Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.


Topics - Tom Cole

Pages: 1 2 [3] 4 5 6
31
Product Showcase / ProdecoTech
« on: September 20, 2016, 12:07:04 pm »
A large line of bikes to fit every niche.  All have top quality components.  Not terribly expensive plus free shipping if you live in the lower 48 United Satates
https://www.prodecotech.com/

32
Suggested Bicycles for Conversion / Want to build your own bike, ground-up?
« on: September 20, 2016, 11:59:15 am »
These guys have everything you need to build just about any type of frame you can imagine.  From tubing to weldments to dropouts etc.
http://www.cycle-frames.com/bicycle-frame-tubing/home.php

33
General Tech Info / Electric Bike Blog
« on: September 20, 2016, 11:53:03 am »
A blog by Karl Gesslein.  This guy loves fat ebikes and most of his information is geared toward that, but there is plenty of great info about mid drives in general.
https://electricbike-blog.com/

34
Product Showcase / EM3ev
« on: September 20, 2016, 11:47:20 am »
This is a company in China with an impressive website.  Lots of kits, parts and info on Bafang Mid drives.

http://em3ev.com/store/index.php?route=common/home



35
Laws About Ebikes / Illinois
« on: September 19, 2016, 02:59:52 pm »
Illinois wiki listing

The federal definition applies.

Public Act 096-0125

Quote
    Section 5. The Illinois Vehicle Code is amended by adding
Sections 1-140.10, 1-140.15, and 11-1516 and by changing
Section 1-146 as follows:
 
    (625 ILCS 5/1-140.10 new)
    Sec. 1-140.10. Low-speed electric bicycle. The term
"low-speed electric bicycle" has the same meaning ascribed to
it by Section 38 of the Consumer Product Safety Act (15 U.S.C.
Sec. 2085).
 
    (625 ILCS 5/1-140.15 new)
    Sec. 1-140.15. Low-speed gas bicycle. A 2 or 3-wheeled
device with fully operable pedals and a gasoline motor of less
than one horsepower, whose maximum speed on a paved level
surface, when powered solely by such a motor while ridden by an
operator who weighs 170 pounds, is less than 20 miles per hour.
 
    (625 ILCS 5/1-146)  (from Ch. 95 1/2, par. 1-146)
    Sec. 1-146. Motor vehicle. Every vehicle which is
self-propelled and every vehicle which is propelled by electric
power obtained from overhead trolley wires, but not operated
upon rails, except for vehicles moved solely by human power,
and motorized wheelchairs, low-speed electric bicycles, and
low-speed gas bicycles. For this Act, motor vehicles are
divided into two divisions:
    First Division: Those motor vehicles which are designed for
the carrying of not more than 10 persons.
    Second Division: Those motor vehicles which are designed
for carrying more than 10 persons, those motor vehicles
designed or used for living quarters, those motor vehicles
which are designed for pulling or carrying freight, cargo or
implements of husbandry, and those motor vehicles of the First
Division remodelled for use and used as motor vehicles of the
Second Division.
(Source: P.A. 85-1010.)
 
    (625 ILCS 5/11-1516 new)
    Sec. 11-1516. Low-speed bicycles.
    (a) A person may operate a low-speed electric bicycle or
low-speed gas bicycle only if the person is at least 16 years
of age.
    (b) A person may not operate a low-speed electric bicycle
or low-speed gas bicycle at a speed greater than 20 miles per
hour upon any highway, street, or roadway.
    (c) A person may not operate a low-speed electric bicycle
or low-speed gas bicycle on a sidewalk.
    (d) Except as otherwise provided in this Section, the
provisions of this Article XV that apply to bicycles also apply
to low-speed electric bicycles and low-speed gas bicycles.


Effective Date: 1/1/2010

36
Laws About Ebikes / New York
« on: September 19, 2016, 02:46:09 pm »
New York wiki listing

According to State Law, electric bicycles are not allowed on any roadway designed for automobiles in New York.

