No state that adopted the 3 class law allows throttle on class 3.
Everyone knows and agrees class 1 doesn't allow throttle. The law states pedal assist, no throttle is mentioned. Class 2 explicitly states throttle is allowed. And class 3 only mentions pedal assist, no throttle is mentioned. Class 1 and 3 regs are identical except for top speed and speedometer. There is no hybrid class 2/3.
Ebike sellers have really confused consumers on the issue.
California, the first 3 class law in the country, has been around for nearly 7 years now. Every state copied this law for specifications of classes. If we don't like the law we have to lobby to change it.
"Everything which is not forbidden is allowed" - an axiomatic constitutional principle.
So, if Federal Rules don't say you can't, you can - unless the States say's 'no'.
If State conflicts with Federal rule - in form, result or principle - suit arises.
States have enacted
State ebike Laws.
My synopsis of Federal rules and the common understanding is accurate, but I'm sure there are DUI attorneys arguing to the contrary.
Most States simply defer to Federal standards, but yes there is some ambiguity - unless you start with that 'pre-law' education axiom (usually learned in a first year logic class).
Lawmakers are deliberately ambiguous to allow states to set their own rules.
What's a 'hybrid class'?
I'm old n' slow, so sudden dis-associative nomenclature loses me - like references to obscure 1921 Latvian Sci-fi movie.
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Indeed '
If we don't like the law we have to lobby to change it', which is exactly why we can't have
bicycle purist fanatics setting rules and restrictions for ebikes
. They don't want us to have fun. They demand we suffer their leg cramps.
Maybe I'll lobby a bit. Make it know disabled vets, elders and other citizens are being told 'no throttle allowed' - tough about that one leg though. With no studies showing any need for such rules .... and the cost of enforcement, training etc, to arrest a paraplegic?
I suggest they simply limit all cycles to 28mph - and same as cars: 10 - 20% leeway, depending on our driving/ conditions?
I disagree with penalizing anyone swooping down a long turn at 35mph, 'throttle', 'pedaling their brains out' or 'coasting'.
Our rights are not predicate on our fitness?
My Libertarian view dictates the danger's in restricting entry to the cycling experience, not protecting it as an inherited right.
How many eBikes are sold in the US in 2021?
NPD's data also shows e-bike sales continuing to rise in 2021, with
368,000 units sold through the first 11 months of the year.
Ask the People.
Which after the newness (hysteria in some communities) cools down a bike is a bike and a speed limit a speed limit.
For sure. Analog must share and so must ebikes.
We still have 'horse trails' ???
We have sufficient laws - for now. It's gonna get crowded.
We live in a Golden Era of ebikes. Being old and cranky at times, I'm qualified to say it. The potential to break the rules doesn't make you Frank Nitty - on meth (in a 427 Cobra SCI).
I have to admit I had and elder lady (on a scooter puff - puff - puffing 'cancer rings')
My reaction was to apologize and give her the right of way. 100% Genuine. That's her cycling experience. No pedals. maybe she'll go electric and be a class 1? But then, she was upset she couldn't catch my 1000'wattf?' bike up that three-block-long hill.
You can do as you will. I'm not promoting anything, just stating reality of what exists. People aren't working to change anything, they just ignore it until forced to do something. I didn't expect you would like my post, but the information is accurate.
Exactly my point. There are correct, but differing points of view and interpretation.
To the contrary. I found your post likable.
I dislike restricting capability. Better to punish misuse. Carrot and stick.