing arrangements and school buses,
if the same are not otherwise used in the transportation of passengers for
hire.
���� "Operator" means a
person who is in actual physical control of a vehicle or street car.
���� "Outside lane" means
the lane nearest the curb or outer edge of the roadway.
���� "Owner" means a
person who holds the legal title of a vehicle, or if a vehicle is the subject
of an agreement for the conditional sale or lease thereof with the right of
purchase upon performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or lessee, or if
a mortgagor of a vehicle is entitled to possession, then the conditional
vendee, lessee or mortgagor shall be deemed the owner for the purpose of this
subtitle.
���� "Parking" means the
standing or waiting on a street, road or highway of a vehicle not actually
engaged in receiving or discharging passengers or merchandise, unless in
obedience to traffic regulations or traffic signs or signals.
���� "Passenger
automobile" means all automobiles used and designed for the transportation
of passengers, other than omnibuses and school buses.
���� "Pedestrian" means a
person afoot.
���� "Pedicab" means a
wheeled device that: (1) contains three or more wheels; (2) is designed to
transport passengers and be propelled by muscular power using pedals; (3) is
designed to accommodate no more than 15 passengers in addition to the driver;
(4) is operated for hire; and (5) if equipped with a motor, is equipped with an
electric motor that meets the classifications of a class 1
[
or class 2
low-speed
]
electric bicycle or a class 2
electric bicycle.� A pedicab shall not be
considered a motor vehicle or a motorcycle.
���� "Person" includes
natural persons, firms, copartnerships, associations, and corporations.
���� "Pneumatic tire"
means every tire in which compressed air is designed to support the load.
���� "Pole trailer" means
every vehicle without motive power designed to be drawn by another vehicle and
attached to the towing vehicle by means of a reach, or pole, or by being boomed
or otherwise secured to the towing vehicle, and ordinarily used for
transporting long or irregularly shaped loads, such as poles, pipes, or
structural members capable, generally, of sustaining themselves as beams
between the supporting connections.
���� "Private road or
driveway" means every road or driveway not open to the use of the public
for purposes of vehicular travel.
���� "Railroad train"
means a steam engine, electric or other motor, with or without cars coupled
thereto, operated upon rails, except street cars.
���� "REAL ID basic driver's
license" means a basic driver's license issued by the commission that
complies with the provisions of the "REAL ID Act of 2005,"
Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal
regulations adopted thereunder.
���� "REAL ID identification
card" means an identification card issued by the commission that complies
with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any
acts amendatory or supplementary thereto, and any federal regulations adopted
thereunder.
���� "REAL ID license"
means any license to operate a motor vehicle issued by the commission that
complies with the provisions of the "REAL ID Act of 2005,"
Pub.L.109-13, any acts amendatory or supplementary thereto, and any federal
regulations adopted thereunder.
���� "REAL ID motorcycle
license" means a motorcycle license issued by the commission that complies
with the provisions of the "REAL ID Act of 2005," Pub.L.109-13, any acts
amendatory or supplementary thereto, and any federal regulations adopted
thereunder.
���� "REAL ID probationary
license" means a probationary license issued by the commission that
complies with the provisions of the "REAL ID Act of 2005,"
P.L.109-13, any acts amendatory or supplementary thereto, and any federal
regulations adopted thereunder.
���� "Recreation vehicle"
means a self-propelled or towed vehicle equipped to serve as temporary living
quarters for recreational, camping or travel purposes and used solely as a
family or personal conveyance.
���� "Residence district"
means that portion of a highway and the territory contiguous thereto, not
comprising a business district, where within any 600 feet along such highway
there are buildings in use for business or residential purposes which occupy
300 feet or more of frontage on at least one side of the highway.
���� "Ridesharing" means
the transportation of persons in a motor vehicle, with a maximum carrying
capacity of not more than 15 passengers, including the driver, where such
transportation is incidental to the purpose of the driver.� The term shall include
such ridesharing arrangements known as car pools and van pools.