Check local laws as it seems there are several municipalities that do allow them. 

NYC does NOT and you will get fined and have your bike confiscated if caught.

37
Laws About Ebikes / Texas
« on: September 19, 2016, 02:21:45 pm »
Texas wiki listing

Electric Bicycles are defined by Texas HERE

Quote
(24)  "Electric bicycle" means a bicycle that:
(A)  is designed to be propelled by an electric motor, exclusively or in combination with the application of human power;
(B)  cannot attain a speed of more than 20 miles per hour without the application of human power;  and
(C)  does not exceed a weight of 100 pounds.



Electric bikes as defined above are treated as bicycles in Texas and are subject to the Transportation Code governing the operation of bicycles.

Quote
TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES

SUBCHAPTER A. APPLICATION OF CHAPTER

Sec. 551.001.  PERSONS AFFECTED.  Except as provided by Subchapter C, this chapter applies only to a person operating a bicycle on:
(1)  a highway;  or
(2)  a path set aside for the exclusive operation of bicycles.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1318, Sec. 4, eff. Sept. 1, 2003.


Sec. 551.002.  MOPED AND ELECTRIC BICYCLE INCLUDED.  A provision of this subtitle applicable to a bicycle also applies to:
(1)  a moped, other than a provision that by its nature cannot apply to a moped;  and
(2)  an electric bicycle, other than a provision that by its nature cannot apply to an electric bicycle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 9, eff. Sept. 1, 2001.


SUBCHAPTER B. REGULATION OF OPERATION

Sec. 551.101.  RIGHTS AND DUTIES.  (a)  A person operating a bicycle has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless:
(1)  a provision of this chapter alters a right or duty;  or
(2)  a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle.
(b)  A parent of a child or a guardian of a ward may not knowingly permit the child or ward to violate this subtitle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 551.102.  GENERAL OPERATION.  (a)  A person operating a bicycle shall ride only on or astride a permanent and regular seat attached to the bicycle.
(b)  A person may not use a bicycle to carry more persons than the bicycle is designed or equipped to carry.
(c)  A person operating a bicycle may not use the bicycle to carry an object that prevents the person from operating the bicycle with at least one hand on the handlebars of the bicycle.
(d)  A person operating a bicycle, coaster, sled, or toy vehicle or using roller skates may not attach either the person or the bicycle, coaster, sled, toy vehicle, or roller skates to a streetcar or vehicle on a roadway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 551.103.  OPERATION ON ROADWAY.  (a)  Except as provided by Subsection (b), a person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
(1)  the person is passing another vehicle moving in the same direction;
(2)  the person is preparing to turn left at an intersection or onto a private road or driveway;
(3)  a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway;  or
(4)  the person is operating a bicycle in an outside lane that is:
(A)  less than 14 feet in width and does not have a designated bicycle lane adjacent to that lane;  or
(B)  too narrow for a bicycle and a motor vehicle to safely travel side by side.
(b)  A person operating a bicycle on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.
(c)  Persons operating bicycles on a roadway may ride two abreast.  Persons riding two abreast on a laned roadway shall ride in a single lane.  Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway.  Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles.
(d)  Repealed by Acts 2001, 77th Leg., ch. 1085, Sec. 13, eff. Sept. 1, 2001.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 10, 13, eff. Sept. 1, 2001.


Sec. 551.104.  SAFETY EQUIPMENT.  (a)  A person may not operate a bicycle unless the bicycle is equipped with a brake capable of making a braked wheel skid on dry, level, clean pavement.
(b)  A person may not operate a bicycle at nighttime unless the bicycle is equipped with:
(1)  a lamp on the front of the bicycle that emits a white light visible from a distance of at least 500 feet in front of the bicycle;  and
(2)  on the rear of the bicycle:
(A)  a red reflector that is:
(i)  of a type approved by the department;  and
(ii)  visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances from 50 to 300 feet to the rear of the bicycle;  or
(B)  a lamp that emits a red light visible from a distance of 500 feet to the rear of the bicycle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 11, eff. Sept. 1, 2001.


