Confused About "Class 1 Legality"

[CSH]

Hello to All...............

As a New Ebike owner I'm Confused About "Class 1 Legality" .

We have a very nice Bike & Pedestrian Pathway in my community (in Southern California).
I was looking forward to taking my Class 1 bike on it.
However, I Googled the Trail Head and see this sign stating "No Motorized Vehicles allowed except for Disabled". (see pic below).

I feel I get mixed (unsure) messages when I try to get clarity on the topic of Pathways & Class 1 bikes.

My bike is not for Dirt Roads, therefore I will be seriously Bummed if I am relegated to Streets with Traffic, as my only option.

Your input would be greatly appreciated.

Thank You,
Craig

 

[J.R.]

You need to read and understand the land manager's regulations. That could be the city's or county's parks department.

By law the government cannot class a class 1, 2 or 3 ebike as a motor vehicle, but they can restrict or ban ebikes from off road paths and trails. It should be clear in the regulations. If that sign were the only regulation in place, class 1 and 2 would be legal. There is likely more regulation in place than that.

 

[Ken M]

It's my understanding that Class 1 & 2 ebikes are considered the equivalent of a traditional bike so anyplace as they can be ridden a Class 1 or 2 ebike can be legally ridden. If a state/city wants to ban ebikes from certain paths they must bans all bikes. States and Cities can not redefine was is legally classified at the federal level.

 

[CSH]

Thanks J.R. & Ken !

That is reassuring to know..............

You two appear to have been around the block a few times (pun intended), and I sure appreciate your willingness to answer my questions.

Here's to Class 1 & 2

Thanks guys
Craig

 

[MikeDD]

The State of California classifies class 1 & 2 as bicycles. But local authorities may change the rules? Someone from your area should chime in. I ride singletrack in a California State Park when I visit. The enforcement ranger told me he was looking to get an e-bike.

 

[Oberst]

Title 8.01. Civil Remedies and Procedure

law.lis.virginia.gov

Cannot speak for California but in VA it must be self propelled to be a motor vehicle

 

[CSH]

You need to read and understand the land manager's regulations. That could be the city's or county's parks department.

By law the government cannot class a class 1, 2 or 3 ebike as a motor vehicle, but they can restrict or ban ebikes from off road paths and trails. It should be clear in the regulations. If that sign were the only regulation in place, class 1 and 2 would be legal. There is likely more regulation in place than that.

J.R.......... I took your advice and looked up the City Parks Department.
I found a Map designating Class 1 as allowed on the pathway ! Hooray !

The Map was NOT an easy find though (I find that odd).

Craig

 

[Nutella]

It's my understanding that Class 1 & 2 ebikes are considered the equivalent of a traditional bike so anyplace as they can be ridden a Class 1 or 2 ebike can be legally ridden. If a state/city wants to ban ebikes from certain paths they must bans all bikes. States and Cities can not redefine was is legally classified at the federal level.

Sure they can, and do. Maybe not in your universe, but in the real world it happens. They can ban anything on any trail if they chose to.

 

[Dewey]

Sure they can, and do...They can ban anything on any trail if they chose to.

The model ebike legislation being adopted by the states has a clause permitting local authorities to regulate use (see sections 207 & 208), and the National Conference on State Legislatures policy brief on state ebike laws says "State traffic laws and vehicle codes remain the sole domain of states and state legislatures. In other words, the manufacturing and first sale of an e-bike is regulated by the federal government, but its operation on streets and bikeways lies within a state’s control" (source). So any city, county, or trail authority can have a local ordinance to prohibit ebike use. It is unclear to me if they can grandfather-in an existing local ban or if after a state adopts the legislation the regulating authority ought to at least change the wording of their local regulations to refer to the relevant clause of a revised state or vehicle code, I would have thought making any regulatory change ought to present an opportunity for local riders to either advocate for change or at least make them justify continuing a ban.

