People for Bikes: Progress on Ebike Laws in the US

[Ken M]

My take is that once a eBike/eScooter is going over 35mph it should be sharing the road with autos but you would seriously put those rider at safety risks if that was lowered to 20mph or even 28mph. Actually having a reasonable cadence at 35mph is an achievement with a fancy front transmission like a Pinion or Schlumpf.

I have a Genata eScooter with a geared 750W motor that can only do about 20-22mph without pedels and I ride it as a Class 2 ebike and everyone seems taken back because I'm not pedaling (I ride a Polaris eBike 90% of the time so that is my lazy ride toy).

I have no issue with registering any transportation solution that does over 35mph without functional pedals but that registration should be low cost if the solution is less than say 50kg. The real stinger in all this is the insurance companies. I live in Colorado and we have the 3 classifications of eBikes. When I tried to quote liability insurance on my Class 3 eBike they quoted me motorcycle rates because they didn't have class 3 ebike rates. No one is going to pay $500-$1000 a year for eBike liability insurance so maybe the law makers should focus on what is more important than an eBike going faster than 20mph when all bikes can do that.

Funny that People for Bikes considers the 3 class eBike regulations "model legislation." Give me a break, putting a power limit that is only applied to the motor is nebulous / meritless as any engineer can tell you. These people don't like to include technical people when righting laws because their delicate egos get hurt.

 

[Barry S]

I think the trick is to take a bunch of ebikes to where your legislative committee on ebike laws is meeting and treat them to a complimentary ride to the local BBQ joint for a free lunch. An afternoon outing guaranteed to put a smile on anyone's face and hopefully a different view on ebikes. Definitely cheaper than hiring a lobbyist.

 

[Dewey]

I think the trick is to take a bunch of ebikes to where your legislative committee on ebike laws is meeting and treat them to a complimentary ride to the local BBQ joint for a free lunch. An afternoon outing guaranteed to put a smile on anyone's face and hopefully a different view on ebikes. Definitely cheaper than hiring a lobbyist.

Careful what you wish for, the UK ebike industry tried that in March to present the case for transport/utility cycling and funding infrastructure with pro-cycling Members of Parliament but it rapidly descended into a squabble over the government's refusal to contemplate public funding subsidizing ebike purchases...crumbs from the table and a missed opportunity for industry to support British Cycling's #TurningTheCorner campaign which requires MP's to get off their arses and vote for safety legislation. Afterwards they had some ebikes for MP's to test ride on the streets of Westminster, it might have been better to do that first to concentrate the mind and not as an afterthought.

 

[Barry S]

Careful what you wish for, the UK ebike industry tried that in March to present the case for transport/utility cycling and funding infrastructure with pro-cycling Members of Parliament but it rapidly descended into a squabble over the government's refusal to contemplate public funding subsidizing ebike purchases...crumbs from the table and a missed opportunity for industry to support British Cycling's #TurningTheCorner campaign.

I had some difficulty tracking what was taking place in the article so correct me if I'm wrong, but it looks like the ebike industry was trying to get government incentives for ebike buyers just like those for electric cars and mopeds. I'm just trying to keep local government from classifying ebikes as mopeds that can't ride in the bike lanes.

 

[Dewey]

I had some difficulty tracking what was taking place in the article so correct me if I'm wrong, but it looks like the ebike industry was trying to get government incentives for ebike buyers just like those for electric cars and mopeds. I'm just trying to keep local government from classifying ebikes as mopeds that can't ride in the bike lanes.

Yeah it's just you reminded me of this failed lobbying effort which provided ebike test rides for legislators.

 

[tomjasz]

OT but....UK road rules and licensing are a million miles away from anything here in the USA. Many USA drivers and MC riders would never have licenses.

 

[Dewey]

And now Connecticut, 10 down 40 to go

 

[Ken M]

Wonderful. So the people in Connecticut can now feel safe that no one on an eBike should exceed 20mph. Why don't all the scared people pushing the Class eBike regulations push for the EU 25kph (15.5mph) assist limit to really make ebikes non-useful from a true transportation perspective.

We need HUMAN SCALE transportation solutions (efficient and effective) far more than we need to be concerned about someone having an eBike that can assist them to higher speeds than 20mph (28mph if they pay for insurance and registrations so those industries get their pay and pensions paid for).

The fact that People for Bikes are promoting this legislation state by state is just proof they really haven't applied cognitive brain functions on the big picture. I understand there are some sidewalks and bike paths that riders should not be going faster then the proposed assist limits but there are far more riding situations that higher assist speeds only make the eBike a far better transportation solution (and safer when they share the road with cars - better to reduce the speed differential).

 

[J.R.]

The Connecticut law is pretty restrictive. No natural surface trail use unless explicitly allowed by local ordinance. So all natural surface trails like rail trails are off limits as of October 1, 2018.

It's been years since I read the California "model legislation", I do remember all these laws include a brake inhibitor requirement, which systems by Bosch and Yamaha do not have. You would think the industry backed People For Bikes would have tried to have that changed. Maybe the have and states are taking the easy way by copying the original legislation word for word.