Sec. 551.105.  COMPETITIVE RACING.  (a)  In this section, "bicycle" means a nonmotorized vehicle propelled by human power.
(b)  A sponsoring organization may hold a competitive bicycle race on a public road only with the approval of the appropriate local law enforcement agencies.
(c)  The local law enforcement agencies and the sponsoring organization may agree on safety regulations governing the movement of bicycles during a competitive race or during training for a competitive race, including the permission for bicycle operators to ride abreast.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 551.106.  REGULATION OF ELECTRIC BICYCLES.  (a)  The department or a local authority may not prohibit the use of an electric bicycle on a highway that is used primarily by motor vehicles.  The department or a local authority may prohibit the use of an electric bicycle on a highway used primarily by pedestrians.
(b)  The department shall establish rules for the administration of this section.

Added by Acts 2001, 77th Leg., ch. 1085, Sec. 12, eff. Sept. 1, 2001.

38
Posted with permission by the author.  "Ridan E. Beike" the Smart Ped`aleck

Know Your State Laws
I.   Federal vs. State
II.   The Urge to Fly Under the Radar
III.   Is Classification the Future?
IV.   Unexpected Liabilities

Introduction
The laws governing the production and sales of electric bicycles seem to resemble an ant hill. If you live in the ant colony, life is very busy with a bustling of new work, ideas of expanse, product that continues to improve and push the limits of performance and the law. But to the average Joe walking by, it's just an ant hill. Life under the hill has been good for the past 15 years, since electric bikes (ebikes) arose from the promise of evolving battery technology (Lead acid-NiMH-Lithium), and congress was lobbied and passed the first and only bill to define ebikes in federal law. In 2001, the U. S. Congress passed Public Law 107-319, which exempts electric bikes under 750 watts and limited to 20 mph (with operating pedals) from the legal definition of a motor vehicle.2 Inevitably, the joys and secrets under the hill are becoming real world issues, followed by local and state laws arising without any boundaries except the US law itself. In the real life human colony of New York City, electric bike rights have been targeted and prohibited due to young delivery guys riding ebikes like Ant Man (tm) on wheels. This article will help you understand current law, the impact on the individual and to the ebike community.

Federal vs. State
Folks who are considering the purchase of an electric bicycle may have questions about their legal limits and those who already own one, are likely asking if they are relevant. Before one makes a judgment about the fairness or efficacy of the law, let's dissect what the laws says, and gain a foothold of understanding.
Federal law defines the limits of a low speed electric bike, equating it to a bicycle, and bypassing the definition of a motor vehicle only "For purposes of motor vehicle safety standards..." which means that the manufacturers of these bicycles don't have to meet federal equipment requirements, and are instead governed by the manufacturing requirements of the Consumer Product Safety Act. There is no mention of exemption from other federal, state, and local traffic laws, or exemption from the definition of a motor vehicle for other purposes. 3 This means the law applies to the manufacturer's product and sale, avoiding federal safety requirements applying to a motor vehicle such as brake lights, turn signals and braking specifications. The goal of the law was to give businesses a legal framework to define and sell low speed electric bikes without the more stringent Federal classification of a motor vehicle. Ebikes that meet the criteria are considered a "bicycle", do not meet the definition of a motor vehicle, and will be regulated by the Consumer Product Safety Commission. The law also grants the commission authority to add safety requirements to this product. The Federal law supersedes all state laws that equate bicycles to ebikes where the state law is more stringent (lower limits) on power and speed.

