Statement Regarding Potential CPSC Ebike Law Preemption of 3-class Legislation

Speedometer for class 3 is in every 3 class state law I've read from across the country. From California (first 3 class) to Colorado to Maryland. I've probably read a dozen just to see if any were different. They all follow the same primer.

I know it's part of PFBs model legislation document but I have not noticed if a speedometer is required in every state adopting 3-class. Just because it's in the primer doesn't mean it's automatically in the state law.

Why doesn't the Specialized Turbo Levo (their top speed pedelec) have a speedometer? Seems strange they just ignore it.

None of you have answered if this is an interstate commerce impact. Why is that?
 
False and false. I said DC allowed Class 1 and 2 ebike use (ie up to 20 mph) without moped registration. It's functionally equivalent to the Class 1&2 regulations elsewhere. No one except you cares whether they specifically call it Class 1 and 2 or motor assisted bicycle or whatever.

Stinson says WA state.

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Unreal. I have said that I like the one federal definition (class if you want to call it that) and now you are saying I'm the only one that cares if they call it class 1 & 2. You have been saying the different classes are needed...not me.

Washington DC did not adopt the class system - they still use the federal definition and that allows assist past 20mph but you refuse to recognize that and that even PFB class legislation allows assist past 20mph on Class 3 via the same CPSC clarification.
 
Unreal. I have said that I like the one federal definition (class if you want to call it that) and now you are saying I'm the only one that cares if they call it class 1 & 2. You have been saying the different classes are needed...not me.

Washington DC did not adopt the class system - they still use the federal definition and that allows assist past 20mph but you refuse to recognize that and that even PFB class legislation allows assist past 20mph on Class 3 via the same CPSC clarification.
Lol man, please find someone in DC gov who agrees with you.
 
We can't expect the clock to stop in 2002 when HR727 was adopted. The obvious explanation is the states have challenges with the ever growing ebike sector and HR727 is too vague for commuter needs and it didn't address concerns of off road. Local governments addressed those voids and I expect more refinement in the laws going forward. The National Traffic and Motor Vehicle Safety Act was enacted in 1966 and it's been refined as needed ever since. Nothing stands still. I wouldn't want to ride today the ebikes that existed 19 years ago. Surprise, the feds didn't move with the times and states that had to deal with the results needed to act. If anything changes it will be the feds adopting the regs the states have adopted. The dog still wags the tail.
Funny "the clock to stop" ... did I say that? I do think there are some potential value adding updates to CPSC 1512 (CPSC has even provided a list of potential updates) but none are deemed urgent.

Instead of claiming "too vague" why don't you provide detail. You and/or the others have been saying that Classes were needed to provide off-road trail access and now say it's too vague for commuter needs. Tell me why the federal definition was not OK for commuter needs considering that over 20 states still use the federal definition including Oregon where the highest adoption rate exists. Don't just blow out platitudes. Provide details as I have.

I rode a couple ebikes over 15 years ago and they were not so different than today but the batteries were lead acid so the range was impractical in my opinion. It was always the battery tech that was needed to make these viable solutions.
 
I know it's part of PFBs model legislation document but I have not noticed if a speedometer is required in every state adopting 3-class. Just because it's in the primer doesn't mean it's automatically in the state law.

Why doesn't the Specialized Turbo Levo (their top speed pedelec) have a speedometer? Seems strange they just ignore it.

None of you have answered if this is an interstate commerce impact. Why is that?
I assume you mean the Creo (their road bike). It does have a screen built into the top tube, but not sure if it can display speed. The also sell an external screen unit. Not sure how they handle it, but it’s possible the built in screen shows speed if not synced to a phone or external screen, and other stuff if so. All the promotional images show it displaying battery life so not really sure. Maybe someone who has one can chime in.

A bike computer that displays speed is not a difficult thing to procure or setup. I doubt it’s something that’s heavily enforced, but it’s not surprising that a vehicle that can exceed the base speed limit under motor power is required to have a speedo, if for no other reason than to head off any “I didn’t know how fast I was going” defense if someone were to ever get a speeding ticket on one.

