28-2516. Motorized gas powered bicycles or tricycles; definition

A. Notwithstanding any other provision of this title:

1. A certificate of title is not required for a motorized gas powered bicycle or tricycle.

2. Registration is not required for a motorized gas powered bicycle or tricycle.

3. Vehicle license tax is not imposed on a motorized gas powered bicycle or tricycle.

4. A motorized gas powered bicycle or tricycle is exempt from the provisions of section 28-964 relating to required equipment on motorcycles and motor-driven cycles and from the provisions of title 49, chapter 3, article 5 relating to vehicle emissions inspections.

5. A driver license is not required to operate a motorized gas powered bicycle or tricycle.

6. A motorized gas powered bicycle or tricycle may use rights-of-way designated for the exclusive use of bicycles.

7. A motorized gas powered bicycle or tricycle is not subject to chapter 9 of this title.

B. This section does not prohibit a local authority from adopting an ordinance that regulates or prohibits the operation of motorized gas powered bicycles or tricycles, except that a local authority shall not adopt an ordinance that requires registration and licensing of motorized gas powered bicycles or tricycles.

C. For the purposes of this section, " motorized gas powered bicycle or tricycle" :

1. Means a bicycle or tricycle that is equipped with a helper motor that has a maximum piston displacement of forty-eight cubic centimeters or less, that may also be self-propelled and that is operated at speeds of less than twenty miles per hour.

2. Does not include an electric bicycle.