Here is a link to the law, you can read it yourself:
http://www.eco-wheelz.com/docs/fed-regulation.pdf

How do the State Laws relate to the 2001 Federal Law? This is a difficult question to answer and know how they apply to you individually. From the Federal Law, one would hope that your purchased ebike is simply classified as a bicycle, with all the rights and privileges allotted to a normal cyclist. However, State Laws are confusing because they may be more restrictive in parts and add other requirements. About 30 U.S. states still have confusing regulations around them. Either the bikes are technically classified as mopeds or motor vehicles, or they have equipment, licensing or registration requirements that cause problems for riders. Thanks to the People-For-Bikes/Bicycle Product Suppliers Association partnership with local advocacy groups, they have been able to make the case for streamlining state regulations so that e-bikes are essentially treated like regular bicycles. 4

For a Newbie to the electric bike world, with a dozen questions about the practical consequence of this 15 year old law, here is the skinny on ebike laws: What you are allowed to purchase and How they can be used?

1. Play it Safe, Make it Easy - E-bike manufacturers will offer you a large variety of styles, types, colors and utility, but the base specifications will be a bike producing less than 750 watts of power (1 horsepower = 746W) , and have its speed limited to 20mph on motor power alone. The majority of US ebikes meet that specification. Manufacturers do this for their own liability. Going this route assures you that your bike was built and sold legally. As a result, you will have about every privilege that a normal bicycle can expect. However, state and local laws may dictate reduced speeds and limited access to bike paths.

2. State and Local Laws dictate your use, but cannot constitutionally supersede the federal law - Any ebike purchased within the 750W/20mph limits has no fear of being under federal motor vehicle classification, nor can any state classify them a motor vehicle. The ebike is considered a 'bicycle' for consumer purposes. However, the State Laws on local bike paths and local thruways may prohibit or limit ebike access. When bike path signs use word such as 'motor vehicles' and 'motorbikes' , the laws are likely referring to gas-ICE motorbikes/dirt bikes/scooters, and not ebikes. Other references to 'motorized bicycles' or 'motorized vehicles' sounds more inclusive and probably are intended for either ebikes or gas mopeds. If in doubt, you always have the option to pedal non-assisted. Even though Federal law grant ebikes a bicycle status, the common consensus found in my research allows local and state law to add additional regulation to pathway and road access, just because "it has a motor". So the Federal laws protects the consumer from the burden of motor vehicle requirements, but not the restrictions to local and state right of ways enjoyed by all non-motored bicycles.
Your local state may have very definite rules as to what is an e-bike, what is a moped, and what is a motorcycle. While ebikes enthusiast don't want the motor vehicle label, it is certain that each state will define some power level and speed where that classification will apply. Your best source of information is to go directly to your state motor vehicle department website, and get a copy of the your local state vehicle codes, with NO EDITING. Only a recently updated official state vehicle codes will contain all the latest changes to the laws. 1 For a link to your state MVA, look here:2
http://eco-wheelz.com/electric-bike-laws.php

3. Can I legally buy/build and ride an ebike that's faster than 20 mph? Yes you can, but you need to know that the ebike is no longer considered equivalent to a bicycle and is subject to other state vehicular classifications. The definitions for electric bikes spanning 20-30mph, and 1-2 horsepower ranges, will vary from state to state, resulting in a no-man's-land consensus about limits for motor vehicle definition. The common label for a 20-30mph, 2-wheeled vehicle with active pedals is a Moped. Other MVA labels include motor scooter, motorbike and dirt bike which may have equivalent power and speed performance, but do not have pedals to assist and move the vehicle.
State laws tend to intermix the source of power as either gasoline ICE or electric drive. This is unfortunate because that neutralizes the environmental advantage of an ebike over an ICE moped. It also misrepresents the contrast in power output levels between an ICE and electric motor system. 50cc gas mopeds/scooters have a 2.5-4 HP rating, while the 20+ mph electric bikes will be 1-2hp, and ride much closer to a normal bicycle compared to a gas powered, 2.5hp moped. E-mopeds will weigh 55-70lbs. Gas mopeds and scooters are typically over 120lbs. E-mopeds are still electric bikes that get valuable power assist from human pedal effort.

