Virginia introduces 3-class ebike & cyclist protection legislation

Dewey

Dewey

Well-Known Member
Region
USA
City
Arlington, Virginia
HB543 & SB871 introduce the BPSA/PfB 3-class model ebike legislation for consideration by the Virginia general assembly in 2020
This would change several aspects of operating an ebike in the state of Virginia including:
- introduce the 3 Class ebike definitions & labeling
- reduce permitted peak power from 1,000w to 750w
- increase permitted top speed from 25mph to 28mph (Class 3 only)
- require Class 3 ebikes be fitted with a speedo visible to the rider
- permit ebikes to ride on bicycle and shared-use paths, while reserving the right for localities and state agencies to restrict or ban ebikes

Another bill SB659 would change the contributory negligence legal standard in auto collisions with bicycles, pedestrians, ebikes and other vulnerable road users in Virginia. If adopted this would provide similar legal protections with regard to making claims against drivers insurers that cyclists in DC won under the 2016 Motor Vehicle Collision Recovery Act

And SB437 would make it a Class 1 misdemeanor for a careless or distracted driver to inflict injury on pedestrians and cyclists (including ebikes) legally on the highway

Will be watching the progress of these bills with interest.
 
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That's too bad. 1000w/25mph seems like a very reasonable set of regs to have had in force all these years. Similar to ours here in OR except for the 25mph as we are limited to 20mph. PFB has knocked on our doors and were turned back via letters of protest from existing e bike businesses that are mainly in the prime urban area of Portland that have modeled off of our existing legislation that would limit their ability to keep their business as is if we go to the Class system that is being promoted by the bicycle industry lobbying arms BPSC and PFB. While the class laws fit their business models to a T so that they don't have to do much more than some software updates and a different plug on their chargers of the EU reg bikes that are selling in way bigger numbers across the pond not everyone is in business to support the Bicycle Industrial Complex.

Bill SB659 and SB437 sound like good ones to get into law however.
 
SB659 is particularly needed, this deeply unfair legal handicap is only applied in Maryland, Virginia, North Carolina, Alabama, and Washington, DC. The District of Columbia has a bill under consideration to change it, I’m glad Virginia may also consider this change.
 
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Hmmm...Virginia's on a roll. :rolleyes:
In all seriousness, seems various entities are trying to conform to new fed regs.
Here in CA, class1 and 2 are permitted wherever regular bikes can go, class 3 on non-shared or multi-use routes only. But nobody is checking it so class 3 bikes go everywhere, conforming to fed regs otherwise.

BLM is the one that needs to get onboard, after all they were the ones that let motorized go cross-country for decades. BTDT got the t-shrits.
As an aside, CA has closed 97% of offroad routes in my lifetime. That's right, there's 3% left for greensticker offroading (unlicensed motorized vehicles).
 
Yes, this won’t achieve its intended aims if localities enact knee-jerk bans. Moving the goalposts by providing baseline trail use obliges politicians to justify bans. As usual politics is local. The state govt wants this, VA cities & Counties are following suit: Arlington decided to follow NPS lead and from January 1st this year revised its 40 year old trail ban on Motorized Bicycles to permit all Class 1-3 ebikes on County multi use trails with a 20mph speed limit, and Nova Parks then Fairfax County voted last year to open up paved trails to ebikes. The pace of legislation is slow but things appear to be moving the right direction. If the state is smart it will commission a report on the effects of opening up bike trails to ebikes on the local economy and trail safety, good candidates for paved trails include the Virginia Capital-Capital, W&OD, & Mt Vernon trails which are well run and can produce before/after trail counts, accident stats, and approach local ebike shops and other businesses. Such evidence would help local cycling advocates counter with facts opposition at local govt meetings. Also key is building alliances with the Virginia Cycling Federation as they watch/promote local legislation.
 
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Dewey said:
Legislative Action Alert
Click to expand...

Update: SB659 was tabled by the judiciary committee effectively killing it this session.

The reason why this bill is important was spelled out in a comment on a friends facebook feed:
"<name redacted> was in the jury pool on a relevant case (in Virginia). Cyclist lost because of contributory negligence. The cyclist was on the sidewalk riding east -- counter flow -- and the driver was making a right. Just from the brief arguments I knew right away that contributory negligence was going to be important and that the cyclist's chances were close to zero. The point was whether the cyclist was to be treated as a ped in the crosswalk and whether she bore any responsibility for the collision for entering at a bicyclists speed...it was clear that she was going to be found marginally responsible and get the big donut."

