SENATE LAW AND PUBLIC SAFETY COMMITTEE

STATEMENT TO

SENATE, No. 3173

STATE OF NEW JERSEY

DATED:  MARCH 11, 2021

      The Senate Law and Public Safety Committee reports favorably Senate Bill No. 3173.

      As reported by the committee, this bill regulates the operation of pedicabs in the State and permits passengers of pedicabs to consume alcoholic beverages in certain circumstances.

     The bill defines a “pedicab” as a wheeled device that: contains three or more wheels; is designed to transport passengers and be propelled by human power using pedals; is designed to accommodate no more than 15 passengers in addition to the driver; and is operated for hire.

     Under the bill’s provisions, a pedicab is permitted to operate under the following conditions:

     (1)   operation of a pedicab is authorized by ordinance adopted by the governing body of the municipality in which the pedicab operates;

     (2)   the pedicab operator is at least 21 years of age and possesses a valid driver’s license issued by New Jersey or another state;

     (3)   the pedicab is equipped with seatbelts for all passengers, seat backs, brakes, reflectors, a headlight, and grab rails;

     (4)   the owner of the pedicab maintains a general liability insurance policy in a minimum amount of $500,000 coverage per accident;

     (5)   the pedicab operator does not operate the pedicab on any highway with a posted speed limit in excess of 30 miles per hour, except to cross the highway at an intersection;

     (6)   the pedicab operator operates the pedicab as close as practicable to the right-hand curb or edge of the roadway, except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing to make a left turn; and

     (7)   the pedicab owner, pedicab operator, and pedicab meet any other requirements as may be required by ordinance adopted by the governing body of the municipality in which the pedicab operates, except that a municipality is not to restrict a pedicab operator from permitting the consumption of alcoholic beverages in accordance with the bill’s provisions.

     The bill further provides that a pedicab operator may permit the consumption of alcoholic beverages by passengers of the pedicab under the following conditions:

     (1)   the operator of the pedicab does not consume alcoholic beverages while operating the pedicab;

     (2)   each passenger of the pedicab is at least 21 years of age;

     (3)   alcoholic beverages are limited to single-serving sealed containers of: beer; wine; hard cider; mead; other malt beverages; other fermented beverages, such as hard seltzer and hard tea; and prepared mixed beverages made with spirits;

     (4)   the owner or operator of the pedicab does not sell or offer for sale to passengers food, alcoholic beverages, or any other liquid refreshments; and

     (5)   the pedicab is equipped with as many waste receptacles as necessary to permit each passenger to reach a waste receptacle while seated.