 

[Ken M]

I'm not some anti-government extremist, but like most of us it would be nice to see them take their work as seriously as they take their campaigning. With the evolving light electric bike and vehicle technology there is some cross-over into products that have traditionally been addressed by DOT & NHSTA but the legislation that is passing in many states will prohibit the adoption of ebikes as a viable form of transportation. That is just dumb in so many ways that everyone should speak out.

I'm doing what I can in Colorado to contact the 4 legislators that pushed the Class 3 eBike bill thru in 2 months (they wanted the Haibike US headquarters to come to Denver and getting this passed quickly helped that happen). But the "good business" side of the legislation get pummeled by the ridiculous implications of the assist speed and power limit specifications.

It's interesting that Connecticut has allowances for very restrictive "natural surface" use limits on eBikes as any trail is damage to the natural environment and I've never seen any data that indicates that eBikes do more damage to trails than non ebikes. I believe by far the most damage to trails occurs from rain erosion because the trails become mini-river run-offs that simply loose a lot of material carried away by the water.

I do understand that maybe some bikers feel less safe when on a non-assist bike on a trail shared with eBikers but that always comes down to rider responsibility - a moron on an ebike is probably as much of a moron on a traditional bike.

 

[Barry S]

a moron on an ebike is probably as much of a moron on a traditional bike.

Amen! So tired of politicians taking the "throw the baby out with the bath water" mentality for any complaint from their constituents. Punish the rider, not the sport. If you're caught snow skiing recklessly and posing a danger to others, the ski patrol removes your lift pass and you're done for the day. If riding on ANY type of bike and you're weaving around pedestrians like a slalom course on a multi-use path/greenway or blowing through red lights in the bike lane then you should be cited. Don't deny access to the rest of us because of a few jerks.

 

[tomjasz]

Amen! So tired of politicians taking the "throw the baby out with the bath water" mentality for any complaint from their constituents. Punish the rider, not the sport. If you're caught snow skiing recklessly and posing a danger to others, the ski patrol removes your lift pass and you're done for the day. If riding on ANY type of bike and you're weaving around pedestrians like a slalom course on a multi-use path/greenway or blowing through red lights in the bike lane then you should be cited. Don't deny access to the rest of us because of a few jerks.

If we get as organized as the MTB Association we have a chance. But those asshats posting speeding along side a gas motorcycle do the industry ZERO for positive press. Selfish butts making enforcement a given.

 

[Ken M]

No industry should be regulated based on the behavior of the worst users of the product. There would be zero high-end sports car sales in the US if they were top speed regulated because some idiot wrecks his Bugatti Veron at 200mph.

 

[J.R.]

I think the average politician or bureaucrat knows nothing more about ebikes than: motor plus bicycle equals motorcycle.

I wonder if these class laws effect sales? Would anyone base a purchase decision on a law that might be enacted in your state?

 

[Ken M]

I think the average politician or bureaucrat knows nothing more about ebikes than: motor plus bicycle equals motorcycle.

I wonder if these class laws effect sales? Would anyone base a purchase decision on a law that might be enacted in your state?

I agree but they would truly have to be brain dead to not see that large cities need to get a higher % of people out of cars for their daily transportation needs. Stifling the eBike industry in any way is just political nonsense at it's very worse.

I talked to one of the politicians that helped draft and approve the Class system in Colorado. He was very nice and essentially did admit that they certainly needed someone technical on the team to ensure a better bill.

I think what makes me the most upset is that the national bike advocacy group supports the eBike classifications as model legislation. I would expect them to have someone in leadership that was technical enough to understand why it's a very poor standard to promote to all states. It's like they are shooting all bike riders in the foot when they are supposed to be maximizing the potential of eBikes as a solution. Maybe someone that is in leadership with that group will chime in so we can adopt much more logical regulations. Sadly I don't think leadership of People for Bikes is any more receptive to being questioned than politicians.

 

[Barry S]

I wonder if these class laws effect sales? Would anyone base a purchase decision on a law that might be enacted in your state?

Ebikes have yet to be recognized here in Hawaii, which makes selling them easy for merchants. However, to the savvy buyer who's watching ebike restrictions sweeping the Nation, it can be risky. If Hawaii were to enact a law classifying ebikes as mopeds and prohibiting them from using the bike lane, I probably wouldn't buy one. My bike lets me get around traffic, but mopeds have to sit in the lane just like a car. What's the point other than savings on gas and insurance, and even the latter may change soon.

You can't say on one hand that you favor alternative forms of travel to ease traffic congestion, while with the other hand you sign legislation heavily restricting such alternatives like ebikes. Yet, that's exactly what the bozos we vote in office are doing.

 

[JRA]

PFB is nothing more than the legislative branch of the BPSA which is funded by the manufacturer’s.

The moron concept is right on. The potential for hordes of e bikers flooding established natural surface trail net works and going way too fast and causing erosion is pure ignorance.

