The people of the state of Michigan Enact:
Chapter 257 is Amended to read as follows:
SEC. 13E. “Electric Bicycle” means a device upon which any person may ride that is equipped with a seat or saddle for use by the rider, fully operable pedals for human propulsion, and an electric motor of less than seven hundred fifty (750) watts. An electric bicycle must fall within one of the following classes:
(A) ʺClass 1 electric bicycleʺ: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour (20 mph);
(B) ʺClass 2 electric bicycle”: An electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour (20 mph); or
(C) ʺClass 3 electric bicycleʺ: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour (28 mph).
Sec. 32b. (1) “Moped” means a 2- or 3- wheeled device to which both of the following apply:
(a)It is equipped with a motor that does not exceed 100
(b)Its power drive system does not require the operator to shift gears.
(2) “Moped” does not include an electric bicycle.
Sec. 33. "Motor vehicle" means every vehicle that is self-propelled, but for purposes of chapter 4 of this act motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act, 1997 PA 55, MCL 257.1571 to 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle.
SEC. 657. Each person riding a bicycle, electric bicycle, electric personal assistive mobility device, or moped or operating a low-speed vehicle or commercial quadricycle upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle under this chapter, except for special regulations in this article and except for the provisions of this chapter that by their nature do not apply.
Sec. 662a. Regulations applicable to electric bicycles.
(1) Except as provided by this section, an electric bicycle or any person riding an electric bicycle is subject to the same laws and requirements as a bicycle or a person riding a bicycle.
(2) An electric bicycle or any person riding an electric bicycle is not subject to any requirements or laws applicable to motor vehicles or operators of motor vehicles, including but not limited to those provisions related to financial responsibility, operator’s licenses, certificates of title, and registration.
(3) On or after January 1, 2018, every manufacturer or distributor of new electric bicycles intended for sale or distribution in this state shall permanently affix, in a prominent location, to the electric bicycle a label that contains the classification number, top assisted speed, and motor wattage of the electric bicycle. The label shall be printed in Arial font in at least nine-point type.
(4) Aperson shall not tamper with or modify an electricbicycle so as to changethe motor-powered speed capability or motor engagement of an electric bicycle, unless he or she appropriately replaces the label indicating the classification required in subsection (3). A device shall no longer be considered an electric bicycle if the motor is modified such that the motor is capable of propelling the device at a speed that exceeds: (a) 20 miles per hour if the bike is being propelled exclusively by the motor; or (b) 28 miles per hour if the motor is providing assistance only when the rider is pedaling.
(5) Class 3 electric bicycles or riders of class 3 electric bicycles must comply with the following requirements:
(a)No person under fourteen (14) years of age shall Ride a class 3 electric bicycle; provided, that the person may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.
(b)The Rider and all passengers of a class 3 electric bicycle shall wear a properly fitted and fastened bicycle helmet meeting federal standards established by the United States consumer product safety commission or the American Society for Testing and Materials.
(c)All class 3 electric bicycles must be equipped with a speedometer that displays the speed the electric bicycle is traveling in miles per hour.
(5) All electric bicycles must Comply with applicable equipment and manufacturing requirements for electric bicycles established by federal law, including federal standards adopted by the United States consumer product safety commission and compiled in 16 C.F.R. part 1512.
(6) A class 1 and 3 electric bicycle shall function in a manner such that the motor is disengaged through a mechanism that, when the rider stops pedaling,the electric motor will disengage or cease to function. A class 2 electric bicycle shall function in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied.
(7) Electric bicycles Classes 1, 2 and 3 may be ridden on any part of the street or highway where bicycles are authorized to travel, including lanes designated for the exclusive use of bicycles or the shoulder, and on ORV trails(with sticker?) managed by the Department of Natural Resources..
(8) A class 1 electric bicycle or a class 2 electric bicycle may be ridden on Any Paved, multi-use trail having an asphalt or crushed limestone surface, including all rail trails any any path or trail intended for use by bicyclists. A local authority or agency of the state having jurisdiction over a path or trail where bicycles are authorized to travel may regulate or prohibit, by resolution, ordinance, or rule, the operation of a class 1 electric bicycle or class 2 electric bicycle on that path or trail.
(9) A class 1 electric bicycle or a class 2 electric bicycle may NOT be ridden on any Trail specifically designated as non-motorized that utilizes a natural surface TREAD that is MADE BY CLEARING AND GRADING THE NATIVE SOIL WITH no ADDED SURFACING MATERIALS. A local authority or agency of the state having jurisdiction over a natural surface trail designated as non-motorized may allow, by resolution, ordinance, or rule, the operation of a class 1 electric bicycle or class 2 electric bicycle on that path or trail.
(10) No class 3 electric bicycle shall be Ridden on a path or trail where bicycles are authorized to travel, unless:
that path or trail is within or adjacent to a street or highway; or
the local authority or agency of the state having jurisdiction over that path or trail permits the operation of a class 3 electric bicycle by resolution, ordinance, or rule.
Chapter 500 of the michigan code is amended to read as follows:
Sec. 3101.
(h) "Motor vehicle" means a vehicle, including a trailer, that is operated or designed for operation on a public highway by power other than muscular power and has more than 2 wheels. Motor vehicle does not include any of the following:
(i) A motorcycle.
(ii) A moped.
(iii) A farm tractor or other implement of husbandry that is not subject to the registration requirements of the Michigan vehicle code under section 216 of the Michigan vehicle code, 1949 PA 300, MCL 257.216.
(iv) An ORV.
(v) A golf cart.
(vi) A power-driven mobility device.
(vii) A commercial quadricycle.
(viii) An electric bicycle.