���� "Right-of-way" means
the privilege of the immediate use of the highway.
���� "Road tractor" means
every motor vehicle designed and used for drawing other vehicles and not so
constructed as to carry any load thereon either independently or any part of
the weight of a vehicle or load so drawn.
���� "Roadway" means that
portion of a highway improved, designed, or ordinarily used for vehicular
travel, exclusive of the berm or shoulder.� In the event a highway includes two
or more separate roadways, the term "roadway" as used herein shall
refer to any such roadway separately, but not to all such roadways,
collectively.
���� "Safety zone" means
the area or space officially set aside within a highway for the exclusive use
of pedestrians, which is so plainly marked or indicated by proper signs as to
be plainly visible at all times while set apart as a safety zone.
���� "School bus" means
every motor vehicle operated by, or under contract with, a public or
governmental agency, or religious or other charitable organization or
corporation, or privately operated for the transportation of children to or
from school for secular or religious education, which complies with the
regulations of the New Jersey Motor Vehicle Commission affecting school buses,
including "School Vehicle Type I" and "School Vehicle Type
II" as defined below:
���� "School Vehicle Type
I" means any vehicle designed to transport 16 or more passengers,
including the driver, used to transport enrolled children, and adults only when
serving as chaperones, to or from a school, school connected activity, day camp,
summer day camp, summer residence camp, nursery school, child care center,
preschool center or other similar places of education.� Such vehicle shall
comply with the regulations of the New Jersey Motor Vehicle Commission and
either the Department of Education or the Department of Human Services,
whichever is the appropriate supervising agency.
���� "School Vehicle Type
II" means any vehicle designed to transport less than 16 passengers,
including the driver, used to transport enrolled children, and adults only when
serving as chaperones, to or from a school, school connected activity, day
camp, summer day camp, summer residence camp, nursery school, child care
center, preschool center or other similar places of education. Such vehicle
shall comply with the regulations of the New Jersey Motor Vehicle Commission
and either the Department of Education or the Department of Human Services,
whichever is the appropriate supervising agency.
���� "School zone" means
that portion of a highway which is either contiguous to territory occupied by a
school building or is where school crossings are established in the vicinity of
a school, upon which are maintained appropriate "school signs" in
accordance with specifications adopted by the chief administrator and in
accordance with law.
���� "School crossing"
means that portion of a highway where school children are required to cross the
highway in the vicinity of a school.
���� "Semitrailer" means
every vehicle with or without motive power, other than a pole trailer, designed
for carrying persons or property and for being drawn by a motor vehicle and so
constructed that some part of its weight and that of its load rests upon or is
carried by another vehicle.
���� "Shipper" means any
person who shall deliver, or cause to be delivered, any commodity, produce or
article for transportation as the contents or load of a commercial motor
vehicle.� In the case of a sealed ocean container, "shipper" shall
not be construed to include any person whose activities with respect to the
shipment are limited to the solicitation or negotiation of the sale, resale, or
exchange of the commodity, produce or article within that container.
���� "Shoulder" means
that portion of the highway, exclusive of and bordering the roadway, designed
for emergency use but not ordinarily to be used for vehicular travel.
���� "Sidewalk" means
that portion of a highway intended for the use of pedestrians, between the curb
line or the lateral line of a shoulder, or if none, the lateral line of the
roadway and the adjacent right-of-way line.
���� "Sign." See
"Official traffic control devices."
���� "Slow-moving
vehicle" means a vehicle run at a speed less than the maximum speed then
and there permissible.
���� "Solid tire" means
every tire of rubber or other resilient material which does not depend upon
compressed air for the support of the load.
���� "Standard" means,
when used to describe any license to operate a motor vehicle or any
identification card issued by the commission under the provisions of this
Title, that the issuance of the license or identification card does not require
proof of lawful presence in the United States.
