Amends existing law to revise the definition of electric-assisted bicycle to clarify what the term does not include.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 880 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-106, IDAHO CODE, TO REVISE2 A DEFINITION AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMER-3 GENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 49-106, Idaho Code, be, and the same is hereby6 amended to read as follows:7 49-106. DEFINITIONS -- E.8 (1)(a) "Electric-assisted bicycle" means a bicycle equipped with fully9 operable pedals and an electric motor of less than seven hundred fifty10 (750) watts and that meets one (1) of the following requirements:11 (a) (i) "Class 1 electric-assisted bicycle" means an electric-12 assisted bicycle equipped with a motor that provides assistance13 only when the rider is pedaling and ceases when the rider stops14 pedaling or when the bicycle reaches the speed of twenty (20) miles15 per hour.16 (b) (ii) "Class 2 electric-assisted bicycle" means an elec-17 tric-assisted bicycle equipped with a motor that may be used18 exclusively to propel the bicycle and that is not capable of pro-19 viding assistance when the bicycle reaches the speed of twenty20 (20) miles per hour.21 (c) (iii) "Class 3 electric-assisted bicycle" means an elec-22 tric-assisted bicycle equipped with a motor that provides as-23 sistance only when the rider is pedaling and ceases when the24 rider stops pedaling or when the bicycle reaches the speed of25 twenty-eight (28) miles per hour.26 (b)(i) "Electric-assisted bicycle" shall not include a vehicle,27 which may have the general appearance of a bicycle, on which any28 person may ride, that has two (2) tandem wheels, has an electric29 motor, and is not an E-scooter or similar device, if it meets one30 (1) or more of the following criteria:31 1. It is equipped with an electric motor of seven hundred32 fifty (750) watts or more;33 2. It is equipped with an electric motor that does not cease34 to provide assistance when the vehicle reaches speeds above35 thirty (30) miles per hour; or36 3. It is not equipped with operable pedals that can propel37 the device.38 (ii) Electric vehicles described in paragraph (b)(i) of this sub-39 section shall not be included in any reference to an electric-as-40 sisted bicycle within Idaho law, rules, or regulations and shall41

2 be required to be licensed, registered, and insured in order to be1 driven on public highways.2 (2) "Electric personal assistive mobility device" means a self-balanc-3 ing two (2) nontandem wheeled device designed to transport only one (1) per-4 son, with an electric propulsion system that limits the maximum speed of the5 device to fifteen (15) miles per hour or less.6 (3) "Emergency vehicle." (See "Vehicle," section 49-123, Idaho Code)7 (4) "Encumbrance." (See "Lien," section 49-113, Idaho Code)8 (5) "EPA" means the environmental protection agency of the United9 States.10 (6) "Essential parts" means all integral and body parts of a vehicle of11 a type required to be registered, the removal, alteration or substitution of12 which would tend to conceal the identity of the vehicle or substantially al-13 ter its appearance, model, type or mode of operation.14 (7) "Established place of business" means a place occupied either con-15 tinuously or at regular periods by a dealer or manufacturer where his books16 and records are kept and a large share of his business is transacted.17 (8) "Excessive" or "unusual noise" means any sound made by a passen-18 ger motor vehicle or a motorcycle at any time under any condition of grade,19 speed, acceleration or deceleration, which exceeds ninety-two (92) deci-20 bels, or any lower decibel level that is fixed by law or rules adopted by the21 board of health and welfare, on the "A" scale of a general radio company no.22 1551-B sound level meter, or equivalent, stationed at a distance of not less23 than twenty (20) feet to the side of a vehicle or motorcycle as the vehicle or24 motorcycle passes the soundmeter or is stationed not less than twenty (20)25 feet from a stationary motor or engine.26 (9) "Excessive speed" means any speed of fifteen (15) miles per hour or27 more above the posted speed limit, and is only for purposes of determining28 disqualification of commercial driving privileges.29 (10) "Executive head," as used in chapter 20, title 49, Idaho Code,30 means the governor of the state of Idaho.31 (11) "Explosives" means any chemical compound or mechanical mixture32 that is commonly used or intended for the purpose of producing an explosion33 and which contains any oxidizing and combustive units or other ingredients34 in proportions, quantities or packing that an ignition by fire, by friction,35 by concussion, by percussion or by detonator of any part of the compound or36 mixture may cause a sudden generation of highly heated gases with which the37 resultant gaseous pressures are capable of producing destructive effects on38 contiguous objects or of destroying life or limb.39 (12) "Extraordinary circumstances" means any situation where an emer-40 gency exists or public safety is endangered, or any situation in which a ve-41 hicle:42 (a) Is blocking or impeding traffic; or43 (b) Is causing a hazard; or44 (c) Has the potential of impeding any emergency vehicle; or45 (d) Is impeding any snow removal or other road maintenance operation;46 or47 (e) Has been stolen but not yet reported as recovered; or48 (f) Is not registered, or displays a license plate registration tag49 which has been expired; or50

3 (g) Has been involved in an accident and remains on the highway; or1 (h) The driver of which has been arrested.2

SECTION 2. An emergency existing therefor, which emergency is hereby3 declared to exist, this act shall be in full force and effect on and after4 July 1, 2026.5