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CHAPTER 32-20B

BICYCLE REGULATION

32-20B-1      Identifying number required on bicycle sold at retail--Violation as misdemeanor.
32-20B-2      Operation on sidewalk or crosswalk--Rights of bicyclist--Duty to stop.
32-20B-3      Operation on sidewalk or crosswalk--Duty to yield right-of-way to pedestrian--Violation as misdemeanor.
32-20B-4      Parking on sidewalk--Violation as petty offense.
32-20B-5      Operation on roadway--Riding close to right-hand curb required--Violation as misdemeanor.
32-20B-6      Turning, stopping, starting, slowing--Signals and lookout--Overtaking on the right--Violation as misdemeanor.
32-20B-7      Racing in approved event authorized--Approval of transportation commission or local authorities.
32-20B-8      Racing--Exemption from traffic laws.
32-20B-9      Electric bicycle defined--Classes.
32-20B-10      Label to be affixed to electric bicycle by manufacturer or distributor--Modification--Violation as misdemeanor.
32-20B-11      Electric bicycle equipment requirements.
32-20B-12      Designated areas of operation of electric bicycles.
32-20B-13      Age restrictions for Class III electric bicycle.
32-20B-14      Helmet requirement for Class III electric bicycle.
32-20B-15      Speedometer requirement for Class III electric bicycle.


     32-20B-1.   Identifying number required on bicycle sold at retail--Violation as misdemeanor. A person engaged in the business of selling bicycles at retail may not sell any bicycle unless the bicycle has an identifying number permanently stamped or cast on its frame. A violation of this section is a Class 2 misdemeanor.

Source: SL 1982, ch 226, § 7.


     32-20B-2.   Operation on sidewalk or crosswalk--Rights of bicyclist--Duty to stop. A person operating a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances, except as provided in § 32-20B-3, and except that bicyclists must stop before entering a crosswalk or highway from a sidewalk or sidewalk area.

Source: SL 1982, ch 226, § 4.


     32-20B-3.   Operation on sidewalk or crosswalk--Duty to yield right-of-way to pedestrian--Violation as misdemeanor. A person operating a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian. A violation of this section is a Class 2 misdemeanor.

Source: SL 1982, ch 226, § 3.


     32-20B-4.   Parking on sidewalk--Violation as petty offense. A person may park a bicycle on a sidewalk unless prohibited or restricted by an official traffic control device or ordinance. The parked bicycle may not impede the normal and reasonable movement of pedestrian or other traffic. A violation of this section is a petty offense.

Source: SL 1982, ch 226, § 11.


     32-20B-5.   Operation on roadway--Riding close to right-hand curb required--Violation as misdemeanor. Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway. However, a person operating a bicycle may move from the right-hand curb or edge of the roadway to overtake and pass another bicycle or vehicle proceeding in the same direction, to prepare for a left turn at an intersection or into a private road or roadway or to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, a "substandard width lane" is a lane that is too narrow for a bicycle and vehicle to travel safely side by side within the lane. A violation of this section is a Class 2 misdemeanor.

Source: SL 1982, ch 226, § 8.


     32-20B-6.   Turning, stopping, starting, slowing--Signals and lookout--Overtaking on the right--Violation as misdemeanor. A person operating a bicycle shall give a continuous signal of intention to turn right or left during the last one hundred feet traveled by the bicycle before turning. The signal shall also be given while the bicycle is stopped waiting to turn. A signal by hand and arm need only be given intermittently if the hand is needed in the control operation of the bicycle. No driver of a bicycle may overtake another vehicle on the right if the overtaken vehicle is signaling to make a right turn. Except as provided in this section, a person operating a bicycle shall comply with the provisions of §§ 32-26-22 and 32-26-22.1. A violation of this section is a Class 2 misdemeanor.

Source: SL 1982, ch 226, § 10; SL 2015, ch 173, § 2.


