```

[Senate Report 107-164]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 423
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-164

======================================================================

 
    TO AUTHORIZE THE USE OF PERSONAL ASSISTIVE MOBILITY DEVICES ON 
                          PEDESTRIAN WALKWAYS

                                _______
                                

                 June 17, 2002.--Ordered to be printed

                                _______
                                

   Mr. Jeffords, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2024]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 2024) to amend title 23, United States 
Code, to authorize use of electric personal assistive mobility 
devices on pedestrian walkways constructed or maintained with 
Federal-aid highway funds, having considered the same, reports 
favorably thereon without amendment and with an amendment to 
the title and recommends that the bill, as amended, do pass.

                    General Statement and Background

    An ``electric personal assistive mobility device'' is a 
self-balancing, electric-powered transportation device, ridden 
by standing on a low platform stabilized between two parallel 
wheels. This new invention, first unveiled in December of 2001, 
is also known by the common names ``It'', ``Ginger'' and 
``Segway Human Transporter.'' While the consumer model is not 
yet available on the market, an industrial model is currently 
being field tested by several law enforcement, military, and 
postal service branches. The device is intended to be used on 
sidewalks, not in street traffic.
    In 47 States and the District of Columbia, State 
legislation is required to allow the electric personal 
assistive mobility device to be used on sidewalks. Such bills 
have been filed in the 39 States with 2002 legislative sessions 
and in the District of Columbia, and most of these State 
legislatures have held hearings to examine operation and safety 
issues regarding use of the device. As of the date of this 
report, 24 States have passed laws regulating the operation of 
the device on sidewalks in the State.
    This bill is needed to remove a conflict between State and 
Federal law to ensure that the same rules of operation will 
apply to all bicycle trails and pedestrian walkways in a State. 
While the great majority of these facilities are State or 
locally funded (over 75 percent) and thus subject only to State 
or local regulation, Federal policy since 1991 has enabled 
greater Federal funding participation in bicycle and pedestrian 
facilities. Current Federal law prohibits motorized vehicles 
from being used on bicycle trails and pedestrian walkways built 
with funds from the Federal-aid highway program, creating a 
conflict with State laws that would allow use of the electric 
personal assistive mobility device on any bicycle trails or 
pedestrian walkways in the State. This Federal bill does not 
pre-empt State law, nor does it require a State to act. The 
bill simply permits the use of the device on federally funded 
bicycle trails and pedestrian walkways to the extent that State 
and local regulations permit.

                     Objectives of the Legislation

    S. 2024 is intended to give State and local governments the 
authority to regulate use of the electric personal assistive 
mobility device on all bicycle trails and pedestrian walkways 
in a State, including those built or maintained with funds from 
the Federal-aid highway program.

                      Section-by-Section Analysis

Section 1. Findings

    Section 1 expresses Congressional findings that the 
electric personal mobility assistive device employs advances in 
technology and energy efficiency to fully and safely integrate 
the user with pedestrian transportation, enabling individuals 
to travel farther and carry more without the use of traditional 
vehicles, and that the device promotes gains in productivity, 
minimizes environmental impacts, and facilitates better use of 
public ways.

Section 2. Use of electric personal assistive mobility devices on 
        bicycle trails and pedestrian walkways

    Section 2 authorizes the use of electric personal assistive 
mobility devices on bicycle trails and pedestrian walkways 
constructed or maintained with Federal-aid highway funds, when 
State or local regulations permit. This authorization applies 
only to bicycle or pedestrian facilities under State or local 
jurisdiction. It does not apply to any facilities under Federal 
agency jurisdiction, such as National Park or National Forest 
trails, or to recreational trails.

                          Legislative History

    On March 15, 2002, Senator Bob Smith introduced S. 2024. 
The committee ordered the bill reported on April 25, 2002 by 
voice vote.

                                Hearings

    No hearings were held on S. 2024.

                             Rollcall Votes

    On April 25, 2002, the committee met to consider S. 2024. 
The bill was agreed to by voice vote, with Senators Clinton and 
Boxer voting no. No rollcall votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill. The bill is not 
expected to create any additional regulatory burdens, nor will 
it cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 2024 imposes no 
Federal intergovernmental mandates on State, local, or tribal 
governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:
    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 11, 2002.

Hon. James M. Jeffords, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2024, a bill to 
amend title 23, United States Code, to authorize use of 
electric personal assistive mobility devices on trails and 
pedestrian walkways constructed or maintained with Federal-Aid 
Highway Funds.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Milberg, who can be reached at 226-2860.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              

               Congressional Budget Office Cost Estimate

S. 2024, A bill to amend title 23, United States Code, to authorize use 
        of electric personal assistive mobility devices on trails and 
        pedestrian walkways constructed or maintained with Federal-Aid 
        Highway funds, as ordered reported by the Senate Committee on 
        Environment and Public Works on April 25, 2002.

    S. 2024 would allow people to use electric personal 
assistive mobility devices on trails and walkways that are 
constructed or maintained with funds from the Federal-Aid 
Highway program.
    Electric personal assistive mobility devices include the 
Segway Human Transporter. CBO estimates that implementing S. 