EDIT: Dropped a line to a friend who has a Creo, he says no built in speedometer. Specialized does sell an external screen, or they may just assume anyone buying a multi-thousand dollar lightweight road-ebike is probably using a garmin or wahoo or something.
 
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Lol man, please find someone in DC gov who agrees with you.
Can you read? DC does not recognize any ebike classes in their regulation. You thinking they do does not make it true. They have one definition and it does allow assist beyond 20mph if you read it like the federal definition (keep in mind PFBs has even stated this so denying that is claiming that class 3 should not exist).
 
None of you have answered if this is an interstate commerce impact. Why is that?
It doesn't impact interstate commerce. All the laws and regs have the same baseline, 750 watts. From there it's just a matter of programming. If one state allows 20 mph and another allows 28, the same bike can be used for both, all that's needed is different programming. It's not asking too much of industry for them to adjust programming.

I'll give you one simple example of this in industry. A far more onerous example. Paint and coatings. The Feds have national standards for VOC's and each state has standards. I can buy a specific type of paint at a Home Depot in Pennsylvania that I can't buy in Maryland because of VOC regulations. So PPG or Olympic have to formulate two different paints for two states. I would say that impacts interstate commerce, the courts disagree. There's literally thousands of examples like that. States have constitutional rights to say what is acceptable for them. The interstate commerce clause can't be used to trample state's rights.

Ken, just because every idea you have isn't specifically addressed, doesn't mean people don't have a response.
 
I assume you mean the Creo (their road bike). It does have a screen built into the top tube, but not sure if it can display speed. The also sell an external screen unit. Not sure how they handle it, but it’s possible the built in screen shows speed if not synced to a phone or external screen, and other stuff if so. All the promotional images show it displaying battery life so not really sure. Maybe someone who has one can chime in.

A bike computer that displays speed is not a difficult thing to procure or setup. I doubt it’s something that’s heavily enforced, but it’s not surprising that a vehicle that can exceed the base speed limit under motor power is required to have a speedo, if for no other reason than to head off any “I didn’t know how fast I was going” defense if someone were to ever get a speeding ticket on one.
Yea the Crea...I can't remember every model but it's Specialized top speed pedelec. They display battery and assist level. Don't just ramble on about some external screen that does not exist.

Then you add that it's easy to set up and it's not heavily enforced. If it's REQUIRED as you claim then why does Specialized ignore it. There are some other top model from Giant, Obrea, etc. that are just like the Creo.

As for a speeding ticket on an ebike/bike....are you saying that non class 3 can't ever exceed a path speed limit so they don't need speedometers? C'mon stop just bloviating BS and recognireize that the so called speedometer requirement is not enforced for 1st sale because the CPSC does not recognize it as required (3-class state requirements have no legal standing on what is on the bike when sold and that is the problem I'm trying to make clear to all you thinking that 3-class is so perfect).
 
Can you read? DC does not recognize any ebike classes in their regulation. You thinking they do does not make it true. They have one definition and it does allow assist beyond 20mph if you read it like the federal definition (keep in mind PFBs has even stated this so denying that is claiming that class 3 should not exist).
Translation: "I can't find anyone in or involved with DC government who agrees with my interpretation."

Also Ken 2021 disagrees with Ken 2019, who agreed DC laws treated 28 mph ebikes differently 😂.

 

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It doesn't impact interstate commerce. All the laws and regs have the same baseline, 750 watts. From there it's just a matter of programming. If one state allows 20 mph and another allows 28, the same bike can be used for both, all that's needed is different programming. It's not asking too much of industry for them to adjust programming.

I'll give you one simple example of this in industry. A far more onerous example. Paint and coatings. The Feds have national standards for VOC's and each state has standards. I can buy a specific type of paint at a Home Depot in Pennsylvania that I can't buy in Maryland because of VOC regulations. So PPG or Olympic have to formulate two different paints for two states. I would say that impacts interstate commerce, the courts disagree. There's literally thousands of examples like that. States have constitutional rights to say what is acceptable for them. The interstate commerce clause can't be used to trample state's rights.

