SPONSOR:

Rep. Roy & Rep. Gilligan;

HOUSE OF REPRESENTATIVES

141st GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 5

TO

HOUSE BILL NO. 473

 

AMEND House Bill No. 473 at line 20 by deleting the phrase "the public highways,"

FURTHER AMEND House Bill No. 473 by deleting the phrase "shall obey all speed limits" appearing on line 21 and substituting in lieu thereof the phrase "shall not exceed a speed of eight miles per hour on sidewalks".

FURTHER AMEND House Bill No. 473 by deleting the phrase starting on line 23 as follows:

"Failure to obey shall result in a warning for the first offense, $10.00 fine for the second or subsequent offense, and impoundment of up to thirty days for the third or subsequent offenses.".

FURTHER AMEND House Bill No. 473 by adding a new section as follows:

"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.".

FURTHER AMEND House Bill No. 473 by adding a new paragraphs after line 25 and before line 26 to read as follows:

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

    1. while making a direct crossing of a highway in a marked or unmarked crosswalk;

    2. where no sidewalk is available;

    3. 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 be operated at any time on a highway with a speed limit of not more than 30 miles per hour except to make a direct crossing of the highway in a marked crosswalk;

    1. 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;

    2. 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.".

FURTHER AMEND House Bill No. 473 by adding a new subsection after line 33 and before line 34 to read as follows:

"(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.".
 

SYNOPSIS

This Amendment allows municipalities to enact ordinances that would regulate EPAMDs, but may not prohibit their use within the Municipality