Can city and state ordinances trump federal law?

Just a ridiculous use of "force" I'm just a guy from Canada where if the cops actually pulled you over for your weird looking ebike it would be to try it out and have some fun or offer you a ride somewhere!
Too many cops have been killed here.
 
I don't see what that has to do with having 7 cop cars pulling over one dude on a bike
 
Just a ridiculous use of "force" I'm just a guy from Canada where if the cops actually pulled you over for your weird looking ebike it would be to try it out and have some fun or offer you a ride somewhere!
Hey James, do you know any single ladies in Canada who might be interested in marrying an enthusiastic electric bike blogger? I'd like to find my way into Canada, seems like a nice place ;)
 
If you give the Phoenix Police any static, back up officers will show up, tis a rule here. No back talk allowed...

Good thing he didn't further question their aurthority and read them the Federal law... the SWAT team might have shown up!
I do agree the XB-500 looks more like a scooter then a bicycle.
 
Hey James, do you know any single ladies in Canada who might be interested in marrying an enthusiastic electric bike blogger? I'd like to find my way into Canada, seems like a nice place ;)

Sure man! The Vancouver Bike Show is next weekend. Lets get a booth, promote www.Electricbikereview.com and take notes on all the lovely bike ladies!!
I can't guarantee anything, but in my day I was quite the wing-man!!
See you next week playa!
 
Ha! Wow, I wish I could make it up for the show... that sounds awesome! I'm heading to California in a couple of weeks to see all of Currie's new stuff. Barely breaking even on the site right now and I'd like to go to Interbike and maybe Eurobike so I'll probably have to skip this time. If you have any thoughts on how to tastefully monetize the site I'm open to suggestions :)
 
Calvin,

There are a set of airplane regulations that are similar to the ebike regulations. It's called Part 103 and it allows any aircraft under about 250 pounds to be flown without any license, registration, training, or medical requirement. These are Ultralight Regulations. They have been abused to the point where its meaningless, because anybody who makes light aircraft finds it a lot easier under Part 103, and people don't want all the regs. The funny part is that it just goes on being a giant mess, perhaps forever. If you crash and maybe do some damage, the FAA can say you were flying an unregistered aircraft as an uncertificated pilot. They could just weigh whatever remained and see if it was over the weight. But other than that there is just no enforcement.

Basically, manufacturers are going to wrap themselves around any 'fig leaf' that lets them operate in a seriously unregulated environment. But if you say there is a limit on speed (airspeed in the case of an Ultralight) it's too easy for people to remove the restraints. They are never really going to catch that on an ebike, unless you are doing 25 mph in a 15 mph school zone, something like that. I know of regular bikers caught by this, I guess with radar. The more people push the regulations, the more likely a more serious problem occurs. More speed or more weight means more damage.

There's a set of regulations for when everything is normal and everyone gets home safe. It's when the dark forces line up and you are stuck at the center. I would be very careful around children, who can dart for no reason. You just never know what a prosecutor is going to suggest the law is, if something fairly dramatic happens and it becomes a media circus. I saw a lot of episodes of Law and Order where McCoy bent the law to the breaking point to prosecute somebody. It's not an ebike scenario, but it's how prosecutors can handle situations.

Utah decided to permit ATV's on the streets, with registration and insurance, five years ago. It's been uneventful. I don't think anyone wants to license ebikers, or require registrations, so I take heart that fairly powerful gas vehicles, not automobiles, are allowed. ATV's are loud and create huge clouds of dust. Ebikes are almost zero impact.

There's a sheriff or highway patrol shot and often killed 2 or 3 times a year, anymore. It's miserable. I grew up in Tucson, had 3 friends go into law enforcement, but it's just not the same deal anymore.

Best,
George
 
NYC is often referenced when speaking of ebike law, but it seems like we are finally making some headway. A recent resolution has been presented at City Council and it seems to be making it way up to Albany.

Story quoted below:
Council Member Espinal Introduces Resolution in Support of Legalizing Electric Assisted Bicycles

(Brooklyn, NY)- Council Member Rafael L. Espinal, Jr., of Brooklyn today introduced a resolution in support of State legislation that would legalize the use of electric assisted bicycles in New York. The State bill, introduced by Senator Martin Malavé Dilan and Assembly Member David F. Gantt, would amend the State Vehicle and Traffic law to include electric assisted bicycles in the definition of bicycles and thus permit their use. “Many people would benefit from the State legalizing the use of electric assisted bicycles. From people who make food deliveries for a living, to commercial cyclists, to people who have health problems, all will benefit from e-bikes,” stated Council Member Espinal.