2024 would not have a significant effect on the Federal budget 
because it would not change the level of funding for the 
Federal-Aid Highway program or how quickly States could spend 
their Federal-aid grants. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply.
    S. 2024 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on State, local, or tribal governments.
    The CBO staff contact for this estimate is Rachel Milberg, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              

                           UNITED STATES CODE

                           *       *

       Sec. 217.--Bicycle transportation and pedestrian walkway by the Secretary, a State may 
obligate funds apportioned to it under sections 104(b)(2) and 
104(b)(3) of this title for construction of pedestrian walkways 
and bicycle transportation facilities and for carrying out 
nonconstruction projects related to safe bicycle use.
    (b) Use of National Highway System Funds.--Subject to 
project approval by the Secretary, a State may obligate funds 
apportioned to it under section 104(b)(1) of this title for 
construction of pedestrian walkways and bicycle transportation 
facilities on land adjacent to any highway on the National 
Highway System.
    (c) Use of Federal Lands Highway Funds.--Funds authorized 
for forest highways, forest development roads and trails, 
public lands development roads and trails, park roads, 
parkways, Indian reservation roads, and public lands highways 
shall be available, at the discretion of the department charged 
with the administration of such funds, for the construction of 
pedestrian walkways and bicycle transportation facilities in 
conjunction with such trails, roads, highways, and parkways.
    (d) State Bicycle and Pedestrian Coordinators.--Each State 
receiving an apportionment under sections 104(b)(2) and 
104(b)(3) of this title shall use such amount of the 
apportionment as may be necessary to fund in the State 
department of transportation a position of bicycle and 
pedestrian coordinator for promoting and facilitating the 
increased use of nonmotorized modes of transportation, 
including developing facilities for the use of pedestrians and 
bicyclists and public education, promotional, and safety 
programs for using such facilities.
    (e) Bridges.--In any case where a highway bridge deck being 
replaced or rehabilitated with Federal financial participation 
is located on a highway on which bicycles are permitted to 
operate at each end of such bridge, and the Secretary 
determines that the safe accommodation of bicycles can be 
provided at reasonable cost as part of such replacement or 
rehabilitation, then such bridge shall be so replaced or 
rehabilitated as to provide such safe accommodations.
    (f) Federal Share.--For all purposes of this title, 
construction of a pedestrian walkway and a bicycle 
transportation facility shall be deemed to be a highway project 
and the Federal share payable on account of such construction 
shall be determined in accordance with section 120(b).
    (g) Planning and Design.----
            (1) In general.--Bicyclists and pedestrians shall 
        be given due consideration in the comprehensive 
        transportation plans developed by each metropolitan 
        planning organization and State in accordance with 
        sections 134 and 135, respectively. Bicycle 
        transportation facilities and pedestrian walkways shall 
        be considered, where appropriate, in conjunction with 
        all new construction and reconstruction of 
        transportation facilities, except where bicycle and 
        pedestrian use are not permitted.
            (2) Safety considerations.--Transportation plans 
        and projects shall provide due consideration for safety 
        and contiguous routes for bicyclists and pedestrians. 
        Safety considerations shall include the installation, 
        where appropriate, and maintenance of audible traffic 
        signals and audible signs at street crossings.
    (h) Use of Motorized Vehicles.--Motorized vehicles may not 
be permitted on trails and pedestrian walkways under this 
section, except for----
            (1) maintenance purposes;
            (2) when snow conditions and State or local 
        regulations permit, snowmobiles;
            (3) motorized wheelchairs;
            (4) when State or local regulations permit, 
        electric bicycles; [and]
            (5) when State or local regulations permit, 
        electric personal assistive mobility devices; and
            [(5)] (6) such other circumstances as the Secretary 
        deems appropriate.
    (i) Transportation Purpose.--No bicycle project may be 
carried out under this section unless the Secretary has 
determined that such bicycle project will be principally for 
transportation, rather than recreation, purposes.
    (j) Definitions.--In this section, the following 
definitions apply:
            (1) Bicycle transportation facility.--The term 
        ``bicycle transportation facility'' means a new or 
        improved lane, path, or shoulder for use by bicyclists 
        and a traffic control device, shelter, or parking 
        facility for bicycles.
            (2) Electric bicycle.--The term ``electric 
        bicycle'' means any bicycle or tricycle with a low-
        powered electric motor weighing under 100 pounds, with 
        a top motor-powered speed not in excess of 20 miles per 
        hour.
            (3) Electric personal assistive mobility device.--
        The term ``electric personal assistive mobility 
        device'' means a self-balancing, nontandem-wheeled 
        device that----
                    (A) is designed to transport only 1 person 
                with personal baggage;
                    (B) is powered solely by an electric 
                propulsion system; and
                    (C) has a top motor-powered speed not in 
                excess of 20 miles per hour.
            [(3)] (4) Pedestrian.--The term ``pedestrian'' 
        means any person traveling by foot and any mobility-
        impaired person using a wheelchair.
            [(4))] (5) Wheelchair.--The term ``wheelchair'' 
        means a mobility aid, usable indoors, and designed for 
        and used by individuals with mobility impairments, 
        whether operated manually or motorized.

           *       *       *       *       *       *       *

                                  

```