���� "Street" means the
same as highway.
���� "Street car" means a
car other than a railroad train, for transporting persons or property and
operated upon rails principally within a municipality.
���� "Stop," when
required, means complete cessation from movement.
���� "Stopping or
standing," when prohibited, means any cessation of movement of a vehicle,
whether occupied or not, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or traffic
control sign or signal.
���� "Suburban business or
residential district" means that portion of highway and the territory
contiguous thereto, where within any 1,320 feet along that highway there is
land in use for business or residential purposes and that land occupies more
than 660 feet of frontage on one side or collectively more than 660 feet of
frontage on both sides of that roadway.
���� "Through highway"
means every highway or portion thereof at the entrances to which vehicular
traffic from intersecting highways is required by law to stop before entering
or crossing the same and when stop signs are erected as provided in this chapter.
���� "Trackless trolley"
means every motor vehicle which is propelled by electric power obtained from
overhead trolley wires but not operated upon rails.
���� "Traffic" means
pedestrians, ridden or herded animals, vehicles, street cars, and other
conveyances either singly, or together, while using any highway for purposes of
travel.
���� "Traffic control
signal" means a device, whether manually, electrically, mechanically, or
otherwise controlled, by which traffic is alternately directed to stop and to
proceed.
���� "Trailer" means
every vehicle with or without motive power, other than a pole trailer, designed
for carrying persons or property and for being drawn by a motor vehicle and so
constructed that no part of its weight rests upon the towing vehicle.
���� "Truck" means every
motor vehicle designed, used, or maintained primarily for the transportation of
property.
���� "Truck tractor"
means every motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part of the
weight of the vehicle and load so drawn.
���� "Van pooling" means
seven or more persons commuting on a daily basis to and from work by means of a
vehicle with a seating arrangement designed to carry seven to 15 adult
passengers.
���� "Vehicle" means
every device in, upon or by which a person or property is or may be transported
upon a highway, excepting devices moved by human power or used exclusively upon
stationary rails or tracks or
[
low-speed
]
class 1
electric bicycles, class 2
electric bicycles, low-speed electric scooters,
or motorized bicycles.
(cf: P.L.2022, c.16, s.2)
���� 2.��� Section 2 of P.L.2019,
c.121 (C.39:4-14.16) is amended to read as follows:
���� 2. a. A
[
low-speed
]
class 1
electric bicycle, class 2
electric bicycle
,
or low-speed electric
scooter, as defined in R.S.39:1-1, may be operated on the streets, highways,
roadways, and bicycle paths of this State, except as otherwise provided in this
section, and may be parked on a sidewalk provided that the
[
low-speed
]
class 1
electric bicycle, class 2
electric bicycle
,
or low-speed electric
scooter does not impede the normal movement of pedestrian or other traffic upon
the sidewalk.
���� b.��� On and after January 1,
2019, manufacturers and distributors of
[
low-speed
]
class 1
electric bicycles or class 2
electric bicycles shall apply a label that is
permanently affixed, in a prominent location, to
[
each low-speed
]
the frame
of each class 1 electric bicycle or class 2
electric bicycle. The label
shall contain the classification number, top assisted speed, and motor wattage
of the
[
low-speed
]
class 1
electric bicycle or class 2
electric bicycle, and shall be printed in Arial
font in at least 9-point type.
���� c.��� A person shall not
tamper withor modify a
[
low-speed
]
class 1
electric bicycle or class 2
electric bicycle so as to change the
motor-powered speed capability or engagement of a
[
low-speed
]
class 1
electric bicycle or class 2
electric bicycle, unless that person
appropriately replaces the label indicating the classification required in
subsection b. of this section.�
���� d.��� A
[
low-speed
]
class 1
electric bicycle, class 2
electric bicycle
,
or low-speed electric
scooter may be operated on bicycle paths, except that a local government entity
or State agency may prohibit the operation of
[
low-speed
]
class 1
electric bicycles, class 2
electric bicycles
,
or low-speed electric
scooters on bicycle paths under its jurisdiction.
