People for Bikes: Progress on Ebike Laws in the US

[Barry S]

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

•••

If you could just get these politicians together for a free BBQ lunch followed by the opportunity to actually touch and ride an ebike, it might just quell the anti-ebike legislation. For the vegans in the crowd, we'll do veggie burgers. Besides, politicians never miss a photo-op and a free meal.

 

[Chainlink]

Another crackdown day in NYC. Meanwhile a kid gets killed by an unlicensed oil truck driver and gets away with it.

 

[elyhim]

WTF with the default ban on natural surfaces on the West coast People for Bikes.

f*ck your "model" legislation if that's the standard.

If everywhere is illegal to me I'm going to do what MTB'ers have always done. Ride it anyway and don't talk about it. I'll stop donating to conservancy groups and pro bike groups and just save for lawyers for the trespassing charges.

 

[Ken M]

If you could just get these politicians together for a free BBQ lunch followed by the opportunity to actually touch and ride an ebike, it might just quell the anti-ebike legislation. For the vegans in the crowd, we'll do veggie burgers. Besides, politicians never miss a photo-op and a free meal.

4 Politicians pushed the Class 3 legislation model thru in Colorado in 2 months primarily motivated by convincing Haibike to move their US headquarters here. The main problem was non of them were technical so they don't understand motor power ratings and the way it can benefit certain motor technologies (like mid-drives vs rear gearless hub motors) and my guess is that non of them had spent any significant commute time on an eBike.

The sad result of all this is that eBikes are getting a bad rap instead of the serious consideration they deserve as a way to get more people out of cars for a significant % of short range transportation.

Then you have DMV and insurance companies that only care about finding a way to get money and pensions from any growth in the ebike sector, the result is non-thinking decision making.

 

[Ken M]

Lawyers have learned that their business thrives when they can get nebulous legislation in place. After talking with some law firms in Colorado about a "homeowner's protection" law (SB100) that was passed back in 2005 I realized they didn't define terminology like "fine schedule / schedule of fines" so that they could draft poorly written documentation for covenant controlled communities that would literally generate more court battles. They know exactly what they are doing and it's frustrating to say the least when you get caught up in their system - they love the dirty court battles because there is no common sense and they win just keeping the issues in court.

 

[Barry S]

4 Politicians pushed the Class 3 legislation model thru in Colorado in 2 months primarily motivated by convincing Haibike to move their US headquarters here. The main problem was non of them were technical so they don't understand motor power ratings and the way it can benefit certain motor technologies (like mid-drives vs rear gearless hub motors) and my guess is that non of them had spent any significant commute time on an eBike.

The sad result of all this is that eBikes are getting a bad rap instead of the serious consideration they deserve as a way to get more people out of cars for a significant % of short range transportation.

Then you have DMV and insurance companies that only care about finding a way to get money and pensions from any growth in the ebike sector, the result is non-thinking decision making.

Like most groups, organizations, etc that are trying to get support for their cause, our so-called "representatives" in government don't understand the subject matter and neither do they make any real attempt to understand it. For them, it all boils down to one question, "How does this help me get reelected?"

The Hawaii Bicycling League has a good rapport with Honolulu's mayor, which has helped get a few new bike lanes created although nothing outside the city core where the bike commuters like myself are coming from. An ebike supporter was recently elected to HBL's board, which I'm excited about and an ebike ride is already scheduled for March 11th. Now, the ride is for Brompton owners, but this is a pretty big deal nonetheless since the President of HBL has made the public statement that he doesn't want ebikes allowed to use the bike lanes. It's bad enough when you have to fight local government for the right to ride your ebike, it's even worse when the President of your local bicycling league doesn't like them either.

 

[elyhim]

That is the biggest problem. The people currently running the bike groups, organizations locally are completely anal, asshats. They completely miss how HUGE ebike, emtb and pedelec commuting is going to do for the sport. They don't care...

I'm done with ALL groups currently and am just going to do what MTB'ers have always done - keep riding. Want me to stop - take me to court, pay your lawyers, I'll pay mine. We'll waste time and your donations because IDGAF. I'm done picking up trash and dog crap in the conservancy parking lots, I'm done donating and making "ride" parties to benefit donations. I'm done. I'm just going to ride.

Meanwhile more pro's are buying ebikes, they will seriously be coming in the next two years and the market in the USA will explode. It's not a question of "IF", it's "WHEN". It is inevitable.
Maybe I'll donate then, until then all trails are illegal trails and like mtb'ers everywhere, I don't talk about illegal trails.

 

[JRA]

Washington State recently modified their existing regs. to fit with the Class I, II and III legislation being advanced by PFB. The big difference that I can see is that there is wording in there that prohibits e bike use on "soft" trails. Otherwise known as single track. I have ridden motor assist bikes in WA State for over 13yrs. off and on and no one even batted an eye. But guess what? I ride responsibly not recklessly and there are no laws that can fix stupid. So I guess I am joining elyhim and just going to keep doing what I have been doing, having fun and riding my bike.

They are going about it all wrong though with the class system. MUT's should have posted speed limits that everyone needs to adhere to e or not. Way easier to set up speed traps than to determine if a bike is a I,II or III. As far as soft surface trails go the same speed rule could apply but if a tree falls in the forest and.........certainly no where I ride single track am I making any type of a negative impact once again by just simply riding responsibly. Seen plenty of evidence of knuckle heads digging up the trails to make jumps and features though in areas that the land managers probably wouldn't be too happy about. But I don't think they are even on e bikes.

https://www.seattlebikeblog.com/201...ist-bicycle-rules-head-to-the-governors-desk/

https://www.evergreenmtb.org/blog/ebike-legislation-passes-in-wa-senate-and-house

 

[Mr. Coffee]

In the Northwest there appears to be several underground groups (although it might not be even that disorganized) that are building mountain bike trails on closed USFS and DNR roads. Since for the most part the "closing" process is to use a backhoe to dig out a kellyhump or tank trap it isn't grossly difficult to keep those roads accessible to cyclists. And a few hours of work with a chain saw every year will keep them ridable.

