Public Law 107-319

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[107th Congress Public Law 319]
[From the U.S. Government Publishing Office]


<DOC>
[DOCID: f:publ319.107]


[[Page 116 STAT. 2776]]

Public Law 107-319
107th Congress

                                 An Act


 
   To amend the Consumer Product Safety Act to provide that low-speed 
        electric bicycles are consumer products subject to such 
               Act. <<NOTE: Dec. 4, 2002 -  [H.R. 727]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONSUMER PRODUCT SAFETY ACT.

    The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended 
by adding at the end the following:

                      ``low-speed electric bicycles

    ``Sec. 38. <<NOTE: 15 USC 2085.>>  (a) Notwithstanding any other 
provision of law, low-speed electric bicycles are consumer products 
within the meaning of section 3(a)(1) and shall be subject to the 
Commission regulations published at section 1500.18(a)(12) and part 1512 
of title 16, Code of Federal Regulations.

    ``(b) For the purpose of this section, the term `low-speed electric 
bicycle' means a two- or three-wheeled vehicle with fully operable 
pedals and an electric motor of less than 750 watts (1 h.p.), whose 
maximum speed on a paved level surface, when powered solely by such a 
motor while ridden by an operator who weighs 170 pounds, is less than 20 
mph.
    ``(c) To further protect the safety of consumers who ride low-speed 
electric bicycles, the Commission may promulgate new or amended 
requirements applicable to such vehicles as necessary and appropriate.
    ``(d) This section shall supersede any State law or requirement with 
respect to low-speed electric bicycles to the extent that such State law 
or requirement is more stringent than the Federal law or requirements 
referred to in subsection (a).''.

SEC. 2. MOTOR VEHICLE SAFETY STANDARDS. <<NOTE: 49 USC 30102 note.>> 

    For purposes of motor vehicle safety standards issued and enforced 
pursuant to chapter 301 of title 49, United States Code,


[[Page 116 STAT. 2777]]

a low-speed electric bicycle (as defined in section 38(b) of the 
Consumer Product Safety Act) shall not be considered a motor vehicle as 
defined by section 30102(6) of title 49, United States Code.

    Approved December 4, 2002.

LEGISLATIVE HISTORY--H.R. 727:
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HOUSE REPORTS: No. 107-5 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD:
                                                        Vol. 147 (2001):
                                    Mar. 6, considered and passed House.
                                                        Vol. 148 (2002):
                                    Nov. 18, considered and passed 
                                        Senate.

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