The federal law will not prohibit a motor vehicle label and additional restrictions given by the state. States will typically define e-mopeds in the 1000W range (1.5 hp) and speeds attainable to 30mph, and include a few requirements such as a helmet, eye protection, and a driver's license. States may also require title, registration, and insurance for mopeds.

The higher power/speed ebikes will be sold under the following three categories:
Off-Road ebikes - Ebikes made and sold as "off road use only" are legal on private land and in off road trails, but may not technically legal to ride on the road.

DIY Kit ebikes - Ebikes that are home built with a DIY kit, and exceed the 750W/20mph definition, are also allowed to be bought, build, and ridden. DIY kits are throttle activated. Some of the newer systems have PAS options. Ebike kits are not unilaterally prohibited or assigned motor vehicle status, but again, legal classification and road use falls under state law.

Speed Pedelec ebikes - A new classification of bikes called 'Speed Pedelecs' have emerged which technically meet the bicycle definition for a 20 mph ebike. These ebikes are designed to max out at 28 mph. Pedelecs are pedal activated vs throttle activated. The weasel words within the definition says, "20mph on motor alone". Thus, a person who adds their leg power to the motor assist and happens to cruise at 28mph is NOT doing it by motor alone, and therefore the bike is considered to be compliant with the Federal Law. If the rider stops pedaling, the speed pedelec cannot maintain speed. Speed Pedelecs are becoming more popular in Europe and America, which means more models are being offered.

State laws defining electric bikes, mopeds and motorizied bikes vary across the nation. The Wiki link below summarizes the eye-opening differences.7
https://en.wikipedia.org/wiki/Electric_ ... ted_States

39
Ride, Trail, and Club Announcements / Electric Bike Expo
« on: September 09, 2016, 07:01:12 am »
This event showcases participating dealers and manufacturers to potential buyers.  Multiple stops over the year all over the US.

http://www.electricbike-expo.com/

https://www.facebook.com/ElectricBikeExpo

40
Laws About Ebikes / Electric bicycle laws-wikipedia
« on: September 08, 2016, 03:36:00 pm »
This is worth a look.  Covers laws in several countries including the US which is further broken down by state.

https://en.wikipedia.org/wiki/Electric_bicycle_laws

41
Laws About Ebikes / California
« on: September 08, 2016, 02:38:59 pm »
California wiki listing

You have 2 designations of motorized bicycles in California as defined by CVC §406.   They are commonly referred to as 406a and 406b.

California Code
Quote
406. (a) A “motorized bicycle” or “moped” is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

(b) A “motorized bicycle” is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this subdivision, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided.

(c) The disclosure required under paragraph (4) of subdivision (b) shall meet both of the following requirements:
(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(2) The disclosure shall include the following language in capital letters:
“YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”


California Code
Quote
If you wish to operate a motorized bicycle which falls under the definition of CVC §406(b) on a road in California, you:
- Must be 16 years of age or older.
- Must wear a properly fitted and fastened bicycle helmet.
- Are exempt from the motor vehicle financial responsibility, driver license, and moped plate requirements (CVC §12804.9).
- Must purchase special license plates and identification cards, which requires a one-time $18 fee.

If you operate a motorized bicycle which falls under the definition of CVC §406(a), you must also:
- Must have a motorcycle license (M1 or M2).


42
Laws About Ebikes / Alabama
« on: September 08, 2016, 01:45:23 pm »
Alabama wiki listing


Alabama has conflicting language depending on which department you are asking.  Safe bet...if you put a "motor" on a bicycle and you want to ride it on the road, you need to get it titled, registered and get a class M driver's license.  It appears that a 14 year-old can get a class M license.  To get the title, you are going to have to supply either a certificate of origin or some other proof of ownership.    Contact your County license plate issuing office for exact procedures.

