Statement Regarding Potential CPSC Ebike Law Preemption of 3-class Legislation

No. I was serious. Why do e-bikes need speed limits? Why do ebikes need to be legally classified into 3 groups? Etc.

BTW, the statement "No product sold or used in the US (or anywhere else for that matter) is without some regulations" is too broad and somewhat false. And in many cases, it's part of the problem. There are too many laws and regulations. You can't wake up and live your life without breaking some stupid law that you never knew existed.
If I had my way, governments should spend the next 12 years doing nothing but eliminating laws and regulations. And, if it required the elimination of people to do that, so be it.
 
No. I was serious. Why do e-bikes need speed limits? Why do ebikes need to be legally classified into 3 groups? Etc.

BTW, the statement "No product sold or used in the US (or anywhere else for that matter) is without some regulations" is too broad and somewhat false. And in many cases, it's part of the problem. There are too many laws and regulations. You can't wake up and live your life without breaking some stupid law that you never knew existed.
If I had my way, governments should spend the next 12 years doing nothing but eliminating laws and regulations. And, if it required the elimination of people to do that, so be it.
The problem is you can't even have a sports game without rules / regulations. I'm certainly with you on the crazy amount of regulations we have but we must remember that people do get hurt / killed occasionally so it makes sense to have regulations.

The 3-class regulation was drafted by the largest auto parts producer in the world. I am certain they did not draft it with the best interest of the ebike industry in mind. Sadly this is how a lot of laws are formed...big corporations in effect pull the strings of government.
 
I like the Three-Class system for bikes. And I look forward to Standardization. Isn't it great that I can go anywhere and get a bolt that fits? That is because of standardization. The internet could not work without standardization. If a bike were purchased prior to standardization it can 1) have its wheel diameter reset in programing to bring it into compliance or 2) be subject to a grandfather clause allowing its use.
There are definite pros and cons to the three class system. I could like something similar if it fixed the problems with PFB model 3 class. I recognize that 15 USC 2085, (the same law Ken keeps talking about as HR 727,outdated terminology; Ken might have saved himself headaches without the obscure reference) while a good start for securing the rights of e-bicyclists, isn't the best approach. I think we'd be better served if it was focused on system power rather than motor power because the industry has gone to masking observable motor power by use of software/firmware limitations on current to the motor. I think 2085 is wonderful becasue it's the source of the rule that bikes and e-bikes must be treated alike. It is the only thing standing in the way of the states treating e-bikes as motor vehicles and requiring registration insurance and licensing.

The main thing I would fix about 3 class is the vague terminology. 2085 has a solid benchmark, 1 h.p., but model 3 class nowhere tells us what type of watts it refers to. But then I would add at least two more classes--one with a lower speed limitation for kids, and not allowed in the streets. Maybe keep something like 3 class in the middle. I'd add another class at the top end with greater speed and power available. Cities could ban class 5 while riral areas would have to allow it. In my state, I can make a thirty mile trip on a rural highway that I feel completely safe doing 40 m.p.h. on a bike with good handling and not see one single car in either direction. Why should I have to take an hour and a half at 20 m.p.h. when I could quite safely get there in 45 minutes. It's very frustrating to be stuck having to go slow when there's no good reason for it.

Oddly, only just now in 2026 has PeopleForBikes "taken a position" that "watts" in their model law means continuous watts, because, they claim, the federal law is silent on the matter.

PFB in-house counsel Matt Moore serves as part of the public face of PFB’s "clarification" efforts. In a 2026 video, "E-Bikes vs. E-Motos: Legal Distinctions, Legislative Strategies, and Regulatory Actions," (the same link as above) and only after receiving a question about the vagueness of having no hard standard, Mr. Moore addresses the "Whatts" confusion at 51:00, stating:

E-Bikes vs. E-motos: Legal Distinctions, Legislative Strategies, and Regulatory Actions

"PeopleForBikes’ position is that 750 watts means continuous rated power. Uh that's how motor power, useful motor power is is measured. Uh, the federal definition is silent on that."

This is utterly crazy that self-proclaimed experts so poorly understand their own law that they have to "take a position" on it and then clearly get it wrong. I strongly share Ken M's concerns that PFB is not after the consumer's best interest at all and is more concerned with market manipulation. It will be interesting to see how PFB handles New Jersey. They've got lawyers, they have money, and they have plenty of people as clients in a class action law suit. The only problem is they'd have to destroy their 3 class system's legal standing to do it, and I am betting they never do anything effective. This is solely based on legtal insight, which was my profession for many years. You listening to me about legal issues is like me listening to you on shop talk about what would be the best things to do for my bike. I know how to research and frame legal arguments, so I do.

I also want local public areas to make their own laws based on the standard Three-Class system for bikes. What works for Nantucket in 2021 may not be the current consensus in Oklahoma. And if it becomes no longer popular in Nantucket, or Oklahoma they can then amend their local rules based on the Three-Class system.
It is supremely annoying when people in cities think of solutions that are only about urban problems and then insist that the law should be "uniform" everywhere else that doesn't have the same problems, causing problems elsewhere.
 
The problem is you can't even have a sports game without rules / regulations. I'm certainly with you on the crazy amount of regulations we have but we must remember that people do get hurt / killed occasionally so it makes sense to have regulations.

The 3-class regulation was drafted by the largest auto parts producer in the world. I am certain they did not draft it with the best interest of the ebike industry in mind. Sadly this is how a lot of laws are formed...big corporations in effect pull the strings of government.
As an economic system you're seeing fascism. People think fascism means government racism or other totalitarian and extreme measures, but it's not. Nazi Germany had that quality, but the birthplace of fascisim had nothing against the Jews. It was only after Hitler demanded Italy take action against Jews that Italy became "racist." Fasciwsm is a partnership between corporations and government. We call it "corporatocracy" to avoid calling it fascism. The Soviet Union did many of the same totalitarian things the Nazis did, but that didn't make them fascist. Nationalism was a thing in both Germany and Italy, but nationalism alone isn't fascism. That's just the idea of putting your own nation's interests first.

We could associate Nazi fascism with veganism and shout Fascist! every time someone has a plate of vegetables. That has nothing to do with the economic system of fascisim and is every bit as stupid as calling racism alone fascism.
 
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