In summary, federal law trumps all States’ laws. That is true with bicycle law, too. States cannot constitutionally pass legislation that reduces or eliminates Federal laws, they can only pass legislation that enacts additional (tighter) restrictions on its people. States can’t define an ebike a bicycle if greater than 750W/20mph, nor can they define an ebike a motor vehicle if less than the Federal Government’s limit of 750 Watts and a top electric-powered speed of 20 MPH.3 This is the Federal definition of a low speed electric bike, which equates it to a bicycle.
The Urge to Fly Under the Radar
A new ebike cyclist will likely experience two conflicts of thought: 1). Will the general public accept my use of this power assist technology, or Will they ridicule and reject me a lazy? 2). Will I stand out to law enforcement by the look of my bike or riding a bit faster than other cyclist on hills and roads? Grappling with these two thoughts will tempt most folks to try and remain unnoticed and ride more responsibly. After I became an advocate of e-transportation on two wheels, enjoying the benefits of power assist commuting, I eventually was a bit put off by this federal law, especially the 20mph limitation. Is 20 mph really practical and justified? Is it not true that many active young people on typical road bicycles are able to actively ride in the 20-25mph range? I discovered that ebikes, with larger tires and disk brakes can comfortably and safety cruise in that range of speed. The standard 2001 Federal law of 20mph, eventually became a practical limitation for an ebike commuter of over 20 miles a day, and caused me to get a bike beyond the federal limits, and making me more aware when riding in the presence of the police. I also ride about a ½ mile section of bike path prohibiting motor vehicles.
I have been able to find ebikes of all speeds, and after years of riding and a reflective posture for the law, I see that lawmakers were thinking less about me and my practical wants as the user, and more about the mass motor vehicle driving public, their perceptions and expectations of 'typical bicycle speeds’ on the roads and paths. So the laws were made to bicycle NORMS, not the potential performance limits for the users.
In my research about ebikes and the law, I cannot begin to justify how often articles about the laws evolved into the various ways and techniques to sneak around public notice and be stealth with the your ebike. The goal is to ride fast and fun, stay away from public awareness, and 'Fly under the Radar'. I have been there and I get the drift. But times are changing. Life under the ant hill is starting to produce more and bigger ants, some on steroids. Sales and production is up. Electric bike kits, DIY enthusiast, long distance commuters, and general drive for value is raising the desire for more options for consumers, wanting speed for fun and function, while developing amnesia for the law. People want to ride their new ebikes, but have the same access to safe pathways as they did the week before on their 100% human bike.
The ebike market is growing steady and moreso, technology is driving performance up and costs down. The market for a green, lifestyle friendly, transportation technology, with GPS, theft ID, cell service and probably skim lattes is now and driving an emerging market. Not to be over obligatory about being legal and duty oriented, but I do call on my fellow ebikers to ride legal, whether ebike, moped or other. Go ahead and build the 1200W ebike of your dreams, but get it insured and licensed if you must. Such compliance will set the precedence for public acceptance of ebikes in general, and build a track record for expansion and mainstreaming of moped-speed ebikes for commuter value driven needs of the future.
The urge to 'Fly under the Radar' can be counter acted with a trendsetting, in the open approach of being fast, cool, and legal, while promoting the technology with pride and legal confidence. Acceptance of a new technology and change to bike culture will never be without resistance, and proven benefits. IMO, it is best for enthusiast to engage the bike culture, lawmakers, environmental advocates, and build some common ground to make transition via the laws an easier path.
If you are a person who enjoys riding a bike casually at a typical bike path speed (10-15mph), and you like the idea of an ebike push up a hill, or relieving a sore knee, then your market for a fully legally defined ebike is very broad and your practical use have few limitations. Most ebikes will meet your needs and expectation. I would estimate that 85% of the electric bikes on the market are 100% compliant meeting the federal definition,. I encourage you to take the plunge and get a good quality ebike and ride more with assist. Do so with the confidence that electric bikes are here to stay, and coexisting with pedestrians and other cyclist will become a normal part of cycling life.
Is Classification the Future?
Efforts to update the current laws are already underfoot. In the fall of 2015, California Gov. Jerry Brown signed into law a bill that modernizes e-bike regulations and ensured that they are treated like traditional bicycles instead of mopeds.6 California established three classes of ebikes:
• Class 1: 750W/20mph max, pedal activated only.
• Class 2: 750W/20mph max, throttle activated only.
• Class 3: 750W/28mph max, pedal activated only. (Speed Pedelec)
Under the Guide Section of EBR, Court has written a full article, dedicated to the new classification approach, which was initiated by the BPSA (Bicycle Product Suppliers Association), supported by PeopleForBikes, and then Calbikes. The initiative was meant to be pro-active with ebike legislation, to establish self-imposed, measureable, distinct classes of electric bikes before states start hearing about anecdotal problems and call the exterminator to spray the whole ant colony.
The hard work to enact this new legislation has been done. Time will tell what amendments will be added. However, a framework for legal definition has been set and ebike producers can promote and sell with confidence.
