Bill Text: NJ S2720 | 2018-2019 | Regular Session | Chaptered


Bill Title: Requires autocycles to be insured by PIP coverage to pedestrians.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Passed) 2019-05-10 - Approved P.L.2019, c.110. [S2720 Detail]

Download: New_Jersey-2018-S2720-Chaptered.html

§3 - Note

 


P.L. 2019, CHAPTER 110, approved May 10, 2019

Senate, No. 2720 (First Reprint)

 

 


An Act concerning insurance coverage required of autocycles and amending P.L.2016, c.35 and P.L.1983, c.362.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 2 of P.L.2016, c.35 (C.39:3-10.34) is amended to read as follows:

     2.    a.   An autocycle shall be registered as a motorcycle pursuant to R.S.39:3-4.

     b.    A person shall not be required to hold a motorcycle license or a motorcycle endorsement to operate an autocycle if the person holds a basic driver's license to operate a motor vehicle pursuant to R.S.39:3-10. 

     c.     A person shall not drive, operate, or ride as a passenger in an autocycle without: (1) sitting on a seat; (2) properly using a safety seat belt; and (3) wearing a securely fitted protective helmet pursuant to section 6 of P.L.1967, c.237 (C.39:3-76.7) if required.

     d.    A person operating an autocycle shall not permit a child to be a passenger in the autocycle if the child would be required to be secured in a child passenger restraint system, pursuant to section 1 of P.L.1983, c.128 (C.39:3-76.2a).

     e.     An owner or registered owner of an autocycle registered or principally garaged in this State shall maintain motor vehicle liability insurance coverage pursuant to section 1 of P.L.1972, c.197 (C.39:6B-1), personal injury protection coverage for pedestrians pursuant to section [4 of P.L.1972, c.70 (C.39:6A-4)] 19 of P.L. 1983, c.362 (C.17:28-1.3), and uninsured motorist coverage pursuant to section 14 of P.L.1972, c.70 (C.39:6A-14).

     f.     The chief administrator shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement this act.  The chief administrator may include information on autocycles in the commission's driver's manual and on its Internet website.

     1g.   For purposes of this section:

     "Autocycle" means a three-wheeled motorcycle designed to be controlled with a steering wheel and pedals in which the operator and passenger may ride in a completely or partially enclosed seating area that is equipped with a roll cage or roll hoops, safety seat belts for each occupant, and anti-lock brakes.

     "Motorcycle" includes motorcycles, autocycles, motor bikes, bicycles with motor attached and all motor-operated vehicles of the bicycle or tricycle type, except motorized bicycles as defined in this section, whether the motive power be a part thereof or attached thereto and having a saddle or seat with driver sitting astride or upon it or a platform on which the driver stands.

     "Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface.1

(cf: P.L.2016, c.35, s.2)

 

     2.    Section 19 of P.L.1983, c.362 (C.17:28-1.3) is amended to read as follows:

     19.  1a.1  Every liability insurance policy issued in this State on a motor vehicle, exclusive of an automobile as defined in section 2 of P.L. 1972, c.70 (C.39:6A-2), but including a motorcycle and an autocycle, or on a motorized bicycle, insuring against loss resulting from liability imposed by law for bodily injury, death, and property damage sustained by any person arising out of the ownership, operation, maintenance, or use of a motor vehicle or motorized bicycle shall provide personal injury protection coverage benefits, in accordance with section 4 of P.L. 1972, c. 70 (C.39:6A-4), to pedestrians who sustain bodily injury in the State caused by the named insured's motor vehicle or motorized bicycle or by being struck by an object propelled by or from the motor vehicle or motorized bicycle.

     1b.   For purposes of this section:

     "Autocycle" means a three-wheeled motorcycle designed to be controlled with a steering wheel and pedals in which the operator and passenger may ride in a completely or partially enclosed seating area that is equipped with a roll cage or roll hoops, safety seat belts for each occupant, and anti-lock brakes.

     "Motorcycle" includes motorcycles, autocycles, motor bikes, bicycles with motor attached and all motor-operated vehicles of the bicycle or tricycle type, except motorized bicycles as defined in this section, whether the motive power be a part thereof or attached thereto and having a saddle or seat with driver sitting astride or upon it or a platform on which the driver stands.

     "Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface.1

(cf: P.L.1985, c.520, s.19)

     3.    This act shall take effect 1[on the 180th day next following enactment] immediately1 and shall apply to insurance policies on autocycles issued on or after 1[that] the effective1 date.

 

 

                                

 

     Requires autocycles to be insured for PIP coverage to pedestrians.

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