43
Laws About Ebikes / Disclaimer about all threads in this section.
« on: September 08, 2016, 12:11:35 pm »
These threads represent official information from the states listed as of the date of the post.  The information does not reflect my beliefs or opinions.  This information is not to be considered exhaustive.  There may be further details you need to know including but not limited to city or county ordinances and laws regarding the proper lawful operation of a bicycle.  Laws change, so monitor them yourself.  In every possible case, I have posted a link directly to the individual state's published law at the time, so you can monitor it easily.

With that said, just because it doesn't spell it out in the law doesn't mean you shouldn't or can't do better.  You can get seriously injured or killed riding a bicycle, motorized or not on a roadway.  Do what you have to do in addition to following the laws to protect yourself.  Wear a helmet.  Use lights, reflectors, horns and brakes with a kill switch, etc.

Finally, if you are ignoring these laws, you are endangering yourself as well as other people.   You jeopardize the future of electric bicycles in general by escalating governmental intervention whenever you are involved in unlawful and/or negligent activity.  Please be responsible.  Chances are, in most places, if you look like you are riding a bicycle and comply with laws concerning the operation of a bicycle, authorities won't care about you because you aren't giving them a reason.  If you are not pedaling and riding a wheelie at 30MPH in an urban area without a helmet, you are probably going to get stopped, and I sincerely hope you do.  Keep this in mind, If you fail to follow the law and are involved in a wreck, YOU may (and likely will) be the one held liable for damage and injury even if you were not otherwise at fault.

44
Laws About Ebikes / Florida
« on: September 08, 2016, 11:52:21 am »
Florida wiki listing

From http://www.flhsmv.gov/courts/latestinfo/ScootersSegwaysMopedsandElectricBicycles.pdf

Quote
(2) BICYCLE.--Every vehicle propelled solely by human power, and every motorized
bicycle propelled by a combination of human power and an electric helper motor capable of
propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon
which any person may ride, having two tandem wheels, and including any device generally
recognized as a bicycle though equipped with two front or two rear wheels. The term does
not include such a vehicle with a seat height of no more than 25 inches from the ground
when the seat is adjusted to its highest position or a scooter or similar device. No person
under the age of 16 may operate or ride upon a motorized bicycle

Operators of motorized bicycles do not need a valid driver’s license and are not
required to register them in order to operate them on public roadways.

45
Laws About Ebikes / Federal Definiton
« on: September 08, 2016, 11:47:29 am »
Wiki linkto US Federal  Listing

The following is from https://www.gpo.gov/fdsys/pkg/CRPT-107hrpt5/html/CRPT-107hrpt5.htm

This is a part of a bill that defines electric bicycles and gives authority to the Consumer Product Safety Commission (CPSC)to regulate them.

[House Report 107-5]
[From the U.S. Government Publishing Office]



From the House Reports Online via GPO Access
[wais.access.gpo.gov]

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                      107-5

======================================================================



 
                      LOW-SPEED ELECTRIC BICYCLES

                                _______
                               

 March 5, 2001.--Committed to the Committee of the Whole House on the
              State of the Union and ordered to be printed

                                _______
                               

 Mr. Tauzin, from the Committee on Energy and Commerce, submitted the
                               following

                              R E P O R T

                        [To accompany H.R. 727]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 727) to amend the Consumer Product Safety Act to
provide that low-speed electric bicycles are consumer products
subject to such Act, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     1
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Committee on Government Reform Oversight Findings................     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     5
Advisory Committee Statement.....................................     5
Constitutional Authority Statement...............................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    The purpose of H.R. 727 is to amend the Consumer Product
Safety Act to provide that low-speed electric bicycles are
consumer products subject to that Act. The bill removes low-
speed electric bicycles from the definition of ``motor
vehicle'' within the jurisdiction of the Department of
Transportation, where such bicycles are required to be
regulated in the same manner as motorcycles. The bill then
amends the Consumer Product Safety Act to transfer jurisdiction
over low-speed electric bicycles to the Consumer Product Safety
Commission (CPSC), where those bicycles would be regulated
similarly to human-powered bicycles.