The hilarious part is that sometimes the USFS "discovers" one these trails and "closes" them.

 

[Dewey]

Finally some movement from DC, the past few months have seen several announcements from the District govt, the National Park Service, and Amtrak about upcoming bridge sidewalk infrastructure opportunities squandered that might have permitted ebikes to operate within the current legal constraints, the least the DC DDoT can do now is amend their inequitable regulation prohibiting Motorized Bicycles (Class 1&2 ebikes) from safely crossing the Potomac on the bridge sidewalks. Advocacy from WABA, local ebike dealers and dockless ebikeshare companies have played their part, but people who commute by ebike from Virginia to DC should write to DC DDoT to support changing the Regs.

 

[tomjasz]

The enemy are the motorcycles disguised as bicycles. Putting pedals on a 125CC sized/powerlevel "ebike" is the wrong direction.

 

[Dewey]

Arizona has passed the People for Bikes model ebike legislation, becoming the ninth US state to do so.

 

[Barry S]

This still lets a small town override State law, "Localities can prohibit operation on bicycle paths..." I'm also not clear on whether Class 3 ebikes can use a bike lane on the roadway or not, "and Class 3 e-bikes are restricted to road use, and Class 1 and Class 2 e-bikes are allowed on bike paths and multi-use paths."

 

[Dewey]

Arizona has passed the People for Bikes model ebike legislation, becoming the ninth US state to do so.

I spoke too soon, Gov. Ducey vetoed the ebike bill along with other unrelated legislation in protest about funding teachers pay.

 

[Dewey]

I spoke too soon, Gov. Ducey vetoed the ebike bill along with other unrelated legislation in protest about funding teachers pay.

The ebike bill has now been signed into law in Arizona.

 

[Ken M]

The enemy are the motorcycles disguised as bicycles. Putting pedals on a 125CC sized/powerlevel "ebike" is the wrong direction.

Assuming for a second that an eBike (not a 50cc or larger gas motor) that weighs less than say 100lbs can provide some assist to say 35mph why would that be the wrong direction? It's still huge efficient human scale transportation that we need. 90% of bike riders will hit speeds in the 30-40mph range going down hill without any assist so it makes no sense to me to say the most assist should be limited to 20mph so long as the rider is engaged in providing some power themselves (ie pedaling).

 

[tomjasz]

Assuming for a second that an eBike (not a 50cc or larger gas motor) that weighs less than say 100lbs can provide some assist to say 35mph why would that be the wrong direction? It's still huge efficient human scale transportation that we need. 90% of bike riders will hit speeds in the 30-40mph range going down hill without any assist so it makes no sense to me to say the most assist should be limited to 20mph so long as the rider is engaged in providing some power themselves (ie pedaling).

You are missing the point! Motorcycles and scooters aren't bicycles. They require licensing, and training to be safe riders. Get a motorcycle license, pass a skills test, get appropriate insurance and ride on. But don't call them bicycles.

 

[Barry S]

As long as they don't prohibit ebikes (not scooters or mopeds with pedals) from using the bike lanes I'm happy. The Executive Director of the Hawaii Bicycling League commented during a local news story on ebikes that he doesn't want ebikes in the bike lanes. It's okay for the spandexters to rocket down the bike lanes in excess of 20 mph, but not okay for any class of ebike to use the same lane. Thankfully, an ebiker was recently voted onto its Board of Directors.

 

[Ken M]

As long as they don't prohibit ebikes (not scooters or mopeds with pedals) from using the bike lanes I'm happy. The Executive Director of the Hawaii Bicycling League commented during a local news story on ebikes that he doesn't want ebikes in the bike lanes. It's okay for the spandexters to rocket down the bike lanes in excess of 20 mph, but not okay for any class of ebike to use the same lane. Thankfully, an ebiker was recently voted onto its Board of Directors.

I agree, spandexters are hitting upwards of 100kph/70mph going downhill in mountain races and we have people wanting to claim an eBike going over 20mph is some major safety risk and should be classified as a moped/motorcycle. The entire key to bike safety falls on the shoulders of the rider, not some fat ass legislator making a decision on bike safety that has never even ridden a bike. Set path speed limits and expect all riders to comply regardless of their aero or casual attire as that makes sense (we can own cars that do over 200mph but they have to follow posted speed limits just like everyone else).

I think most of the people commenting that an eBike going faster than 20mph is a moped or motorcycle that should be licensed, insured, and requiring saftey/training classes are probably in oil & gas industry and realize that human scale transportation like eBikes are becoming a threat.

 

[tomjasz]

Wy create or continue to feed the madness by singling out spandex. Kinda smacks of politics and blaming the lady you beat for all your problems. IF eBike riders stay safe and sane we have a chance of winning, but those that insist on riding what should be classed and PTW's (powered two wheelers) on bike paths are the problem. Heck you can go to Luna's videos and see scooters, and eBikes on the paths in excess of 40MPH. That's a no win. Make friends with ALL bicyclists, not blame them for misguided legislators. Discourage high powered bikes for simply hanging pedals to circumvent getting a license and registration. Sur Ron threads are all over forums to read. Read what they are doing. Hanging pedals and removing restrictions on the motors.