Ken, just because every idea you have isn't specifically addressed, doesn't mean people don't have a response.
Really....that is an answer. So you think different programming for each state would not be an interstate commerce issue (if not for a few then different for each no issue either...right?). What if I wanted to ride the same ebike across the country?

By the way some of the states not adopting 3-class allow a less stringent 1000W rating but no OEM is actually going to produce a model just for those few states that allow it (it's just a rating anyway and not really a peak power limit which few seem to understand).

I'm not going to look into the VOC claim but my guess is you are wrong. No paint company is going to formulate 50 different paints so each state can have their own regulation of paint. That is exactly why the preemptive power of the agencies exist. The supremacy clause and the federal enumerated right to regulate interstate commerce can absolutely trample state rights if that is what you want to call it.

I have asked for a response on very specific things and I get gobbly-gook responses like you just sent. Trying to remain serious on this but irrational claims are pushing me to call out nonsensical statements.
 
Yea the Crea...I can't remember every model but it's Specialized top speed pedelec. They display battery and assist level. Don't just ramble on about some external screen that does not exist.

Then you add that it's easy to set up and it's not heavily enforced. If it's REQUIRED as you claim then why does Specialized ignore it. There are some other top model from Giant, Obrea, etc. that are just like the Creo.

As for a speeding ticket on an ebike/bike....are you saying that non class 3 can't ever exceed a path speed limit so they don't need speedometers? C'mon stop just bloviating BS and recognireize that the so called speedometer requirement is not enforced for 1st sale because the CPSC does not recognize it as required (3-class state requirements have no legal standing on what is on the bike when sold and that is the problem I'm trying to make clear to all you thinking that 3-class is so perfect).
I edited my post to reflect that (I asked a friend with a Creo and he says no speedo). Like most people who buy one of those, he rides with a separate cycle computer so hes compliant with VA law anyway. You asked how Specialized handles it, I'm just speculating. They make an external display that works with all their bikes, so maybe at point of sale they just say you either need your own computer or one of those to be legally compliant? The code doesn't say the bike needs to be sold with one, nor does it need to be integral, it just needs to have one you can see during use.

I can speak to Giant at least that they make no class 3s that don't have their display. Orbea, not familiar with but from what I can see on their website they don't sell any class 3s in the US (all listed as 20mph bikes).
 
Translation: "I can't find anyone in or involved with DC government who agrees with my interpretation."

Also Ken 2021 disagrees with Ken 2019, who agreed DC laws treated 28 mph ebikes differently 😂.

Is the DC law 3-class or not? You claim it is but I see no reference to any class in their ebike law.

I did a while back think that some regulations (even the federal definition) stated an assist limit at 20mph but the CPSC clarified that very explicitly by saying that is "motor alone" and that combined with human power faster speeds were allowed (it establishes a dynamic power limit at 20mph). Many legal opinions you can find online still believe the federal definition implies an cease of assist at 20mph (this is likely the reason that PFBs created class 1 and 2 with cease of assist at 20mph).
 
I'm not going to look into the VOC claim but my guess is you are wrong. No paint company is going to formulate 50 different paints so each state can have their own regulation of paint. That is exactly why the preemptive power of the agencies exist. The supremacy clause and the federal enumerated right to regulate interstate commerce can absolutely trample state rights if that is what you want to call it.
JR is actually right, I'm a woodworker and paint and finish availability does vary by state. Its not 50 different formulations, but there are some products that you can't get in some states but can in others (or even products that can be bought by the gallon in one state but is limited to quarts in others).

For another area that I have direct experience with, building codes vary state to state. There is one universal code (for residential construction its the IRC, or international residential code), but each state amends it differently when it adopts it. Virginias version is the VRC (the Virginia Residential Code). MD goes one further and each county adopts and amends it on their own, so the code governing construction can be different in Howard County vs Montgomery County.
 
