CHAPTER 346

FORMERLY

HOUSE BILL NO. 473

AS AMENDED BY HOUSE AMENDMENT NO. 5 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE DEFINITION AND USE OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES ("EPAMD'S")

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

WHEREAS, the Electric Personal Assistive Mobility Device (“EPAMD”) is the first dynamic self-balancing, electric-powered transportation machine; and

WHEREAS, the EPAMD employs advances in technology and energy efficiency to fully and safely integrate the user with pedestrian transportation; and

WHEREAS, the EPAMD has a footprint no larger than the average adult body and the ability to emulate human balance; and

WHEREAS, the EPAMD uses the same space as a pedestrian and can go wherever a pedestrian can walk; and

WHEREAS, the EPAMD has the ability to enable individuals to travel farther without the use of traditional vehicles, thereby promoting gains in productivity, minimizing environmental impact and facilitating better use of public ways.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend § 101(19), Title 21 of the Delaware Code by inserting “, and excepting Electric Personal Assistive Mobility Device (EPAMD)” after “tractor” at the end of the line before the period “.”.

Section 2. Amend § 101(20), Title 21 of the Delaware Code by inserting the phrase “, Electric Personal Assistive Mobility Device” between the words “tractors” and “and”.

Section 3. Amend § 101(48), Title 21 of the Delaware Code by inserting the phrase “, Electric Personal Assistive Mobility Device” between the words “coaches” and “and”.

Section 4. Amend § 101 (54), Title 21 of the Delaware Code by inserting the phrase “, Electric Personal Assistive Mobility Device” between the words “function” and “or” in the third sentence thereof.

Section 5. Amend § 101, Title 21 of the Delaware Code by adding thereto a new “Subsection 78” which new Subsection shall read as follows:

“(78) ‘Electric Personal Assistive Mobility Device’ (EPAMD) means a self-balancing, two non-tandem wheeled device, designed to transport only one person, with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.”.

Section 6. Amend Subchapter XII of Chapter 41, Title 21 of the Delaware Code by adding a semicolon after “Vehicles” and by inserting “Operation of Electric Personal Assistive Mobility Devices” at the end of the title.

Section 7. Amend Subchapter XII of Chapter 41, Title 21 of the Delaware Code by adding thereto a new subsection to read as follows:

“§ 4198N. Operation of Electric Personal Assistive Mobility Devices (‘EPAMD’).

(a) Nothing in this Title of Delaware Law shall be construed to limit the operation of an EPAMD on sidewalks, and bike ways of the State except the following:

(1) A person operating an EPAMD shall not exceed a speed of eight miles per hour on sidewalks and shall yield the right-of-way to pedestrians and human powered devices at all times. An operator must also be given an audible signal before overtaking and passing any pedestrian.

(2) An EPAMD may be operated on a public highway only:

(i) while making a direct crossing of a highway in a marked or unmarked crosswalk;

(ii) where no sidewalk is available;

(iii) when so directed by a traffic control device or by a peace officer.

(3) Any person operating an EPAMD upon a highway shall ride as close as practicable to the right-hand edge of the highway;

(4) An EPAMD may not be operated at any time on a highway with a speed limit of more than 30 miles per hour except to make a direct crossing of the highway in a marked crosswalk;

(5) A person under 16 years of age shall not operate or ride upon an EPAMD unless that person is wearing a property fitted and fastened bicycle helmet which meets or exceeds the standards set forth in § 4198L of this Title;

(6) Any person operating an EPAMD shall obey all traffic control devices and shall exercise due care in the operation of the EPAMD; and

(7) No person shall ride an EPAMD on a highway of this State while under the influence of intoxicating liquor and/or narcotic drugs to a degree which renders such person a hazard.".

(b) An EPAMD shall not require a license plate or be registered by the Division of Motor Vehicles.

(c) An EPAMD shall be equipped with front, rear, and side reflectors; a system that when employed will enable the operator to bring the device to a controlled stop; and, if the EPAMD is operated between one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise, a lamp emitting a white light which, while the EPAMD is in motion, sufficiently illuminates the area in front of the operator; provided that these provisions shall be satisfied if the operator of the EPAMD wears a headlight and reflectors on his or her person.

(d) No proof of financial responsibility is required for the operation of an EPAMD.

(e)(1) Any person convicted of a violation of Subsections (a)(1) through (a)(6) or (c) of this Section shall receive a warning for the first offense, be fined $10.00 for the second or subsequent offense and impoundment of the EPAMD for up to thirty days for the third or subsequent offenses.

(2) Any person convicted of a violation of Subsection (a)(7) of this Section shall, for the first offense be fined not less than $150.00 nor more than $1,150.00 and for subsequent offenses be fined not less than $400.00 nor more than $1500.00 or be imprisoned not less than 10 days nor more than 30 days, or both.”.

Section 8. For the purpose of assuring the safety of pedestrians and others using highways and sidewalks; incorporated towns, cities or municipalities having jurisdictions over highways, sidewalks, and bike ways may, by ordinance, rule or regulation regulate the time, place and manner of the operation of EPAMDs, but may not prohibit their use.

Approved June 30, 2002