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Neighborhood Electric Vehicles In Texas
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(Effective September 1, 2003) Section 19.07, Chapter 551 of the Texas Transportation Code, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES AND MOTOR-ASSISTED SCOOTERS
Sec. 551.301. DEFINITIONS. In this subchapter:
(1) "Neighborhood electric vehicle" means a vehicle subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
(2) "Motor assisted scooter" means a self-propelled device with:
(A) at least two wheels in contact with the ground during operation;
(B) a braking system capable of stopping the device under typical operating conditions;
(C) a gas or electric motor not exceeding 40 cubic centimeters;
(D) a deck designed to allow a person to stand or sit while operating the device; and
(E) the ability to be propelled by human power alone.
Sec. 551.302. OPERATION ON ROADWAY.
(a) A neighborhood electric vehicle or motor assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour.
(b) A person may operate a motor assisted scooter on a path set aside for the exclusive operation of bicycles or on a sidewalk. Except as otherwise provided by this section, a provision of this title applicable to the operation of a bicycle applies to the operation of a motor assisted scooter.
(c) A county or municipality may prohibit the operation of a neighborhood electric vehicle or motor assisted scooter on any street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.
(d) The department may prohibit the operation of a neighborhood electric vehicle or motor assisted scooter on a highway if it determines that the prohibition is necessary in the interest of safety.
(e) A provision of this title applicable to a motor vehicle does not apply to a motor assisted scooter.
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Memorandum Austin Police Department
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M E M O R A N D U M
Austin Police Department Office of the Chief
TO: All Commanders FROM: Cathy Ellison, Assistant Chief DATE: August 24, 2003 SUBJECT: Electric Bicycles/Scooters in Bicycle Lanes
It has come to our attention that officers may be issuing warnings and/or citations to persons operating an electric scooter or electric bicycle in a bicycle lane. The City Code allows the following types of vehicles to operate in a bicycle lane: a bicycle, a scooter, or other similar vehicle that is equipped with an electric motor that is capable of propelling the bicycle, scooter, or vehicle at a maximum speed of 20 miles per hour.
The city code section that applies is Section 16-1-13
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SECTION 6.
Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.0075 to read as follows:
Sec. 502.0075. ELECTRIC BICYCLES. (a) In this section,
"electric bicycle" has the meaning assigned by Section 541.201.
(b) This chapter does not require the owner of an electric
bicycle to register the electric bicycle.
SECTION 7.
Section 541.201, Transportation Code, is amended
by amending Subdivisions (10) and (11) and adding Subdivision (24)
to read as follows:
(10) "Motor-driven cycle" means a motorcycle equipped
with a motor that has an engine piston displacement of 250 cubic
centimeters or less. The term does not include an electric
bicycle.
(11) "Motor vehicle" means a self-propelled vehicle or
a vehicle that is propelled by electric power from overhead trolley
wires. The term does not include an electric bicycle.
(24) "Electric bicycle" means a bicycle that:
(A) is designed to be propelled by an electric
motor, exclusively or in combination with the application of human
power;
(B) cannot attain a speed of more than 20 miles
per hour without the application of human power; and
(C) does not exceed a weight of 100 pounds.
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