���� e.��� Unless permitted by a
local government entity or State agency with jurisdiction, a
[
low-speed
]
class 1
electric bicycle, class 2
electric bicycle
,
or low-speed electric
scooter shall not be operated on a trail designated for non-motorized traffic
if such trail has a natural surface tread made by clearing and grading the soil
and no surfacing materials have been added.
���� f.���� The operator of a
[
low-speed
]
class 1
electric bicycle, class 2
electric bicycle
,
or low-speed electric
scooter shall not be required to register the
[
low-speed
]
class 1
electric bicycle, class 2
electric bicycle
,
or low-speed electric
scooter, furnish proof of insurance, or have a driver's license.
���� g.��� Except as otherwise
provided by this section, all statutes, including the provisions of chapter 4
of Title 39 of the Revised Statutes, rules, and regulations applicable to
bicycles, as defined in section 1 of P.L.1991, c.465 (C.39:4-10.1), shall apply
to
[
low-speed
]
class 1
electric bicycles, class 2
electric bicycles
,
and low-speed electric
scooters, except those provisions which by their very nature may have no
application to
[
low-speed
]
class 1
electric bicycles, class 2
electric bicycles
,
or low-speed electric
scooters.
���� h.��� A
[
low-speed
]
class 1
electric bicycle, class 2
electric bicycle
,
or low-speed electric
scooter shall be considered a motor vehicle to the extent required by 23 U.S.C.
s.154.
����
i.���� Any class 1 electric
bicycle or class 2 electric bicycle sold, leased, or rented in the State shall
comply with the equipment and manufacturing requirements for bicycles
established by the United States Consumer Product Safety Commission pursuant to
16 C.F.R. Part 1512.
(cf: P.L.2019, c.121, s.2)
���� 3.��� Section 1 of P.L.2021,
c.194 (C.39:4-92.4) is amended to read as follows:
���� 1.��� a.� As used in this
section:
���� "Bicycle" shall have
the same meaning as set forth in section 2 of P.L.1975, c.328 (C.39:4-14.5).
���� "Pedestrian" shall
include, but not be limited to, a pedestrian as defined in R.S.39:1-1 or any
other person who is upon the roadway and outside of a motor vehicle for work,
emergency response, or recreation.
���� "Personal
conveyance" shall include, but not be limited to, a
[
low-speed
]
class 1
electric bicycle as defined in R.S.39:1-1,
a class 2 electric bicycle as
defined in R.S.39:1-1,
a low-speed electric scooter as defined in
R.S.39:1-1, a manual wheelchair, a motorized wheelchair as defined in
R.S.39:1-1 or a similar mobility assisting device used by persons with physical
disabilities or by persons whose ambulatory mobility has been impaired by age
or illness, an electric personal assistive mobility device as defined in
section 1 of P.L.2001, c.430 (C.39:4-14.10), a motorized scooter as defined in
R.S.39:1-1, a skateboard as referenced in section 1 of P.L.1997, c.411
(C.39:4-10.5), a motorized skateboard as defined in R.S.39:1-1, roller skates
as defined in section 1 of P.L.1997, c.411 (C.39:4-10.5), or any other device used
by a person for transportation.
