Boise Idaho's New eBike Law 12/17

[J.R.]

If the article is correct, Boise rewrote what a class 3 ebike is. Some of this new law is ok, but much of it is not.

Class 3 e-bikes also have throttles. The difference is that they have top speeds that can exceed 28 mph. The city’s law will not allow them on the Greenbelt, sidewalks, crosswalks or in bike lanes.

http://www.idahostatesman.com/news/local/community/boise/article190655204.html

If the law is written in this way, where do speed pedelecs fall? Out? Other than DIY bikes, most s-peds don't have throttle. Seems that would create something of a limbo, or a grey area for them and their owners.

 

[idahoskiguy]

Sadly here in Boise we have people making policy that have absolutely no idea of what they are making the policy about. The recent policy is in direct conflict with the federal law and how bikes are defined. The regulations imposed by the Boise City Counsel would likely not hold up if challenged since the federal law supersedes state and local laws.

 

[Saratoga Dave]

IF the law is written exactly as presented in this article, this would be my two cents on it...if the article misrepresents the wording, then disregard everything that follows. I'm relying on the story, and we all know how that can go sometimes.

I'd agree this was poorly written by persons who have no idea what they're talking about, but to my legally oriented mind it works out clearly in favor of something like a Trek or Specialized speed pedelec - something with no throttle.

You read a law from left to right, kind of like an If or Case statement in a computer program, and the first place a condition evaluates false, you stop right there. The rest doesn't matter, because that particular condition is not true.

Therefore: "Class 3 e-bikes also have throttles". Your bike doesn't? End of story. The rest doesn't matter, since that comes FIRST. This is clearly defensible; there is zero ambiguity in that line, none.

And as an extra plum on top here, the damn fools wrote "can exceed 28 mph" instead of "can reach 28 mph". Again, it really doesn't matter, but every speed pedelec I know of cuts out AT 28, not above it, or that is the design spec at least.

I'd keep a copy of the law right with me and ride without fear, but I still wouldn't be out there racing along drawing attention to myself. Ride like everyone else and I would expect to be OK.

At least you've got some written points to argue and hang your hat on, which is a hell of a lot better that still in New York state where it couldn't get any more confusing.

 

[Morgan W.]

The minutes packet with e-bike stuff starting on page 908, ordinance 35-17 amending title 10: chapter 1, section 1, chapter 11, section 4, chapter 14 sections 1-19 and adding sections 23 through 28.

Chapter 10-14 with the revised bicycle section of the Boise City Code.

E-bikes are defined in 10-14-1 H. and there's nothing about 28 MPH bikes: ELECTRIC POWER-ASSISTED BICYCLE (“E-bike”): A vehicle having two (2) tandem wheels or two (2) parallel wheels and one (1) forward wheel, any two of which are not less than twelve (12) inches in diameter, that is designed to be operated by human power with the assistance of an electric motor that has a power output of not more than seven hundred fifty (750) watts that: (i) is incapable of propelling the vehicle at a speed of more than twenty (20) miles per hour; and (ii) disengages or ceases to function when the vehicle's brakes are applied. An E-bike is not a motor vehicle for purposes of this Chapter.

The city's spokesman isn't helping anything by talking about things that aren't in the law:

'“E-bikes that can reach or exceed speeds of 28 miles per hour (Class 3) are not allowed on the Greenbelt, on sidewalks, in crosswalks or in bike lanes throughout the city under the ordinance,” Boise City spokesman Mike Journee pointed out. '

 

[elyhim]

Easy to understand, you don't need your particular ebike defined. If your ebike exceeds 28mph it's a motorbike or moped not a bicycle that is allowed in bike lanes, greenways etc.. Seems pretty common sense to me.

 

[J.R.]

Boise has amended and clarified the laws and ordinances governing ebikes in Ada County. Furthermore the county commissioners voted unanimously to permit the use of ebikes in the entire Greenbelt area. It sounds like the county government is learning just what an ebike is and is not! Good for Boise, good for ebikers in Idaho's state capital!

https://www.google.com/amp/amp.kivi...permitted-on-entire-ada-county-greenbelt.html