40-6-303. Location of operation; age limitations; required safety equipment.

1. (1)

   Any class I electric assisted bicycle or class II electric assisted bicycle shall be authorized to be operated on any bicycle path or shared use path where bicycles are permitted to be operated; provided, however, that a local authority or state agency may prohibit the operation of a class I electric assisted bicycle or class II electric assisted bicycle on any bicycle path or shared use path within its jurisdiction.#

2. (2)

   No class III electric assisted bicycle shall be operated on a bicycle path or shared use path unless such path is within or adjacent to a highway or unless operation of such device is permitted on such path by the local authority or state agency having jurisdiction over such path.#

3. (3)

   This subsection shall not apply to a bicycle path or shared use path designated for nonmotorized vehicles if such path has a natural surface tread made by clearing and grading the native soil with no added surface materials. The types of devices which may be used upon such trails may be regulated by the local authority or state agency having jurisdiction over such path.#

No person under the age of 15 shall operate a class III electric assisted bicycle; provided, however, that such person shall be authorized to ride as a passenger upon a class III electric assisted bicycle designed to accommodate passengers.#

1. (1)

   No person shall operate or be a passenger on a class III electric assisted bicycle without wearing a bicycle helmet.#

2. (2)

   No class III electric assisted bicycle without an accompanying protective bicycle helmet shall be rented to or leased to any person for use unless such person is in possession of a bicycle helmet at the time of the rental or lease.#

3. (3)

   For the purposes of this subsection, the term “bicycle helmet” means a piece of protective headgear which meets or exceeds the impact standards for bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation.#

4. (4)

   For the purposes of this subsection, a person shall be deemed to wear a bicycle helmet only if a bicycle helmet of good fit is fastened securely upon such person’s head with the straps of such bicycle helmet.#

5. (5)

   Violation of any provision of this subsection shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability.#