���� b.��� The operator of a motor
vehicle shall approach a pedestrian or a person operating a bicycle or personal
conveyance located or operating in an area designated for pedestrians,
bicycles, or personal conveyances on the roadways of this State with due caution
and absent any other direction by a law enforcement officer, proceed as
follows:
���� (1)� when possible under
existing safety and traffic conditions, make a lane change into a lane not
adjacent to the pedestrian or the person operating a bicycle or personal
conveyance;
���� (2)� if a lane change cannot
be made pursuant to paragraph (1) of this subsection, leave a reasonable and
safe distance of not less than four feet while approaching the pedestrian or
the person operating a bicycle or personal conveyance and maintain a distance
of at least four feet until the motor vehicle has safely passed the pedestrian
or person operating the bicycle or personal conveyance; or
���� (3)� if it is impossible,
prohibited by law, or unsafe to make a lane change pursuant to paragraph (1) of
this subsection or to leave a reasonable and safe distance of not less than
four feet pursuant to paragraph (2) of this subsection, the motor vehicle operator
shall reduce the speed of the motor vehicle to 25 miles per hour or a lower
posted speed and be prepared to stop; the operator may pass the pedestrian or
person operating a bicycle or personal conveyance only if, considering the size
and speed of the motor vehicle, traffic conditions, weather, visibility, and
the surface and width of the roadway, passing does not endanger the safety of a
pedestrian, operator of the bicycle or personal conveyance, or any other person
on the roadway.
���� c.��� A person who commits a
violation of the provisions of this section which results in bodily injury as
defined in N.J.S.2C:11-1 shall be fined $500 and assessed two motor vehicle
penalty points; if no bodily injury results, the violator shall be fined $100
and shall not be assessed any penalty points.�
���� d.��� Nothing in this section
shall be construed to preclude or limit a prosecution or conviction for a
violation of any offense defined by the laws of this State or for any violation
of Title 39 of the Revised Statutes.
(cf: P.L.2024, c.11, s.1)
���� 4.��� (New section) a.� As
used in this section:
���� �Accredited testing
laboratory� means an independent laboratory accredited by an accreditation body
to ISO/IEC 17025 or ISO/IEC 17065, or a Nationally Recognized Testing
Laboratory (NRTL) as recognized by the United States Occupational Safety and
Health Administration.
���� �Certification� means the
attestation by an accredited testing laboratory that the equipment, device, or
product has been evaluated and tested and found to conform to the standards
specified in this section.
���� �Charging system� means
dedicated chargers used for charging class 1 electric bicycles, class 2
electric bicycles, motorized bicycles, or storage batteries that are either in
place or removed from class 1 electric bicycles, class 2 electric bicycles, or
motorized bicycles for charging.
���� ��Class 1 electric bicycle�
means the same as that term is defined in R.S.39:1-1.���� �Class 2 electric
bicycle� means the same as that term is defined in R.S.39:1-1.
���� �Complete electrical system�
means all electric components of a class 1 electric bicycle, class 2 electric
bicycle, or motorized bicycle, including, but not limited to: drive units,
batteries, battery management systems, interconnected wiring, charging systems,
and power inlets.
���� �Division� means the Division
of Consumer Affairs in the Department of Law and Public Safety.
���� �Lithium-ion battery� means
any button, coin, cylindrical, rectangular, or other-shaped dry cell battery
consisting of lithium and other chemicals commonly used in electrical devices.
���� �Motorized bicycle� means the
same as that term is defined in R.S.39:1-1 and includes only those motorized
bicycles that are powered by an electric motor.
���� "Person" includes
natural persons, firms, copartnerships, associations, and corporations.
���� �Storage battery� means a
rechargeable lithium-ion battery that supplies electrical power to the motor
that propels a class 1 electric bicycle, class 2 electric bicycle
,
or
motorized bicycle and includes a replacement battery for those devices; a
battery sold as part of a kit intended to convert a bicycle into a class 1
electric bicycle, a class 2 electric bicycle
,
or a motorized bicycle; or
a lithium-ion battery advertised as suitable for use with class 1 electric
bicycles, class 2 electric bicycles, or motorized bicycles.
���� b.��� A person shall not sell,
lease, rent, or otherwise distribute, or offer for sale, lease, rental, or
distribution, a class 1 electric bicycle,
class 2 electric bicycle
,
or motorized bicycle unless the storage battery used for the bicycle has been
tested by an accredited testing laboratory for compliance with a standard
referenced in ANSI/CAN/UL 2849, EN 15194, or some other safety standard for class
1 electric bicycles, class 2 electric bicycles, or motorized bicycles as
established by the division.
