Are there instances of e-bike road riders getting punished for exceeding legal *power* limits of 750 W (US)

[Asher]

Let's forget about ebikes going over 28 mph. Are there any recorded instances of e-bikers on roads (or off street bike paths) getting fined or otherwise penalized for either using more than 750w or simply riding an e-bike capable of more?

I feel the speed limit is more or less reasonable, but the power limit prevents you from maintaining speed in traffic on hills, with heavy cargo, headwind, etc. But I've never heard of any enforcement.

 

[6zfshdb]

Many ebikes out there, including mine, have no motor wattage stickers. This makes such laws difficult to enforce. I don't see this as being an issue until class stickers with motor wattage become universally required on all bikes.

 

[Captain Slow]

E-bike rider on trial for causing death by careless driving in landmark case

Thomas Hanlon's bike didn't comply with rules meaning it should be classified as motorcycle, jury told

road.cc

Not exactly on point, but somewhat related. It is UK law so can't say that this would be a precedent for other jurisdictions.

 

[Dewey]

I am not a lawyer, e-bike case law delves into many areas but power levels haven't typically come up yet:

The most relevant case I could find was a guy in Nebraska who sued Currie Tech/Accell for a 500w front hub motor kit bought on Amazon that he claimed malfunctioned causing a bike accident that gave him a TBI
Meyer v. Currie Tech Corp., 2018 U.S. Dist. LEXIS 232773 (United States District Court for the District of NebraskaDecember 20, 2018, Filed)
Defendant argued Currie/Accell was in breach of a federal regulation 16 CFR 1512.12 that requires bicycle front hubs not fitted with a QR lever to have a positive retention feature to prevent the wheel separating from the fork. Currie/Accell's lawyers argued they were not the manufacturer of the bicycle that was converted, the court agreed this regulation did not apply to third party hub motor kits so the claim was dismissed.

Otherwise rider or employer behavior is more common, eg:

People v Lewis, 51 Misc. 3d 372, 28 N.Y.S.3d 762, 2015 N.Y. Misc. LEXIS 4867, 2015 NY Slip Op 25445 (District Court of New York, First District, Nassau County September 21, 2015, Decided).
This was someone in New York state stopped by a state trooper for riding what outside NY would be considered a Class 1 or 2 e-bike, but in New York is considered a Class B Limited-use motorcycle, while his drivers license was suspended for driving while intoxicated, the defendant appealed an e-bike is not a motor vehicle, the court ruled the absence of a VIN number on an e-bike frame meant a determination could not be made by the legal authority the New York DMV Technical Services Department, so the defendants motion was dismissed (unknown if he was subsequently convicted of driving while his license was suspended).

Changxing Li v. Kai Xiang Dong, 2017 U.S. Dist. LEXIS 32222, 2017 WL 892611 (United States District Court for the Southern District of New York March 7, 2017, Filed).
This was a group of restaurant delivery riders in New York requesting compensation from their employer. The restaurant owner had made buying and maintaining an e-bike a condition of their employment, but did not reimburse their costs. The Court heard the riders were buying $1,500 e-bikes every two years and a replacement battery for $450 each year. The Court ruled the restaurant owner had to reimburse each employee delivery rider an amount equivalent to $1,000 per year.

State v. Trygg, 298 Ore. App. 809, 448 P.3d 692, 2019 Ore. App. LEXIS 1027 (Court of Appeals of Oregon August 7, 2019, Decided).
This was someone in Oregon riding an e-bike in a bicycle lane passed by a bus that then signalled it was turning right, the e-bike rider did not slow and he was right-hooked by the bus at the next intersection. The rider was fined for breaching an Oregon law that does not permit bicycles or e-bikes to pass vehicles on the right without slowing down before an intersection.

 

[Dewey]

E-bike rider on trial for causing death by careless driving in landmark case

Thomas Hanlon's bike didn't comply with rules meaning it should be classified as motorcycle, jury told

road.cc

Not exactly on point, but somewhat related. It is UK law so can't say that this would be a precedent for other jurisdictions.