If the manufacturers put more emphasis on e bikes as transportation, which was the road to popularity across the pond, rather than as e mtb’s it might be progressing more smoothly.

As always once the dust settles in 2-3 years the vitriol will die down. E bikes aren’t going anywhere but forward. Trade tariffs may play a part in the new future raising prices but improvements in technology will march on.

 

[Barry S]

@Ken M What City, State, Province, etc. would you consider has the fairest compromise between pedestrian concerns and ebikers? In other words, whose law would you show off to other regions trying to enact ebike legislation? At some point, the Hawaii Bicycling League is going to have to get behind ebikes and bringing in the right people to make the case for ebikes is going to be critical.

 

[Ken M]

First off let me say that where biker/ebikes share space with walking pedestrians, such as on some sidewalks, I do believe it make sense to have a speed limit for the bike (not a speed limiting system on the bike). Ideally in the future maybe improvement in infrastructure can separate pedestrians and bikers, such as just having significantly more bike lanes on the roads. I think where there are bike lanes on the roads eBikes should be permitted to reach higher speeds ... most good urban bikes can cadence upwards of 55kph/35mph and non-assist bikes and recumbents can achieve that speed for at least a short distance so why not allow ebike assists to enable that to become a more sustainable speed. Time is money so improving average speeds of a bike commute will entice more riders to consider ebikes if they are permitted to assist to higher speeds in the right situations.

Note: I don't need people telling me that more people will be hurt or killed if assist speeds are raised. I know that but if human life and safety were infinitely important/valuable we have 10 mph speed limits on our interstates to prevent all fatalities. Sadly accidents happen and I'm sure less people will be killed per mile on eBikes that in cars so this saves lives.

I'm not sure if there is model legislation in any state. After putting on over 4,000 miles in the past year on my ebike (primarily commuting to work upwards of 15 miles each way) I learned a lot. I do feel that the rider should be engaged in the act of providing some of the power to the bike, but not for the reason that most would consider obvious. I simple think requiring the rider to be actively moving the pedals will provide at least some health benefits (something else our country clearly needs) and getting the bike from a stop to say 5-10mph by human power alone can dramatically extend the battery range. Anyone without significant disabilities can get a bike to 5mph without wearing themselves out (exceptions in regulations must be made for those that can't provide power via pedaling so a throttle should not be limited to 20mph entirely) and human energy is probably more efficient at this than the electric drive system (at higher speeds it's actually more efficient to allow the motor to be the majority power provider).

I think the legislation needs to consider the weight of the transportation product and the scale of it. Bikes are amazingly human scale and very light weight. If eBikes/bikes that had assist speeds up to 55kph/35mph were limited to say 40kg/100lbs the human scale size is assured. Technically speaking you can control the speed of ebikes by requiring them to be pedelecs and setting ranges of chain rings or gear ratios


we don't need DMV to run around wanting them registered (unless very low cost to keep data on them) but most importantly to keep the insurance industry out of the picture (we don't need insurance executives looking for more ways to increase they ridiculous salaries even higher). Don't limit the power of the drive systems so cargo bikes can become more viable (but they can't be huge 3 wheeled vehicles with car sized footprints because they will not fit on bike paths).

I don't think there should be a power limit on motors because if the top speed of any bike path is set at say 55kph35mph then that alone will dictate what the drive system designs will be. This allows both mid-drives and hub motors to compete on a level playing field (currently setting power limits like the EU does at 350W dramatically favors mid drives or geared hub motors).

Just some ideas.... Not a complete outlining of what good legislation on ebikes or other light EVs would be.

 

[JRA]

"What City, State, Province, etc. would you consider has the fairest compromise between pedestrian concerns and ebikers?"

Amsterdam and most of the EU cities that have many more cyclists riding e bikes on shared paths seem to have it figured out. And without any real vitriol that I can see.

As far as the U.S. at this time I can't think of a one that is embracing e bike's, either in regards to the gov't nor the general cycling public. I live in a very bike friendly city and am now from time to time seeing them about. Plenty of infrastructure in place and more happening.

Bottom line is that bikes of any sort, and I would venture to say the new e scooter craze, don't belong on the sidewalk at all. The problem is MUP's where you have interaction with pedestrians that mainly seem to think the path is all about them and freak out when you go by even if you ring your bell. It's hard to maintain any type of average speed in a situation where there are a lot of peds and it is just common sense to proceed with caution. Or just hop on the street.

Personally I don't have any problems with restricting wattage. I get to ride BBSHD builds on different bikes and they are just too powerful with awful PAS and really stress bicycle components. I don't think that they are very safe. I have a couple of 1000w front hub motor (legal in the state I live) any road type bikes and they are about the limit I feel I would ever need and I don't use the highest watts much during the course of a ride, mainly to preserve battery. The 750w mtb I have is plenty for that type of use also. The key with an e mtb is a good torque sensor PAS.

Personally I am fine with the laws that have been in place for years on a Federal level, I for one hope that my state of residence doesn't adopt the Class laws and I am tracking it to see if it comes up. When it does it will be time for a trip to Capital City.