§ 32:204 — Riding on electric-assisted bicycles; rights and duties of electric-assisted bicycles

§204. Riding on electric-assisted bicycles; rights and duties of electric-assisted bicycles
A. Except as otherwise provided in this Chapter, an electric-assisted bicycle or an
operator of an electric-assisted bicycle shall be afforded all the rights and privileges, and
shall be subject to all of the duties, of a bicycle or the operator of a bicycle. An electric-assisted bicycle shall be considered a vehicle in the same regards as a bicycle.
B. On and after August 1, 2020, manufacturers and distributors of electric-assisted
bicycles shall apply a label permanently affixed in a prominent location to each electric-assisted bicycle. The label shall contain the classification number, top-assisted speed, and
motor wattage of the electric-assisted bicycle.
C. No person shall tamper with or modify an electric-assisted bicycle so as to change
its classification, unless the manufacturer's label indicating the classification is appropriately
replaced.
D. An electric-assisted bicycle shall comply with the equipment and manufacturing
requirement for bicycles adopted by the United States Consumer Product Safety Commission
(16 CFR Part 1512).
E. An electric-assisted bicycle shall operate in a manner so that the electric motor
is disengaged or ceases to function when the rider stops pedaling or when the brakes are
applied.
F. Except as otherwise provided by this Subsection, an electric-assisted bicycle may
be ridden in places where bicycles are allowed, including but not limited to streets, highways,
roadways, bicycle facilities, bicycle lanes, shared-use trails, bicycle paths, or trails.
(1) Following notice and public hearing, a local municipal authority, local parish
authority, or state agency having jurisdiction over a shared-use trail or bicycle path or trail
may prohibit the operation of Class one or Class two electric-assisted bicycles on such path
or trail, if it finds that such a restriction is necessary for safety reasons or compliance with
other laws or legal obligations.
(2) A local municipal authority, local parish authority, or state agency having
jurisdiction over a shared-use trail or bicycle path or trail may prohibit the operation of Class
three electric-assisted bicycles on such path or trail.
(3) This Subsection shall not apply to a trail that is specifically designated as
nonmotorized and that has a natural surface tread that is made by clearing and grading the
native soil with no added surface materials. A local municipal authority, local parish
authority, or state agency having jurisdiction over a trail described in this Subsection may
regulate the use of an electric-assisted bicycle on that trail.
G. No person under the age of twelve shall operate a Class three electric-assisted
bicycle. A person under the age of twelve may ride as a passenger on a Class three electric-assisted bicycle designed to accommodate passengers.
H. All operators and passengers of a Class three electric-assisted bicycle shall wear
an approved bicycle helmet.
(1) For the purpose of this Subsection, "approved helmet" shall have the same
meaning as provided in R.S. 32:199.
(2) The issuance of a citation for a violation of this Section shall not be prima facie
evidence of negligence. The comparable negligence statutes of Louisiana shall apply in these
cases.
(3) The provisions of R.S. 32:57 shall not apply to a violation of this Section. Any
person who violates any provision of this Section shall upon conviction be fined fifty dollars,
which shall include all costs of court. Notwithstanding any contrary provision of law, no
other cost or fee shall be assessed against any person for a violation of this Section. This fine
shall be waived if the operator of the Class three electric-assisted bicycle provides proof of
purchasing an approved helmet.
I. All Class three electric-assisted bicycles shall be equipped with a speedometer that
displays the speed in miles per hour.

Legislative History

Acts 2020, No. 152, §1.