���� c.��� A person shall not sell,
lease, rent, or otherwise distribute, or offer for sale, lease, rental, or
distribution, a storage battery for use in a class 1 electric bicycle, class 2
electric bicycle
,
or motorized bicycle unless the battery:
���� (1) is designed for a class 1
electric bicycle, class 2 electric bicycle
,
or motorized bicycle; and
���� (2) has been tested by an
accredited testing laboratory for compliance with a battery standard referenced
in ANSI/CAN/UL 2849, EN 15194, or some other safety standard as established by
the division, or unless the battery is part of a complete electrical system for
a class 1 electric bicycle, class 2 electric bicycle
,
or motorized
bicycle, which system has been tested by an accredited testing laboratory for
compliance with ANSI/CAN/UL 2849, EN 15194, or some other safety standard as
established by the division.
���� d.��� (1) A person shall not
rent, or offer for rental, a charging system for a electric bicycle, or
motorized bicycle unless the charging system has been tested by an accredited
testing laboratory for compliance with a standard referenced in ANSI/CAN/UL
2849, EN 15194, or some other safety standard for charging systems as
established by the division.�
���� (2)� A person shall not rent,
or offer for rental, a charging system for a storage battery unless the
charging system has been tested by an accredited testing laboratory for
compliance with a standard referenced in ANSI/CAN/UL 2272, ANSI/CAN/UL 2849, EN
15194, or some other safety standard for charging systems as established by the
division.�
���� e.��� Charging systems
advertised, distributed, sold, leased, or rented, or offered for sale, lease,
or rental, for use with a particular class 1 electric bicycle, class 2 electric
bicycle, motorized bicycle, or storage battery shall be certified for use with
that class 1 electric bicycle, class 2 electric bicycle, motorized bicycle, or
storage battery.
���� f.���� (1) A person shall not
sell, lease, or otherwise distribute, or offer for sale, lease, or
distribution, a class 1 electric bicycle, class 2 electric bicycle, motorized
bicycle, storage battery, or charging system unless the logo, wordmark, label,
or name of an accredited testing laboratory and the applicable certification
standard used to show compliance is permanently affixed directly on the
class
1
electric bicycle or its electrical system, class 2 electric bicycle or
its electrical system, motorized bicycle or its electrical system, storage
battery, or charging system.
���� (2) A person shall not be
required to display the logo, wordmark, label, or name of an accredited testing
laboratory if the
class 1
electric bicycle, class 2 electric bicycle,
motorized bicycle, storage battery, or charging system is being sold or leased
secondhand.
���� g.��� A manufacturer,
importer, distributor, or retailer of class 1 electric bicycles, class 2
electric bicycles, motorized bicycles, storage batteries, or charging systems subject
to testing pursuant to this section shall provide, upon request, a true and
accurate copy of the test report for the product issued by the accredited
testing laboratory.
���� h.��� A person seeking to
sell, lease, or otherwise distribute, or offer for sale, lease, or
distribution, a class 1 electric bicycle, class 2 electric bicycle, motorized
bicycle, or storage battery shall comply with the testing and certification
requirements established pursuant to this section by January 1, 2026.� A person
seeking to rent, or offer for rental, a class 1 electric bicycle, class 2
electric bicycle, motorized bicycle, storage battery, or charging system shall
comply with the testing and certification requirements established pursuant to
this section by January 1, 2028.�
���� i.���� The State Fire Marshal
shall prepare and adopt regulations, pursuant to the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), that promote the fire and
electrical safety of �class 1 electric bicycles, class 2 electric bicycles,
motorized bicycles, and storage batteries.
