People for Bikes: Progress on Ebike Laws in the US

[Saratoga Dave]

Well, in New York we're getting shafted yet again after a very big push this year to try and get a law. Today's Albany Times Union:

<<Also expected to be back next year is legislation to allow the use of electric bicycles. Permitting the powered bikes was halted amid worries about traffic congestion in New York City.>>

Once again that stinking city interferes with the entire rest of the state

 

[Nutella]

Keeping people off of bikes in the city seems like a counterintuitive way to fight traffic congestion

 

[BurbManDan]

This is an email I sent without response to PeopleForBikes, which is pertinent to this discussion, so I've copied it in as sent:

For the past three years (approx 30k miles) I've commuted from north side of Thornton to the south side of DTC on a speed pedelec (Felt NINEe 20). My commute is 35.4mi each way, of which only about 7mi is on the street. The majority is on multi-use paths, on which I cross portions of Thornton, Northglenn, Commerce City, Brighton, Denver, Glenndale, Aurora, Greenwood Village, and Englewood. Given that CRS 42-4-1412 (2016) clause 14, states riders on e-bikes should not use the motor on paths, except as authorized by local governments, is there anyplace where people can find these local government's position regarding motor use on paths? If not, is that something that an advocacy organization like People for Bikes could research and publish?

While I'm glad to see e-bikes being recognized and partially sanctioned, I'm concerned about the "model" legislation in Colorado and elsewhere that bans speed pedelecs (class 3 bikes) from the multi-use paths. Multiple classes of bikes with differing rules leads to confusion and error, as made clear in the Denver Post's recent article where speed pedelecs are described as "higher-powered rides that are essentially electric mopeds."

The posted speed limit for many portions of the path is 15mph. Cyclists, regardless of what they are riding, should be ticketed if they are riding recklessly or too fast. It is impossible to distinguish between most major manufacturer's Class 1 and Class 3 bikes by looking at them as they pass. To enforce this legislation, e-bikes would have to be stopped, and inspected for a classification sticker, or tested. As written, this "model" legislation is likely to be used as a politically expedient method of making life difficult for all e-bikes the moment someone is injured in an accident involving an e-bike. Accidents will happen involving e-bikes, just as they do for regular bikes, pedestrians, joggers and motorists. Multiple classes with different rules just ensures that all e-bikes will be targeted when an accident happens, even those who are riding responsibly.

Thanks,
-dan

•••

 

[Paul Marin]

I agree this is dumb and not being implemented well here in CA. The law states: "On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type." My 2 week old bike has a sticker denoting it is a class 3 bike. It seems to be as susceptible to peeling as any other sticker and likely won't last the summer as I keep testing it to see if it is is permanently affixed (sunlight will soon get rid of it anyway). After only 2 weeks on the bike I don't see why anyone would ride it over 20MPH on a shared path/ just too much kinetic energy/ mass & speed with joggers/ strollers, etc. Like everywhere else post a speed limit and then enforce it.

 

[BurbManDan]

<snip> The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle. <snip> Like everywhere else post a speed limit and then enforce it.

Totally agree - anything more than one class "Electric Assisted Bicycle" is too much for practical enforcement. Remember, police are theoretically going to pull people over, presumably based on their solid knowledge of these classifications and their ability to discern that a given model is not an appropriate classification for the path while it cruises by at 20+ mph. <sarcastic tone> Riiiiiiiiiiiiiiggggghhhhhhhttttttttttttttt!!!!!!!!! <end sarcasm, cue snarky laugh>

Mark my warning: multiple classifications will only lead to additional fines and legal problems for electric bike riders in an ensuing quagmire of inconsistent enforcement and misunderstanding in these United States.

Enforce behavior, not products.

 

[elyhim]

I agree this is dumb and not being implemented well here in CA. The law states: "On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type." My 2 week old bike has a sticker denoting it is a class 3 bike. It seems to be as susceptible to peeling as any other sticker and likely won't last the summer as I keep testing it to see if it is is permanently affixed (sunlight will soon get rid of it anyway). After only 2 weeks on the bike I don't see why anyone would ride it over 20MPH on a shared path/ just too much kinetic energy/ mass & speed with joggers/ strollers, etc. Like everywhere else post a speed limit and then enforce it.

This is likely for the consumer at the time of purchase not for continued use to describe the equipment. I support the class system as it will define what's available to ride on singletracks, trails and greenways. Enforcement? laughable, they can't stop rapists or muggers how are they going to stop ebikes however, you may be liable for an accident should one happen.

 

[BurbManDan]

This is likely for the consumer at the time of purchase not for continued use to describe the equipment. I support the class system as it will define what's available to ride on singletracks, trails and greenways. Enforcement? laughable, they can't stop rapists or muggers how are they going to stop ebikes however, you may be liable for an accident should one happen.

If it's laughable, and the only benefit is your liability, why support it?

