A Repeat Regulation / Law Question...

[Nutella]

There is implicit statements in the federal law that equates compliant ebikes as bikes.

There are? Maybe I'm dense, but I don't see any.

§2085. Low-speed electric bicycles
(a) Construction
Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 2052(a)(1) 1 of this title and shall be subject to the Commission regulations published at section 1500.18(a)(12) and part 1512 of title 16, Code of Federal Regulations.

(b) Definition
For the purpose of this section, the term “low-speed electric bicycle” means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.

(c) Promulgation of requirements
To further protect the safety of consumers who ride low-speed electric bicycles, the Commission may promulgate new or amended requirements applicable to such vehicles as necessary and appropriate.

(d) Preemption
This section shall supersede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a) of this section.

 

[Ken M]

For the federal government to supersede state law it would require an act of Congress in the form of law. Even then it would be taken to the courts. The supreme court has had many cases involving states rights and the 10th amendment.

https://constitutioncenter.org/interactive-constitution/amendments/amendment-x

A federal agency of beurocrats (CPSC) put the ebike regs in place. Beurocrats (unanswerable to the electorate) cannot overrule elected representative's constitutionally sound law. Yes federal law does override state law, when its constitutional. Congress hasn't passed any ebike laws that I'm aware of.

If you want to challenge laws or regulations for bikes/ebikes, you should contact an advocate group like People for Bikes. I'm sure there are others.

I should add that I don't think the federal ebike law/regulation/definition is unconstitutional. It was a product that they felt needed clarity and they did that. I would think the states would respect that when passing their regulations and I believe fully that they did intend that to be the case. There is just some subtle differences that could at least impact the differentiation of a class 3 ebike.

 

[Ken M]

There are? Maybe I'm dense, but I don't see any.

§2085. Low-speed electric bicycles
(a) Construction
Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 2052(a)(1) 1 of this title and shall be subject to the Commission regulations published at section 1500.18(a)(12) and part 1512 of title 16, Code of Federal Regulations.

(b) Definition
For the purpose of this section, the term “low-speed electric bicycle” means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.

(c) Promulgation of requirements
To further protect the safety of consumers who ride low-speed electric bicycles, the Commission may promulgate new or amended requirements applicable to such vehicles as necessary and appropriate.

(d) Preemption
This section shall supersede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a) of this section.

16 CFR Part 1512 is the requirements for bicycles. That seems pretty implicit given the direct reference. Sorry for the large fonts...came as copied.

 

[6zfshdb]

I'm just looking for clarity because I do worry that some states may just decide a 500W pedelec is a motor vehicle.

I think this is something we all worry about.

Federal, state and local eibke laws are in a constant state of flux. I never know from one week to the next if I'm breaking a law by riding trails I've ridden for years. Fortunately, with the exception of some cities, enforcement is mostly non existent.

 

[Ken M]

I think this is something we all worry about.

Federal, state and local ebike laws are in a constant state of flux. I never know from one week to the next if I'm breaking a law by riding trails I've ridden for years. Fortunately, with the exception of some cities, enforcement is mostly non existent.

I think People for Bikes and BSPA wanted the "model ebike legislation" being pushed at the state level to be consistent with the federal definition of a consumer product ebike knowing that the federal regulation would supersede anything more stringent. This is stated directly on BPSA's webiste: "In 2015, the coalition mobilized manufacturers and suppliers to establish e-bike classifications based on the product sold in Europe and consistent with U.S. federal regulations around e-bike manufacturing and sales.

Any conflict will eventually be resolved.