     32-20B-7.   Racing in approved event authorized--Approval of transportation commission or local authorities. Notwithstanding the provisions of § 32-25-23, a person may race a bicycle on a highway when competing in a racing event which has been approved by the transportation commission or local authorities on a highway under their jurisdictions. Approval of a bicycle highway racing event shall be granted only under conditions which assure reasonable safety for all race participants, spectators, and other highway users, and which prevent unreasonable interference with traffic flow which would seriously inconvenience other highway users. Tests of endurance are not considered bicycle racing.

Source: SL 1982, ch 226, § 5.


     32-20B-8.   Racing--Exemption from traffic laws. The transportation commission or local authorities may exempt participants in an approved bicycle highway racing event on a highway under their jurisdiction from compliance with any traffic laws otherwise applicable thereto, provided that traffic control is adequate to assure the safety of all highway users.

Source: SL 1982, ch 226, § 6.


     32-20B-9.   Electric bicycle defined--Classes. For purposes of this chapter, the term, electric bicycle, means a bicycle or a tricycle that is equipped with a seat or saddle, with operable pedals for propulsion, and with an electric motor of seven hundred fifty watts or less.
     An electric bicycle is a Class I electric bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved.
     An electric bicycle is a Class II electric bicycle if the motor is capable of propelling the bicycle without the person pedaling and ceases to provide assistance when a speed of twenty miles per hour is achieved.
     An electric bicycle is a Class III electric bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of twenty-eight miles per hour is achieved.

Source: SL 2019, ch 135, § 1.


     32-20B-10.   Label to be affixed to electric bicycle by manufacturer or distributor--Modification--Violation as misdemeanor. Beginning January 1, 2020, any person who manufacturers or distributes an electric bicycle in this state shall permanently affix to the electric bicycle a label that contains the following information:
             (1)      The designated class of the electric bicycle;
             (2)      The maximum assisted speed of the electric bicycle; and
             (3)      The wattage of the electric bicycle's motor.
     If a person makes a modification to the electric bicycle that affects the bicycle's maximum speed, or manner of propulsion, the person shall amend the label required by this section to accurately reflect the required information.
     Any person who violates this section is guilty of a Class 2 misdemeanor.

Source: SL 2019, ch 135, § 2.


     32-20B-11.   Electric bicycle equipment requirements. An electric bicycle shall be equipped so that the electric motor is disengaged or ceases to function when the person stops pedaling or when the brakes are applied.

Source: SL 2019, ch 135, § 3.


     32-20B-12.   Designated areas of operation of electric bicycles. Unless otherwise prohibited by a governmental entity having jurisdiction, a person may operate a Class I or Class II electric bicycle on any bicycle path or multi-use path in this state.
     A person may not operate a Class III electric bicycle on a bicycle path or multi-use path in this state unless:
             (1)      The bicycle path or multi-use path is within or adjacent to a highway or roadway; or
             (2)      The governmental entity having jurisdiction over the bicycle path or multi-use path expressly permits the use.
     A person may operate a Class III electric bicycle on a trail that has been designated as nonmotorized, if the trail was constructed only by clearing or grading the native soil and without the installation or placement of any additional surface material and if the governmental entity having jurisdiction over the trail has not otherwise prohibited or restricted the operation.

Source: SL 2019, ch 135, § 4.


     32-20B-13.   Age restrictions for Class III electric bicycle. To operate a Class III electric bicycle in this state, a person shall be at least sixteen years of age. This section does not prohibit a person younger than sixteen years of age from riding as a passenger on a Class III electric bicycle, if the bicycle is designed to accommodate a passenger.

Source: SL 2019, ch 135, § 5.


     32-20B-14.   Helmet requirement for Class III electric bicycle. Any person who is less than eighteen years of age and operating a Class III electric bicycle and any person who is a passenger on a Class III electric bicycle, regardless of age, shall wear a properly fitted and fastened bicycle helmet.

Source: SL 2019, ch 135, § 6.


     32-20B-15.   Speedometer requirement for Class III electric bicycle. Any person operating a Class III electric bicycle shall ensure that the bicycle is equipped with a functioning speedometer.

Source: SL 2019, ch 135, § 7.


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