Contributory Negligence means driver's insurers get away with not paying injured cyclists in Virginia, Maryland, Alabama, North Carolina, and the District of Columbia. This needs changing or Vision Zero in those states is just BS
 
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Update: HB543 & SB871 passed both the House and Senate and are being sent to the Governor for his signature, assuming he signs it the 3-class BPSA/PfB model ebike legislation should pass into Virginia law from July 1, 2020.
 
Update: SB437 this week passed both the House and Senate and will be sent to the governor for his signature. A win for cyclists in Virginia against careless or distracted drivers. Also passed today was HB1442, allowing speed cameras in school and work zones.

HB1705 & 1644 were passed by the house and move on to the senate where they need to pass before the session ends in mid-March. Those bills require vehicles to stop and give way to pedestrians crossing the highway at an intersection and prohibit vehicles overtaking another vehicle stopped to give way to a pedestrian crossing the highway. If combined with leading pedestrian stop light intervals, this hopefully should empower traffic cops to police the jockeying and bullying of cyclists and pedestrians crossing the road from drivers that goes on during commuting hours.
 
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April 2020 update, Gov Northam held a mammoth legislation signing last weekend April 11, and among other bills signed HB1705 which had the wording changed to incorporate HB1644. This marks the end of a particularly successful year for passing bicycle and e-bike friendly legislation. To summarize, the following are now adopted into Virginia state law:

  • The 3-Class People for Bikes/BPSA model e-bike legislation
  • Class 1 misdemeanor for a careless or distracted driver to hit and injure a cyclist or e-bike rider on the road
  • Speed cameras permitted in school or work zones
  • Ban on use of handheld cell phones while driving
  • Vehicle drivers now are required to stop when yielding to pedestrians, cyclists, or e-bikes at (i) crosswalks; (ii) pedestrian crossings; (iii) an intersection on a <35mph road; and no overtaking or passing a stopped vehicle giving way to other road users under these circumstances, this will enable policing problem driver behavior at intersections and crosswalks.
Still much to do to face down the insurance and car lobbies, I hope next year will see the reintroduction of the bill to change Contributory Negligence to a fairer Comparative Negligence legal standard in car-bicycle collisions.
 
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A month after the April 2020 update I bought a class three Specialized Turbo Vado 4 SL EQ. Since then I’ve ridden over a thousand miles. Mostly on the excellent W&OD MUP. Occasionally on the still lightly trafficked Loudoun County roads.

My ability to enjoy this most stressful summer one of personal accomplishments in health, energy and interest in my community both local and at large was enabled by this legislation and the efforts of many people.

Way to go, Virginia!
 
There is one problem, the ebikes are still restricted to "motorized vehicle" class on Government roads, makes no blanket provision for the operation of ebikes on trails that allow MTB.( you can't even buy a bottle rocket in this 'nanny state and don't get caught with weed. I am so happy I got a "Fuel efficient" tax on my wifes CRV.
 
As far as I can understand, eMTBs are a separate issue for which there are some genuine concerns though they are of course overblown.

By bottles rocket, I assume you mean fireworks? I’ve had enough bad direct and indirect experiences with fireworks so am not sure I can have a position there. As for weed, isn’t it significantly decriminalized in VA? Only a small fine?

What do you mean by “Fuel Efficient” tax?
 
You want bottle rockets...that’s why they invented South Carolina...you want weed...get a farm or drive to DC. Nanny state? You sound like some aging farmers I know BEFORE they have to use the Medicaid extension
Nobody bothers me on Virginia country roads but coal rolling oversized pickups and the occasional deer
 
BEC111 said:
As far as I can understand, eMTBs are a separate issue for which there are some genuine concerns though they are of course overblown.

By bottles rocket, I assume you mean fireworks? I’ve had enough bad direct and indirect experiences with fireworks so am not sure I can have a position there. As for weed, isn’t it significantly decriminalized in VA? Only a small fine?

What do you mean by “Fuel Efficient” tax?
Click to expand...
Weed had me looking at 20-25 years in VA( the CA and Judge ,didn;t like me and I think I know why- the Judge claimed MMS had His hands tied( I had over 30 outstanding citizens in the Courtroom pulling for Me, so I ended up pulling 85% 0f two years in the jail and prison system( you can't have fireworks because of the Dum-Dums, I have watched some of the You tubes of certain people trying out pretty fast EBIkes-blasting by Pets, old People and kids.
The "Fuel efficient tax" was the penalty you paid for buying a Vehicle that consumed less petrol- it seems it doesn't pay its way on road use taxes and there is an $80 plus surcharge on EVs/
 
$25 fine for less than an ounce...my farmer friend Arnold (recent photo posted) got that fine for his little bag, and the driving charge dropped.
 
The marijuana in question amounted to 3.2 grams.( I think they hated me)( I supported windmills- the whole story is rather convoluted)
 
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