SB 882 - This act enacts provisions relating to transportation devices. The act modifies the state's model local traffic ordinances, which political subdivisions may but are not required to adopt, to provide that motorized bicycles weighing less than 60 pounds may be operated on a sidewalk in accordance with the current requirements for bicycles. (Section 300.347)
The act specifies that motorized bicycles shall be considered vehicles for the purposes of public safety offenses. (Section 307.180)
No person under the age of 16 years shall operate a shared motorized bicycle (SMB), as defined in the act, in this state. (Section 307.220.2). No person shall operate a SMB in the state at a speed greater than 15 miles per hour. (Section 307.220.3). No person shall park a motorized bicycle on a sidewalk in a way that impedes pedestrians, nor in violation of county or municipal parking regulations. (Section 307.220.4). A violation of these provisions shall be a class D misdemeanor. (Section 307.220.8)
A SMB shall be labeled with visible language identifying its use in a SMB system, and shall bear a unique identification number as specified in the act. (Section 307.220.5-6). No SMB system shall operate or deploy SMBs in the state without providing insurance coverage as specified in the act. No SMB system shall operate or deploy SMBs, or allow SMBs to be operated or deployed, in violation of this act or of any ordinance or rule adopted by a political subdivision. (Section 307.220.7). The owner or operator of a SMB system operating or deploying a SMB in violation of these provisions shall be guilty of a class D misdemeanor. (Section 307.220.8)
Counties and municipalities may regulate or prohibit the operation of SMBs and SMB systems within their jurisdiction, including but not limited to requiring protective headgear, and may provide for separate or modified regulations or prohibitions based on vehicle characteristics or operator age. (Section 307.224.1). No SMB system shall operate or deploy SMBs without first obtaining authorization or permission from the county or municipality in which the SMBs will be operated or deployed. Authorization or permission to operate a SMB or SMB system may be conditioned on certain requirements as specified in the act. (Section 307.224.2). Counties and municipalities may require the operator of a SMB system to provide anonymized fleet and ride activity data, provided that individuals' privacy is protected as specified in the act. (Section 307.224.3). Information received under these provisions shall be subject to disclosure under the Sunshine Law only after aggregation and anonymization sufficient to protect individuals' privacy. (Section 307.224.4)
The act also requires SMB systems to provide insurance coverage as specified in the act. (Section 379.1750). A SMB system shall maintain, for the operation and charging of SMBs, a policy of commercial general liability insurance in the amount of $1,000,000 per occurrence for death, bodily injury, and property damage. (Section 379.1750.2). The required coverage shall provide coverage beginning with the first dollar of the claim, and shall specify that the insurer has a duty to defend the claim. (Section 379.1750.3). The policy may be placed with an insurer licensed in this state to sell the policy, or by an eligible surplus lines producer as provided by law. (Section 379.1750.4). Other insurers issuing motor vehicle or other insurance may exclude or limit coverage for the operation of SMBs. (Section 379.1750.5)
ERIC VANDER WEERD