Below is a figure showing the California bike classes.
https://electricbikereview.com/wp-conte ... 70x453.jpg
Highlights and comments on the classification:
• The classifications cover both production and labeling of the ebikes by the manufacturer, and the implemented use and access for the riders. The result is that all ebikes owners will officially no longer have the universal access to all fairways that traditional cyclist now enjoy.
• Class 1 makes great inroads to establish set boundaries for off road/natural surface trail access for eMountain bikes. There is fierce resistance from mountain biking purist to allow ebikes on trails. BPSA and IMBA have done good work to justify the impact of class 1 ebikes on natural surface trails, and eliminate the wear-n-tear argument, though IMBA members are not 100% on board.
• Class 2 re-established the 2001 federal definition for an ebike.
• Class 3 expands the interpretation of the Federal Law and pushes opportunity for growth and practical use.
• DIY enthusiasts, with tens of thousands of converted bikes using throttle-only, 20+ mph kits, are now officially labeled Moped class. While these bikes handle and pedal-ride just as safely as the class 3 speed pedelecs, our DIY brothers will be officially kicked out of the ant colony and left on their own for advocacy and legal acceptance in California.
• I would like to see a distinct class 4 for e-mopeds, and remove them from ICE mopeds.
• The corresponding Bikeway Access classification within the chart seems confusing and incomplete. Where is the unique application for class 1 and natural surface riding?
• Maybe the most confusing legal issue facing the e-bike rider is the difference between a bike lane and bike path. A bike lane is a marked section of roadway shared with motor vehicles. Bike paths pretty much universally prohibit the use of motorized vehicles. Still, you will need to research your area. As an example: “A path near our office specifically says “no motorized bicycles.” Yet, when we tracked down an employee who claimed to work enforcement on the path, he said that our e-bike was allowed.” 8
It should be obvious that any transition to new laws and classifications will be imperfect and have growing pains. As an ebike rider and consumer, just be aware that the freedom to come and go will largely be dictated by the class of bike your purchase or decide to build.
Unexpected Liabilities
If a car is at fault in an accident with a bicycle or ebike, their motor vehicle insurance will cover your cost for repair and hopefully few medical expenses. But what happens if YOU are at fault? What happens if you are at fault, and are technically riding an ebike that meets a moped or state motor vehicle definition, and you do not have the vehicle insured, or registered and riding illegally?
So here is where I must give the perfunctory DISCLAIMER, and say nothing I say or advocate in this article should be used for legal advice, but the individual but seek their own legal counsel.
That said, bicyclist and ebike riders alike are bound to the rules of the road, and when followed, everything goes well most of the time. Accidents happen and it is usually the fault of the car, vs the cyclist, and their auto insurance will apply. However, ebikes are new to the road and to the driver’s eye. E-mopeds as means of commuting, and speed pedelecs will be at speeds that raise the risk of accidents. So I would advocate you ride legal within the laws of your state. I would also look into some kind of liability rider with your home owner’s policy, which covers your liability and theft. Get your bike registered; wear your helmet, eye protection, whatever is required by state law so that if an accident occurs and you are at fault, there is no legal recourse. Even if you own a 750W/20mph ebike that meets the definition of a bicycle, any at-fault cyclist may still be denied coverage by stingy insurance companies who want to support their clients. Your health insurance will cover your medical bills, but the costs of an expensive ebike may be lost.
For many ebike owners, doing their ebike thing usually becomes more than a hobby and good exercise on the weekend with the riding club. It becomes a lifestyle, a utility machine, a darn fun piece of technology on two wheels. As the industry grows and becomes more popular, these unique bikes will be a daily part of many lives and mold into the framework of legal society. The ant farm will become the homestead.
Good Rides Y’All,
Ridan E. Bieke
The Smart Ped`aleck
References:
1. Eric Hicks, Is My E-Bike Legal? USA EBIKE Law (April 23, 2013),
https://www.electricbike.com/electric-bike-law/2. ECO WHEELZ, Electric Bike Laws & Regulations,
http://eco-wheelz.com/electric-bike-laws.php3. Morgan Lommele, e-bikes campaigns manager, Clearing up e-bike legislation in the U.S., May 26, 2015,
http://www.peopleforbikes.org/blog/entr ... in-the-u.s
4. Doug McClellan, California governor signs law modernizing electric bike regulations, October 8, 2015 ,
http://www.bicycleretailer.com/north-am ... tfYxOZ_XX4
5. PA Electrics, Electric Bike Specialist, Legislation, Laws and Regulations, Electric Vehicles
http://www.paelectrics.com/legislation.html6. Electric-Bikes.com, Electric Bicycles: Legal Issues,
http://www.electric-bikes.com/bikes/legal.html7. Wikipedia , Electric bicycle laws,
https://en.wikipedia.org/wiki/Electric_ ... ted_States
8. Electric Bike Action Magazine , Pedal-assisted bicycles and the Law,
February 20, 2014 ,
http://www.electricbikeaction.com/e-bike-laws/9. Electric-Bikes.com, 10 E-bike Laws,
August 6, 2015,
http://www.electricbikeaction.com/e-bike-laws/10. Alex Logemann and Morgan Lommele, New e-bike law passes in California
October 07, 2015,
http://www.peopleforbikes.org/blog/entr ... california