More Gov't throwing the baby out with the bathwater logic. This statement from PFB says what the problem really is:
PeopleForBikes, which has worked on behalf of the industry in the writing and amending of the bill, opposed altering the class definition. The group said the legislation could help the industry by addressing what it calls out-of-class electric vehicles that can exceed 20 mph solely on motor power. Another new provision specifically bans the advertising, sale, or offer for sale of a vehicle that can exceed 20 mph on motor power alone as an electric bicycle.
The "Scrambler" and "SurRon" style two wheelers being advertised as eBikes by both manufacturers and the media are the real issue. There are long standing categories and existing Federal regulations such as MoPed and Motorcycle (no pedals) that have been in place for a long time. However the big difference is whether the CPSC or the DOT becomes the regulatory agency in charge of the manufacturing/component standards. The reason these out of class bikes currently try to fit into the eBike category regulated by the CPSC, is that the DOT regs regarding MoPeds and Motos involve more stringent requirements pertaining to things like automatic transmissions, tires, rims, lighting etc. that are deemed necessary for vehicles that go 28mph and are primarily for use on public thoroughfares. The cost to meet these regs as you might suspect would result in higher cost to consumers which would result in fewer sales not to mention mandatory registration and insurance fees. As it stands 99% of the out of class bikes on the market today are relatively cheap to purchase, thus their popularity, as well as cheap to produce due to their cheap components.
I don't see that SB 1271 will help to alleviate the problem of mostly young people roaring around on these out of class bikes, and arugably the most visisble, even if it does pass it will only be applicable to one state and have little effect on the real problem which is nationwide to begin with, and apparently overseas to some extent. Obviously the current Class laws are not working as projected other than excluding those of us who are long time cyclists that are responsible enough to handle the fact that our bikes have a throttle and can go over 20mph as Psycho above suggests. However if the Class laws didn't make such a big deal out of separating out throttles yet allowing them, as per the original letter of the law,
Where it states that Type 2 is not pedal operated otherwise all other paramater are the same and left the door wide open for the out of class models I feel? I know that there was much discussion on the part of the Pedego's Don DiConstanzo to not separate throttles into a different class at the time but the more EU focused ACCELL group PFB guy Larry Pizzi won out. Mainly because of the EU guidlines that didn't allow for throttles although they were, and still are, not an issue under US Federal eBike regulations.
If for instance they had said that a eBikes had throttle and pedal operated PAS and a controller that only allowed it to operate up to say 10mph, which is entirely possible and effectively what walk assist is, then perhaps we'd be having a different discussion today and the unwarranted hatred of throttles, when used responsibly, by those that are so deep into the EU/Class reguations, yet never had a chance to see how harmless they are, yet useful in certain situations too.