                  Background and Need for Legislation

    Electric bicycles are in use worldwide, with the market
rapidly evolving over the last several years. Electric bicycles
generate no pollution, are almost silent, and can greatly
increase the recreational and transportation options for
commuters.
    Some electric bicycles (power-assisted) provide motorized
assistance pedaling, although they cannot be operated solely by
motor power. These bicycles, like all non-powered bicycles, are
regulated by the Consumer Product Safety Commission (CPSC).
Other electric bicycles (power-on-demand) can be operated
solely by an electric motor, but still use lightweight frames,
are used in a manner similar to non-powered bicycles. They have
maximum motorized speeds not greater than those typical of a
reasonably athletic bicyclist while biking.
    Typical users of low-speed electric bicycles include older
and disabled riders who do not have the physical strength to
ride up hills without motorized assistance, law enforcement
agencies who use electric powered bicycles to increase their
patrol range, and commuters who cannot afford automobile
transportation or that work in traffic-congested areas.
    Power-on-demand, low-speed electric bicycles are currently
regulated by the Department of Transportation by the National
Highway Traffic Safety Administration (NHTSA). Section 30111 of
title 49, U.S. Code, requires the Secretary of Transportation
to prescribe motor vehicle safety standards. The term ``motor
vehicle'' is defined by section 30102(6) as ``a vehicle driven
or drawn by mechanical power and manufactured primarily for use
on public streets, roads, and highways * * *.''
    If NHTSA were to enforce its regulations on low-speed
electric bicycles strictly, the bikes would be required to have
a number of safety features, such as brake lights, turn
signals, automotive grade headlights, rear view mirrors, and
license plates, that are prohibitively costly, unwieldy, or
consume too much power for a low-speed electric bicycle. It is
estimated that the application of motor vehicle regulations to
power-assisted bicycles would increase the retail price of
these bicycles by at least $200-$300 and make them less
manageable and more unwieldy for consumers.
    Since low-speed electric bicycles are designed not to
exceed the maximum speed of a human-powered bicycle, and they
are typically used in the same manner as human-powered
bicycles, electric bicycles shouldbe regulated in the same
manner and under the same agency (the CPSC) as human-powered bicycles.

                                Hearings

    The Committee has not held any hearings on H.R. 727.

                        Committee Consideration

    On February 28, 2001, the Committee on Energy and Commerce
met in open markup session and ordered H.R. 727 reported to the
House, by a voice vote, a quorum being present.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 727 reported.

                      Committee Oversight Findings

    The Committee did not hold a legislative or oversight
hearing on H.R. 727 in the 107th Congress.

           Committee on Government Reform Oversight Findings

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, no oversight findings have been
submitted to the Committee by the Committee on Government
Reform.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
727, a bill to amend the Consumer Products Safety Act to
provide that low-speed electric bicycles are consumer products
subject to such Act, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 5, 2001.
Hon. W.J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 727, a bill to
amend the Consumer Product Safety Act to provide that low-speed
electric bicycles are consumer products subject to such act.
    If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Charles
Betley.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 727--A bill to amend the Consumer Products Safety Act to provide
        that low-speed electric bicycles are consumer products subject
        to such act