 

[Ken M]

The model ebike legislation being adopted by the states has a clause permitting local authorities to regulate use (see sections 207 & 208), and the National Conference on State Legislatures policy brief on state ebike laws says "State traffic laws and vehicle codes remain the sole domain of states and state legislatures. In other words, the manufacturing and first sale of an e-bike is regulated by the federal government, but its operation on streets and bikeways lies within a state’s control" (source). So any city, county, or trail authority can have a local ordinance to prohibit ebike use. It is unclear to me if they can grandfather-in an existing local ban or if after a state adopts the legislation the regulating authority ought to at least change the wording of their local regulations to refer to the relevant clause of a revised state or vehicle code, I would have thought making any regulatory change ought to present an opportunity for local riders to either advocate for change or at least make them justify continuing a ban.

The aspect of the regulations is that a federally compliant ebike is considered the equivalent of a traditional bike. Yes, states can regulate the usage of these compliant ebikes but they can not be treated differently from other traditional bikes because federally the are equivalent products that are managed under CPSC policy. The federal laws states it supersedes states regulations that impose tigher control of the what is considered a compliant ebike (states can have looser regulations as to what is compliant, say 1000W as some have, but they can not limit power of compliant motor rating less than 749W).

I know there are many lawyers that will sit around a table debating this while they are on the clock but I believe it's pretty clear that a federally compliant ebike can be legally ridden anywhere a state allows a traditional bike. I can see all those state lawmakers pulling out their laptops to again read the federal law that simply sets the bar - they don't but they can regulate usage to their desire so long as they allow Class 1/2/federally compliant ebikes and traditional bikes equal access.

 

[Ken M]

Sure they can, and do. Maybe not in your universe, but in the real world it happens. They can ban anything on any trail if they chose to.

Yes they can, but they can't ban a federally compliant ebike and allow traditional bikes. I understand opinions vary wildly on this but I will again go and read the federal regulation and not an online opinion piece. I suggest that to everyone that wants to be best informed.

Again, everyone should read HB 727 and not an interpretation.

Here's is one statement in the federal regulation that obviously has the intent to equate compliant ebikes and traditional bikes:

...a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act) shall not be considered a motor vehicle as
defined by section 30102(6) of title 49, United States Code.


Now I'm sure there are those that will still argue that states can regulate compliant ebikes as motor vehicles but these people just fail to read this part of the official amendment because it does not agree with the opinion they already have.

 

[Ken M]

Per the federal regulation and the sign....compliant ebikes are allowed on that path.

 

[CSH]

Ken................... You Rock !

 

[Dewey]

Opinion from a lawyer who specializes in product liability law:

“federal regulations only affect the manufacture and first sale of these devices, not where, when, how, who and under what other conditions...they can be operated. The federal law has no “preemptive effect” over such state laws. These issues have always traditionally been regulated by state laws and in some cases even county and city laws. This is also true for cars, trucks and traditional non-powered bikes.”

Source: https://www.bicycleretailer.com/opi...n-over-electric-bike-regulations#.XWXWyMopChA

Also in a 2014 report by academics at Portland State University, funded by the US Dept of Transportation’s National Institute for Transportation and Communities:

“As for the operation and licensing of e-bikes, states and local municipalities are responsible for regulating these products. As we will see, how states incorporate e-bikes into their vehicle codes varies greatly. Although states are delegated this task, one clause that often leads to confusion is part (d) of Public Law 107-319:

d) 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).

When taken out of context, this clause might suggest that the “federal definition” of an e-bike takes precedent over any and all state laws pertaining to e-bikes. Since the “federal definition” considers low-speed electric bicycles to be standard bicycles, the assumption follows that states cannot impose more stringent restrictions on e-bikes and that CPSC's definition is the definition for all states.This common interpretation is wrong. Because Public Law 107-319 amends the Consumer Product Safety Act, the provision is limited to only to the manufacture and first sale of the product.”

Source: https://ppms.trec.pdx.edu/media/pro...Regulations_of_E-Bikes_in_North_America_1.pdf

 

[Toomanycats]

Hello to All...............

As a New Ebike owner I'm Confused About "Class 1 Legality" .