Behavior is enforcible, classes are not. Classes only lead to pain for cyclists.

 

[elyhim]

Classes get the product into the world. In case you haven't noticed the only place people are accepting E-bikes is on the road. As long as ebikes are lumped into throttles/mopeds we'll be banned by land managers and greenways. The benefit to the label is for the consumer to understand their purchase and hopefully they would have done their homework on where and what they can ride. Responsible manufactures are producing class I pedelecs as e-mtbs and class III speed bikes as commuters. There is a difference and you know it.

 

[Dewey]

This is likely for the consumer at the time of purchase not for continued use to describe the equipment. I support the class system as it will define what's available to ride on singletracks, trails and greenways. Enforcement? laughable, they can't stop rapists or muggers how are they going to stop ebikes however, you may be liable for an accident should one happen.

Class 3 speed pedelecs with their higher speed are desirable for long distance commuting, while Class 1 & 2 20mph speed limit already exceeds the 15mph speed limit on local bike paths and trails. Here in the D.C. area ebikes are defined differently by the three adjacent jurisdictions but are legal in on street bike lanes and protected bike lanes, and on sidewalks in Virginia and Maryland but not in the District of Columbia, but prohibited from riding on off-street multi use paths in all three. There is a grudging acceptance of ebikes on multi use paths provided riders follow posted speed limits and display trail courtesy, I have read an increasing number of complaints on the local cycling forum from cyclists passed by an ebike breaking the trail speed limit. I ride both on-street and multi use paths going downhill to work because there are no safe on-street crossings or bike lanes on the bridges over the Potomac river so I have to ride on the bridge sidewalk, but going home after crossing the river I ride uphill on street bike lanes because in part I don't want to hassle cyclists on the multi use paths by overtaking them. I hope the California classification system works in practice as it has legitimized Class 1 & 2 ebikes for use on off-street paths and trails in California, and I've seen the classification decals on ebikes sold in DC. In the mean time I have taken out a liability insurance policy through Markel just in case, and I hope I never need to use it.

 

[BurbManDan]

Classes get the product into the world. In case you haven't noticed the only place people are accepting E-bikes is on the road. As long as ebikes are lumped into throttles/mopeds we'll be banned by land managers and greenways. The benefit to the label is for the consumer to understand their purchase and hopefully they would have done their homework on where and what they can ride. Responsible manufactures are producing class I pedelecs as e-mtbs and class III speed bikes as commuters. There is a difference and you know it.

I know it, and I've ridden enough to know that the class does not correlate to safe behavior. Class 1 bikes can be ridden just as unsafely as class 3 offroad and on greenways. But more importantly, does a legislator or police officer know the difference, and do they understand the classes?

No, and as a result, these classes will only cause hassles for cyclists.

And in case you hadn't noticed, e-bikes are being accepted in multiple places and modalities. Sadly, classes are being used to limit access for bikes, rather than rider behavior. This is stupid and sad.

Enforce behavior, not products.

 

[BurbManDan]

Class 3 speed pedelecs with their higher speed are desirable for long distance commuting, while Class 1 & 2 20mph speed limit already exceeds the 15mph speed limit on local bike paths and trails. Here in the D.C. area ebikes are defined differently by the three adjacent jurisdictions but are legal in on street bike lanes and protected bike lanes, and on sidewalks in Virginia and Maryland but not in the District of Columbia, but prohibited from riding on off-street multi use paths in all three. There is a grudging acceptance of ebikes on multi use paths provided riders follow posted speed limits and display trail courtesy, I have read an increasing number of complaints on the local cycling forum from cyclists passed by an ebike breaking the trail speed limit. I ride both on-street and multi use paths going downhill to work because there are no safe on-street crossings or bike lanes on the bridges over the Potomac river so I have to ride on the bridge sidewalk, but going home after crossing the river I ride uphill on street bike lanes because in part I don't want to hassle cyclists on the multi use paths by overtaking them. I hope the California classification system works in practice because I would like to see Class 1 & 2 ebikes legitimized for use on off-street paths and trails, and I've seen the classification decals on ebikes sold in DC. In the mean time I have taken out a liability insurance policy through Markel just in case, and I hope I never need to use it.

I feel your pain. Sadly, these issues are being felt everywhere, with different rules in most states and municipalities, applied inconsistently to different classes. This is partly due to a lack of understanding of the classes, and lack of consistency in products as well. Classes are not part of the solution... Cyclists on E-bikes should be expected to adhere to the same rules as other cyclists. Nothing more complicated is required or desirable.

 

[BurbManDan]

As a cyclist, I own a number of bikes. My E-bike by itself cost more than I've spent on all previous bikes together. It is a fantastic bike, and happens to be a class 3 bike because part of my commute can be safely ridden at 28mph.

How many of us can afford multiple classes of bikes legal to a given day's ride?

