AN ACT TO Clarify the definition of ELECTRIC ASSISTED BICYCLE and to AUTHORIZE local government regulation.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 20‑4.01(7a) reads as rewritten:

(7a)    Electric Assisted Bicycle. – A bicycle with two or three wheels that is equipped with a seat or saddle for use by the rider, fully operable pedals for human propulsion, and an electric motor of no more than 750 watts, whose maximum speed on a level surface when powered solely by such a motor is no greater than 20 miles per hour.watts that meets the requirements of one of the following three classes:

a.         Class 1 electric assisted bicycle. – A bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to assist once the bicycle reaches a speed of 20 miles per hour.

b.         Class 2 electric assisted bicycle. – A bicycle equipped with a motor that may propel the bicycle without pedaling but ceases to assist once the bicycle reaches a speed of 20 miles per hour.

c.         Class 3 electric assisted bicycle. – A bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to assist once the bicycle reaches a speed of 28 miles per hour.

SECTION 2.  Article 3 of Chapter 20 of the General Statutes is amended by adding a new section to read:

§ 20‑171.3.  Electric bicycles.

(a)        Except as otherwise provided in G.S. 160A‑300.2 and G.S. 153A‑245.1, the operation of an electric assisted bicycle as defined in G.S. 20‑4.01 shall be permitted on all roadways, bicycle lanes, and shared‑use paths.

(b)        A person under the age of 18 operating or riding as a passenger on a Class 3 electric assisted bicycle shall wear a helmet that meets federal safety standards.

SECTION 3.(a)  Article 15 of Chapter 160A of the General Statutes is amended by adding a new section to read:

§ 160A‑300.2.  Electric bicycles.

(a)        A city may regulate the use of electric assisted bicycles on any street, road, or highway within municipal limits. This authority shall include the following:

(1)        Restricting the use of a class or classes of electric assisted bicycles on multiuse paths, sidewalks, or trails.

(2)        Establishing speed limits on greenways or shared‑use paths.

(b)        A city may require the use of a helmet by a person under the age of 18 operating or riding as a passenger on a Class 1 or Class 2 electric assisted bicycle.

(c)        A city may impose penalties for violations of this section.

SECTION 3.(b)  Article 12 of Chapter 153A of the General Statutes is amended by adding a new section to read:

§ 153A‑245.1.  Regulation of electric bicycles.

A county may regulate the use of an electric assisted bicycle in accordance with G.S. 160A‑300.2. Nothing in this section shall be deemed to restrict or repeal the authority of a city to regulate the use of an electric assisted bicycle.

SECTION 4.  The Department of Transportation shall develop educational materials on the proper use and safety considerations of electric assisted bicycles.

SECTION 5.  This act is effective when it becomes law and applies to all electric assisted bicycle riders and passengers on or after that date.