Council Member Espinal doesn’t understand why New York State has lagged behind and not implemented the Federal standards established in 2002 that set the parameters for electric assisted bicycles. “It just doesn’t make sense for the State to maintain the status quo. The use of electric assisted bicycles can have positive effects on New York’s economy and environment. It is a mode of clean transportation.” Others echoed the same sentiment. State Senator Martin Malavé Dilan indicated that it is the right time to move this legislation. “More and more New Yorkers are turning to electric-assisted bicycles as a cost-effective and environmentally responsible alternative mode of transportation. Uses for e-bikes range from the daily commute to local delivery route, but their practicality could also benefit the elderly and disabled. I can’t think of a State and City more suited for the electric bike than New York. The time has come to embrace them,” said Senator Dilan.

The Coalition Urging Responsible Biking, also known as CURB, applauded the introduction of the Council resolution and believes that it is an important step towards getting the State bill passed. “Electric-assist bicycles are an important new, slow, safe, healthful and economical mode of transportation. We applaud Council Member Espinal's efforts to make certain that they are available to our citizens, especially the older population, those for whom riding ordinary bicycles is a challenge, and those with long commutes and long work days,” stated Steve Stollman, a spokesperson for CURB.

No date has been set yet for a hearing on the Council resolution but Council Member Espinal hopes that a vote can take place before Albany ends this year’s legislative session in June.
 
Calvin,

This is an interesting video:


The guy who gets pulled over has a fairly extreme view of authority, but I can't find anything wrong in what he is doing. Seven police vehicles for an electric scooter? The whole thing is unreal. Incidents like these do not lend themselves to good lawmaking.

The way the legal system is structured, you won't know what the laws mean, and there are so many laws, how do you sort it out? The last bike path I rode on said "No Motorized Vehicles". OK, so Federal law say it's a bike, even if it's an ebike. But the sign does not say "Bikes Only".

George

Well this guy doesn't seem to know the law in his own town, and that's always a bad sign.
Whining and sarcasm are like feeding red meat to cops.

I've been stopped several times by cops asking how far it goes, how fast and how much... I give'em the spiel and always offer them a free demo....

When it comes to the police, be friendly, be frank and know the law. Don't agree to a search if you do not want to
 
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Chris, that's good news. Hopefully it will pass this time around. Interesting interpretation of NY ebike law by Wikipedia:
Electric bicycles are unregulated in New York State at the state level, so the Federal definition of ebikes applies. While there are NY DMV laws banning "motor-assisted bicycles" per nys dmv technical services 518 474-5282,[71][72] they do not apply because by the federal definition of an ebike it is not considered a "motor vehicle". These DMV laws predate the federal definition and were probably intended to regulate gasoline-powered bicycles. There is a proposed bill to explicitly define ebikes at the state level, Bill S00390A ("Defines the term electric assisted bicycle")[73] and its corresponding Bill A01618. The NYS definition of ebikes in this bill is almost exactly the same as the Federal definition that currently applies.
 
Chris, that's good news. Hopefully it will pass this time around. Interesting interpretation of NY ebike law by Wikipedia:
I'd trust a Wikipedia legal opinion as soon as I'd trust a Wikipedia article on how to perform an open heart surgery procedure, especially when its not gonna stop you from getting a ticket, but I am enthused by Chris' article about the push for actual effective change.
 
The bottom line is, use your head and ride the safest way you can for the the situation you are in. If you are weaving in and out of foot traffic doing 20mph on a boardwalk or sidewalk, well you deserve a ticket.

If you do not draw attention to yourself you will most likely be fine. I have been riding ebikes for the past 8 years and I still haven't been pulled over. Knock on wood.
 
Couldn't agree more. If I really thought the legality of ebikes was going to be a problem for me in NY, I would never have bought one. I rode past a police office yesterday, not even a glance. Common sense and not drawing attention to one's self is really all it takes.
 
We sell to a lot of customer in Manhattan as we are only an hour away and we advise our customers on the law. The current NY law is targeting throttle ebikes and there is a law granting permission to pedal assisted ebikes in NYC, but most are not aware of that as the media likes to boast about "electric bikes" being illegal even though it's not entirely true. I believe NYCEwheels takes a similar stance. The fact is the police are looking to target reckless delivery guys, and they're not too interested in the standard commuters and recreational riders unless they are being reckless.
 
We sell to a lot of customer in Manhattan as we are only an hour away and we advise our customers on the law. The current NY law is targeting throttle ebikes and there is a law granting permission to pedal assisted ebikes in NYC, but most are not aware of that as the media likes to boast about "electric bikes" being illegal even though it's not entirely true. I believe NYCEwheels takes a similar stance. The fact is the police are looking to target reckless delivery guys, and they're not too interested in the standard commuters and recreational riders unless they are being reckless.
Very interesting Chris, can you provide any more information or quote and cite the laws that talk about pedal assist electric bikes being legal in New York? It's awesome to hear this... Glad we've got you on the "inside" to help clarify things ;)
 
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