This took place after EU regulations changed providing for registering L1e-B speed pedelecs in the UK so he will be dealt with as if he were a motorist causing death by careless driving without a motorcycle license, and speeding on an unregistered, uninsured, electric motorcycle. Thread on the UK Pedelecs forum https://www.pedelecs.co.uk/forum/th...-going-too-fast-court-case.36801/#post-543083

 

[Asher]

Thanks for the responses. I figured the odds were pretty low, that it's a pretty remote situation. @Dewey you have a great command of the case law!

Here's how I could see it happening:
1. Cop checks for stickers, as mentioned earlier, and bike doesn't have it.
2. Cop checks for sticker and the sticker is counterfeit/not from manufacturer.
3. Crash occurs or even you get pulled over after evidence of illegal power level is gathered (say, going 27 mph uphill, or simply lab test of bike/motor post-crash).
4. Government forces recall of e-bikes with 'off-road' mode with power over 750 W.

All of these seem unlikely, in the short term at least, though #3 is somewhat plausible. I could see the EU getting more serious about #4, but their regulations for s-pedelecs allow 4kw anyway, so hardly an issue if you have a licensed s-pedelec.

 

[Dewey]

2. Cop checks for sticker and the sticker is counterfeit/not from manufacturer.

I am not a lawyer but my understanding is the BPSA/PfB 3-class model ebike law being adopted by the states does not say the sticker always has to be from the manufacturer, this is true for the initial sale but any subsequent changes the owner makes to the controller power/speed settings mean the sticker has to be replaced, but it doesn't say it has to be a manufacturer sticker, hence aftermarket stickers like this applied by the owner ought to be legal (though not yet tested in case law).

 

[Captain Slow]

Dewey, you're not a lawyer? Geez, you seem to have done a pretty good job researching case law and your comments are quite insightful. Are you a paralegal or do you work with the law somehow? If not for the disclaimer I think most would assume you are a lawyer.

 

[Dewey]

Dewey, you're not a lawyer? Geez, you seem to have done a pretty good job researching case law and your comments are quite insightful. Are you a paralegal or do you work with the law somehow? If not for the disclaimer I think most would assume you are a lawyer.

I am a librarian, I got into reading the legalities of riding an e-bike when I converted a pedal bike with a kit motor to commute to work occasionally - had no idea the can of worms surrounding e-bike legality and am frustrated I continue to have to break municipal regulations sometimes to ride safely in the absence of safe bicycle infrastructure. But that being said I am encouraged by the adoption of the model 3-class ebike law and legal progress in Virginia - this spring session has seen more pro-cycling legislation passed in Richmond than any other time in the 15 years I've been living here.

 

[Nutella]

Thanks for the responses. I figured the odds were pretty low, that it's a pretty remote situation. @Dewey you have a great command of the case law!

Here's how I could see it happening:
1. Cop checks for stickers, as mentioned earlier, and bike doesn't have it.
2. Cop checks for sticker and the sticker is counterfeit/not from manufacturer.
3. Crash occurs or even you get pulled over after evidence of illegal power level is gathered (say, going 27 mph uphill, or simply lab test of bike/motor post-crash).
4. Government forces recall of e-bikes with 'off-road' mode with power over 750 W.

All of these seem unlikely, in the short term at least, though #3 is somewhat plausible. I could see the EU getting more serious about #4, but their regulations for s-pedelecs allow 4kw anyway, so hardly an issue if you have a licensed s-pedelec.

I agree, I think the only time it could/would matter is #3 if you crashed and caused damage or injury. No cop is going to spend time checking stickers on ebikes. The laws only matter because they gave us the opportunity to ride ebikes pretty much anywhere, no one is going to care what class they are unless you cause trouble.

 

[Johnny]

This took place after EU regulations changed providing for registering L1e-B speed pedelecs in the UK so he will be dealt with as if he were a motorist causing death by careless driving without a motorcycle license, and speeding on an unregistered, uninsured, electric motorcycle. Thread on the UK Pedelecs forum https://www.pedelecs.co.uk/forum/th...-going-too-fast-court-case.36801/#post-543083

Poor lady, this is so sad. Electric or not the rider was irresponsible. Doing 30mph on a 20mph limited road , whether it is a car or a normal bicycle is irresponsible and will cause these kinds of accidents. Did he have a throttle on the bike?