Classes force us to compromise and purchase the lowest common denominator, or run afoul of the law. Does the model and class of bike you want to ride match up to the rules for all the places you may want to ride it? Does having a class that is not legal for a given location prevent you from riding it in a safe and prudent (otherwise legal) way?

 

[opimax]

I am a DC suburb guy in VA, ride shared paved trails and marked lanes, sometimes fast sometimes slow my behavior depends on traffic (just like automobiles). My goal when riding is to not get hurt and not hurt anyone. I try to make sure I don't cause anybody to use their brakes due to my riding. Not 100% perfect but my goal I work towards. I also believe behavior can modified not modifying the bikes. I sometimes go faster than the speed limit of 15 say down hill, or open road. When and if i get a ticket I may change where I ride. Till then I ride where i believe i want and safe. I have liability for riding anywhere. I will bet if i have an issue it will not be "my fault " but I will have to accept what happens...

I see more issues with legal pedestrians then illegal bikes as i ride, stopping in middle of a step , turning around in the middle of the trail without looking. Worst is waling on a dark path no light no reflective gear in black clothing, couldn't see them at 10 mph much less 20 or 28

 

[Dewey]

De Blasio doubling down in his war on ebikes in New York City.

 

[Ken M]

Makes no sense to ban eBikes because of some dumb reckless riders. Regulated their USE just as vehicles are regulated (it's not legal to drive your Ferrari 200 mph down the sidewalk but you don't ban all vehicles if some moron does that). I tend to be a progressive independent but objectively Bill de Blasio is being a moron on this.

 

[elyhim]

If NYC was strict about the bike lanes it wouldn't be a problem.

 

[Barry S]

Hello I am new to this site, just scrolling down the posts I was thinking about this very subject, I started out looking for the ordinances for my area here in seattle as I have been feeling the gap between regular bike riders and the reaction to ebikes. I wanted to be prepared for the eventual argument with one of these people who think they own the bike path and have the right to accost others who ride an ebike and even pedestrians if they are in "their" way. I ride to enjoy the ride I pedal when I feel like it, I ride more for pleasure than exercise and I ride safely, my bike will do 20mph on the straight long stretches which is plenty for a bike, I'm no panzy either, I pushed it plenty when I was younger and still like a speed rush now and then , 20mph is ok but plenty , but starts getting squirrely above that speed, the bike is not flimzy or light so its pretty stable at hi speed. But the reality is over 15-20 is just to fast for bike paths regardless if it is a regular bike or an ebike - Especially when there are pedestrians who rarely pay attention to staying on the right side and usually are wearing earpods and can't hear my bell so I have to slow down anyway to safely get around them and then there are little kids jumping around anyway, I can't really blame them to much as they are just out for a nice walk to, what really gets my goat is the anal spandex wearing psychos who have all there fancy fitness devices cruising as fast as they can go zipping past unaware pedestrians and other bikes constantly checking their pulse and speed thinking that they are the only people allowed on the path. spouting rules and laws when in fact they themselves are the most dangerous people out there, and these are the people whining that ebikes are unsafe. There does need to be some rules pertaining to the use of the bike trails as more people build faster bikes , the bottom line though is people just need to be considerate of others and be responsible while riding, seems simple but I see ta growing crowd out there especially the entitled younger crowd becoming more self centered and selfish and a lot of the " its all the other guys fault" attitude. this is why I will not ride on the road, there are so crazy people out there - why would I risk my life riding anywhere near cars just to make a point that I have the right to do so. It's illegal here to ride on the sidewalk but I do it anyway but I am respectful of pedestrians right of way in doing so , and stay as far from them as i can, its called common sense. I am babbling. but yes I very much agree a speed limit is reasonable , i've seen many near misses from speeders.

Sorry for the late reply, but you echoed my sentiments. I'm getting ready to buy my first ebike largely because after 2 years of pedaling to work, and getting up in years, I would like some assistance up the hills and when I encounter a strong headwind. Unfortunately, I live in one of those "problematic" areas where bicyclists are fair game and motorists expect me to stay on that 12" swath of concrete that extends from the curb. The few bike lanes or multi-use paths along my route are either in disrepair or being taken over by homeless encampments. Riding on the sidewalks in Honolulu is illegal in Waikiki or business districts. When I do "legally" ride on the sidewalk, I give the right-of-way to the pedestrian as required. As for the "anal spandex wearing psychos" or Team Lycra as I like to call them, they're forever blowing through stop signs and red lights so they don't lose their momentum. This kind of behavior doesn't help improve how motorists view bicyclists. It all boils down to biking responsibly and using common sense. Even simpler, "Don't be an a**hole."

 

[EbikesRock]

The industry is spending big bucks to promote this nonsensical 3 class system no one understand.

 

[Dewey]

bohica NYC

 

[rich c]

The industry is spending big bucks to promote this nonsensical 3 class system no one understand.

No one understands? Seems very simple and easy to understand to me. When they make the factories label the motor size, it gets even easier!