We have a very nice Bike & Pedestrian Pathway in my community (in Southern California).
I was looking forward to taking my Class 1 bike on it.
However, I Googled the Trail Head and see this sign stating "No Motorized Vehicles allowed except for Disabled". (see pic below).

I feel I get mixed (unsure) messages when I try to get clarity on the topic of Pathways & Class 1 bikes.

My bike is not for Dirt Roads, therefore I will be seriously Bummed if I am relegated to Streets with Traffic, as my only option.

Your input would be greatly appreciated.

View attachment 37054View attachment 37055

Thank You,
Craig

Craig, this looks like a really nice bike path. Where in Southern California?

 

[Oberst]

Overall, I am taking the same approach we took in the ‘80’s when mountain biking started and the same concerns existed over mountain bikes being banned from trails.

I check the signs for an absolute ban of e bikes before I ride. The difference now is what is an e bike and I keep the definition of motor vehicle with me as, if the sign says no motor vehicles, I can show my class 1 is not a motor vehicle. Otherwise I ride with consideration for all users, slow down when we meet (I am slow most all the time anyway) and have always had friendly conversations with hikers and other mountain bikers who mostly ask questions if they are not familiar with these bikes.

Am sure there will be several years of work like this until we become just another trail user. Mountain bikers had all the same issues back in the day so they should be the most understanding but we know that is not always the case and they may be too young to know they were once considered the evil machines that were going to destroy the trails and cause havoc.

It just takes time and being a good representative of our sport/ activity.

 

[6zfshdb]

Yes they can, but they can't ban a federally compliant ebike and allow traditional bikes. I understand opinions vary wildly on this but I will again go and read the federal regulation and not an online opinion piece. I suggest that to everyone that wants to be best informed.

Again, everyone should read HB 727 and not an interpretation.

Here's is one statement in the federal regulation that obviously has the intent to equate compliant ebikes and traditional bikes:

...a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act) shall not be considered a motor vehicle as
defined by section 30102(6) of title 49, United States Code.


Now I'm sure there are those that will still argue that states can regulate compliant ebikes as motor vehicles but these people just fail to read this part of the official amendment because it does not agree with the opinion they already have.

I wish someone would explain this to the York County Parks department here in the state of Pennsylvania. They have banned all e-bikes, but not conventional bikes, on county park property.

 

[J.R.]

I wish someone would explain this to the York County Parks department here in the state of Pennsylvania. They have banned all e-bikes, but not conventional bikes, on county park property.

To clarify, York County hasn't banned ebikes. They think ebikes are regulated under motor vehicle laws. They've been informed and it's under advisement at the moment.

@Dewey is spot on with the above post. Following some of the advice in this thread could result in fines and confiscation in some municipalities. I'd hate to read on this forum that it cost someone thousands of dollars because they misunderstood the laws.

 

[Dionigi]

Hello to All...............

As a New Ebike owner I'm Confused About "Class 1 Legality" .

We have a very nice Bike & Pedestrian Pathway in my community (in Southern California).
I was looking forward to taking my Class 1 bike on it.
However, I Googled the Trail Head and see this sign stating "No Motorized Vehicles allowed except for Disabled". (see pic below).

I feel I get mixed (unsure) messages when I try to get clarity on the topic of Pathways & Class 1 bikes.

My bike is not for Dirt Roads, therefore I will be seriously Bummed if I am relegated to Streets with Traffic, as my only option.

Your input would be greatly appreciated.

View attachment 37054View attachment 37055

Thank You,
Craig

A lot of signage in California, like most states, needs to be updated for the current laws. State parks allow class 1 bikes, in January 2018 I was stopped by a Wilder State Park ranger to check my class 1 sticker. So they know the law. There was no issue riding in state parks.

 

[Slowpoke]

Just this week I had similar concerns on our rails to trails here in Michigan.A sign at the trail head also says "No Motor Vehicles"I called the DNR who oversees these trails and they told me Class 1 ebikes are good to go on all these rail trails.He said the signs have been on these trails for years and the apply to auto,atv,orv, etc.