I edited my post to reflect that (I asked a friend with a Creo and he says no speedo). Like most people who buy one of those, he rides with a separate cycle computer so hes compliant with VA law anyway. You asked how Specialized handles it, I'm just speculating. They make an external display that works with all their bikes, so maybe at point of sale they just say you either need your own computer or one of those to be legally compliant? The code doesn't say the bike needs to be sold with one, nor does it need to be integral, it just needs to have one you can see during use.

I can speak to Giant at least that they make no class 3s that don't have their display. Orbea, not familiar with but from what I can see on their website they don't sell any class 3s in the US (all listed as 20mph bikes).
So if a REQUIREMENT why wouldn't Specialized install a speedometer on a $10,000+ ebike? I had just read that some other manufactures were also ignoring the speedometer ?requirement? because 3-class has zero standing with what is sold in the US.
 
DC adopted class 1 and class 2 in all but name (motor limits and assist speed are identical, they just don't call them class 1 and class 2).
WTF. Are you serious? By your new standard then the federal definition is the same as 3-class as it encompasses all 3 classes so they are same in "all but name alone." This is going way off the rational rails....you are embarrassing yourself. If a state adopts the class system then I think it's fair to assume their will be more than just one common definition for a compliant ebike.
 
JR is actually right, I'm a woodworker and paint and finish availability does vary by state. Its not 50 different formulations, but there are some products that you can't get in some states but can in others (or even products that can be bought by the gallon in one state but is limited to quarts in others).

For another area that I have direct experience with, building codes vary state to state. There is one universal code (for residential construction its the IRC, or international residential code), but each state amends it differently when it adopts it. Virginias version is the VRC (the Virginia Residential Code). MD goes one further and each county adopts and amends it on their own, so the code governing construction can be different in Howard County vs Montgomery County.
I'm not going to dive into paint VOC and residential construction codes in this discussion about ebike regulations. Next you guys will question we landed on the moon. I do not just accept that if paint is safety regulated by the CPSC or other federal agency that it would allow each state to have a unique VOC requirement. I just don't have time to deal with every sidetrack claim you guys make.

Hopefully this month CPSC makes a formal decision on the petition request. I'm now very much hoping they preempt 3-class. The funny thing is even if they do you all will still say I was wrong on all this.
 
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So if a REQUIREMENT why wouldn't Specialized install a speedometer on a $10,000+ ebike? I had just read that some other manufactures were also ignoring the speedometer ?requirement? because 3-class has zero standing with what is sold in the US.
Because its not a point of sale requirement? The code here in VA just says "All class three electric power-assisted bicycles shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour." It doesn't say they are required to be sold with one. Something like a basic Planet Bike or Cateye wheel magnet computer would suffice, as would any of the common GPS devices made by Wahoo or Garmin. I read that as "if you get a speeding ticket on your class 3, you can't use "I didn't know how fast I was going!" as a defense"

The Creo is definitely not marketed as a general purpose ebike, it is designed (and priced) for people who want a high-end road bike experience, but with assist. That crowd absolutely wants a clean cockpit, and almost certainly already have some sort of gps bike computer. I can't speak to how Specialized thinks of it internally or what their market research says, but I'd guess that very few people buy Creos and run it without something that displays speed. Specialized does make a compatible display unit that is relatively (compared to the bike) inexpensive.
 
I'm not going to dive into paint VOC and residential construction codes in this discussion about ebike regulations. Next you guys will question we landed on the moon. I do not just accept that if paint is safety regulated by the CPSC or other federal agency that it would allow each state to have a unique VOC requirement. I just don't have time to deal with every sidetrack claim you guys make.

Hopefully this month CPSC makes a formal decision on the petition request. I'm now very much hoping they preempt 3-class. The funny thing is even if they do you all will still say I was wrong on all this.
The point is that there are all kinds of national standards, but states still have the final say in most things. It is, for better or worse, a fairly universal feature of our system of government that states have pretty wide leeway to do their own thing regardless of what the fed says. It the way things are in a wide variety of industries, from building to education to vehicle codes.
 
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