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill requires a person
seeking to sell, lease, rent, or otherwise distribute, or offer for sale,
lease, rental, or distribution, a class 1 electric bicycle, a class 2 electric
bicycle, or a motorized bicycle to ensure that the storage battery used in such
bicycle has been tested by an accredited testing laboratory for compliance with
certain standards, as outlined in the bill.� The bill also requires a person
seeking to sell, lease, rent, or otherwise distribute, or offer for sale,
lease, rental, or distribution, a storage battery used in a class 1 electric
bicycle, a class 2 electric bicycle, or a motorized bicycle to ensure that the
storage battery has been tested by an accredited testing laboratory for
compliance with certain standards, as outlined in the bill, and that the
battery is designed for a class 1 electric bicycle, a class 2 electric bicycle,
or a motorized bicycle.� Under the bill, a person seeking to rent or offer for
rental a charging system for a class 1 electric bicycle, a class 2 electric
bicycle, a motorized bicycle, or a storage battery is required to ensure that
the charging system has been tested by an accredited testing laboratory for
compliance with certain standards, as outlined in the bill.�
���� In addition, the bill requires
charging systems used for a class 1 electric bicycle, a class 2 electric
bicycle, a motorized bicycle, or a storage battery to be certified for use with
such bicycles and storage batteries.� The bill requires a class 1 electric
bicycle, a class 2 electric bicycle, a motorized bicycle, a storage battery, or
a charging system to display the logo, wordmark, label, or name of the
accredited testing laboratory and the applicable certification standard before
being sold, leased, or distributed or offered for sale, lease, or distribution.
���� Under the provisions of the
bill, a manufacturer, importer, distributor, or retailer of class 1 electric
bicycles, class 2 electric bicycles, motorized bicycles, charging systems, or
storage batteries that are subject to testing under the bill is required to
provide, upon request, a true and accurate copy of the test report for the
product issued by the accredited testing laboratory.
���� The bill further requires an
individual seeking to sell, lease, or otherwise distribute, or offer for sale,
lease, or distribution, a class 1 electric bicycle, a class 2 electric bicycle,
a motorized bicycle, or a storage battery to comply with the testing and
certification requirements established pursuant to the bill by January 1,
2026.� An individual seeking to rent or offer for rental a class 1 electric
bicycle, a class 2 electric bicycle, a motorized bicycle, a storage battery, or
a charging system is required to comply with the testing and certification
requirements established pursuant to the bill by January 1, 2028.
���� The bill also requires the
State Fire Marshal to prepare and adopt regulations that promote the fire and
electrical safety of class 1 electric bicycles, class 2 electric bicycles,
motorized bicycles, and storage batteries.
���� In addition, the bill amends
current law to make certain changes to the classification of electric
bicycles.� Under current law, �low-speed electric bicycle� is a statutorily
defined term that encompasses both �class 1� and �class 2� electric bicycles.� This
bill separates the definition of �low-speed electric bicycle� into two distinct
defined terms: (1) a �class 1 electric bicycle� means a two-wheeled vehicle
with fully-operable pedals; a saddle or seat for the rider; and an electric
motor of less than 750 watts that provides assistance only when the rider is
pedaling and that ceases to provide assistance when the bicycle reaches the
speed of 20 miles per hour; and (2) a �class 2 electric bicycle� means a
two-wheeled vehicle with fully-operable pedals; a saddle or seat for the rider;
and an electric motor of less than 750 watts that may be used exclusively to
propel the bicycle and is not capable of providing assistance when the bicycle
reaches the speed of 20 miles per hour.�
���� The bill also amends current
law to apply the provisions of N.J.S.A.39:4-14.16 and N.J.S.A.39:4-92.4 to both
class 1 electric bicycles and class 2 electric bicycles.� In addition, the bill
provides that any class 1 electric bicycle or class 2 electric bicycle sold,
leased, or rented in the State is to comply with the equipment and
manufacturing requirements for bicycles established by the United States
Consumer Product Safety Commission pursuant to federal regulations.