(A) Electric bicycle defined; classes. For purposes of this chapter, the term ELECTRIC BICYCLE means a bicycle or a tricycle that is equipped with a seat or saddle, with operable pedals for propulsion, and with an electric motor of 750 watts or less.
(1) An electric bicycle is a Class I electric bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of 20 miles per hour is achieved.
(2) An electric bicycle is a Class II electric bicycle if the motor is capable of propelling the bicycle without the person pedaling and ceases to provide assistance when a speed of 20 miles per hour is achieved.
(3) An electric bicycle is a Class III electric bicycle if the motor provides assistance only when the person is pedaling and ceases to provide assistance when a speed of 28 miles per hour is achieved.
(SDCL § 32-20B-9)
(B) Label to be affixed to electric bicycle by manufacturer or distributor; modification; violation as misdemeanor.
(1) Beginning January 1, 2020, any person who manufacturers or distributes an electric bicycle in this state shall permanently affix to the electric bicycle a label that contains the following information:
(a) The designated class of the electric bicycle;
(b) The maximum assisted speed of the electric bicycle; and
(c) The wattage of the electric bicycle’s motor.
(2) If a person makes a modification to the electric bicycle that affects the bicycle’s maximum speed, or manner of propulsion, the person shall amend the label required by this section to accurately reflect the required information.
(3) Any person who violates this section is guilty of a Class 2 misdemeanor.
(SDCL § 32-20B-10)
(C) Electric bicycle equipment requirements. An electric bicycle shall be equipped so that the electric motor is disengaged or ceases to function when the person stops pedaling or when the brakes are applied.
(SDCL § 32-20B-11)
(D) Designated areas of operation of electric bicycles.
(1) Unless otherwise prohibited by the municipality, a person may operate a Class I or Class II electric bicycle on any bicycle path or multi-use path in the municipality.
(2) A person may not operate a Class III electric bicycle on a bicycle path or multi-use path in this municipality unless:
(a) The bicycle path or multi-use path is within or adjacent to a highway or roadway; or
(b) The governmental entity having jurisdiction over the bicycle path or multi-use path expressly permits the use.
(3) A person may operate a Class III electric bicycle on a trail that has been designated as nonmotorized, if the trail was constructed only by clearing or grading the native soil and without the installation or placement of any additional surface material and if the governmental entity having jurisdiction over the trail has not otherwise prohibited or restricted the operation.
(SDCL § 32-20B-12)
(E) Age restrictions for Class III electric bicycle. To operate a Class III electric bicycle in the municipality, a person shall be at least 16 years of age. This section does not prohibit a person younger than 16 years of age from riding as a passenger on a Class III electric bicycle, if the bicycle is designed to accommodate a passenger.
(SDCL § 32-20B-13)
(F) Helmet requirement for Class III electric bicycle. Any person who is less than 18 years of age and operating a Class III electric bicycle and any person who is a passenger on a Class III electric bicycle, regardless of age, shall wear a properly fitted and fastened bicycle helmet.
(SDCL § 32-20B-14)
(G) Speedometer requirement for Class III electric bicycle. Any person operating a Class III electric bicycle shall ensure that the bicycle is equipped with a functioning speedometer.
(SDCL § 32-20B-15) Penalty, see § 70.99