Rep. Chris Mathias seeks to clarify drivers’ duty of care for electric-assisted bicycles

Representative Chris Mathias (District 19) told the committee RS 32,977 grew from a local collision in October 2024 in which a judge concluded an electric-assisted bicycle did not fall under the statute requiring drivers to exercise due care toward "human powered" vehicles. Mathias said he does not believe the Legislature intended that outcome and wants code sections updated so drivers and electric-assisted bicycle operators share the same rights and responsibilities.

"The question before the judge was, is an electric assisted bike a human powered vehicle? And the answer is no," Mathias said, summarizing the judge's reasoning and arguing the statute should be clarified so drivers retain a duty of care toward operators of electric-assisted bicycles.

Mathias said RS 32,977 would amend several code sections (49-615, 49-714 and 49-715) to make clear drivers must exercise due care to avoid collisions with electric-assisted bicycle operators and that operators of electric-assisted bicycles are subject to the same traffic rights and duties as other drivers. He said he provided the committee with an audio clip of the judge’s ruling to illustrate how the current statutory language was interpreted in court.

The committee moved to introduce RS 32,977 for further consideration; the motion carried by voice vote. Mathias said the changes are intended to remove ambiguity in traffic enforcement and local regulation, and he stood for questions from members.