    Summary: This bill would assign to the Consumer Product
Safety Commission (CPSC) jurisdiction for regulating the safety
of low-power electric bicycles. Low-power electric bicycles are
defined by the bill as bicycles or tricycles with an electric
motor of less than one horsepower or 750 watts and a maximum
speed of 20 mph on a level surface. The bill would also preempt
state laws affecting such vehicles which are more stringent
than the Federal Consumer Products Safety Act. The bill would
not affect direct spending or receipts; therefore, pay-as-you-
go procedures would not apply. CBO estimates that implementing
and enforcing new regulations under the bill would cost less
than $500,000 a year, subject to the availability of
appropriated funds.
    H.R. 727 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA) because it would
preempt any state law or regulation that has more stringent
requirements for the regulation of low-speed electric bicycles
than those required under the bill. Although data are limited,
CBO estimates that complying with these mandates would not
exceed the threshold established by the act ($55 million in
2000, adjusted annually for inflation). The bill would not
impose any private-sector mandates as defined in UMRA.
    Estimated cost to the Federal Government: Currently the
National Highway Traffic Safety Administration (NHTSA)
regulates ``motor-driven cycles,'' which are defined as
motorcycles and mopeds with less than five horsepower. By
assigning jurisdiction of low-power electric bicycles to the
CPSC,H.R. 727 may allow NHTSA to expend fewer resources on
regulating a relatively low-risk transportation vehicle, but NHTSA
would still be responsible for enforcing safety regulations for motor-
driven cycles that have gasoline engines, that are capable of speeds
greater than 20 mph, or that have more than one horsepower. Additional
costs to the federal government would occur should the CPSC decide
that, to assure consumer safety, low-power electric bicycles require
new regulations. CBO estimates that discretionary costs for
implementing potential new safety regulations would be less than
$500,000 a year. The costs of this legislation fall within budget
function 550 (health).
    Pay-as-you-go considerations: None.
    Estimated impact on State, local, and tribal governments:
H.R. 727 contains an intergovernmental mandate as defined in
UMRA. The bill would expressly preempt state laws and
regulations governing low-speed electric bicycles that contain
more stringent requirements than those established by the
Consumer Product Safety Commission. Because states vary
significantly in their regulation of consumer products and
information about the operation of such programs is limited,
CBO cannot determine with certainty the effect of this bill on
state budgets. However, because the state statutes we reviewed
largely regulate the use of low-speed bicycles in traffic, not
the standards by which they are produced, CBO estimates that
any costs to the states, primarily lost revenue from fines,
would likely be minimal and would not exceed the threshold
established by UMRA ($55 million in 2000, adjusted annually for
inflation).
    Estimated impact on the private sector: The bill would
authorize the CPSC to expand the existing regulations for
bicycles to include new regulations for low-speed electric
bicycles. Industry experts stated that, should the CPSC decide
to regulate low-speed bicycles in the same category as
bicycles, those requirements would be less burdensome for
manufacturers than existing requirements under NHTSA. Thus, CBO
expects that the bill would impose no new private-sector
mandates.
    Estimate prepared by: Federal costs: Charles L. Betley;
impact on State, local and tribal governments: Shelley
Finlayson; impact on the private sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 3, which grants Congress the power
to regulate commerce with foreign nations, among the several
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Consumer Product Safety Act

    Section 1 classifies low-speed electric bicycles as
consumer products within the meaning of the Consumer Product
Safety Act, making them subject to regulation and oversight by
the Consumer Product Safety Commission. Low-speed electric
bicycles are defined as two- or three-wheeled vehicles with
fully operable pedals and an electric motor of less than 750
watts (1 h.p.), whose maximum speed on a paved level surface,
when powered solely by such a motor while ridden by an operator
who weighs 170 pounds, is less than 20 mph. This definition is
derived from the Department of Transportation's definition of
electric bicycles used in the Bicycle Transportation and
Pedestrian Walkways provisions of section 217(j) of title 23 of
the U.S. Code, that defines ``electric bicycle'' as meaning any
bicycle or tricycle with a low-powered electric motor weighing
under 100 pounds, with a top motor-powered speed not in excess
of 20 miles per hour. To further provide for the safety of
consumers, this section gives the Commission authority to
``promulgate new or amended requirements applicable to such
vehicles as necessary and appropriate.'' Any State laws or
requirements governing low-speed electric bicycles that are
more stringent than those of the Commission are superseded.

Section 2. Motor vehicle safety standards

    Section 2 clarifies that in transferring jurisdiction over
low-speed electric bicycles to the Consumer Product Safety
Commission, those bicycles will no longer be regulated as motor
vehicles subject to the jurisdiction of the Department of
Transportation and the National Highway Traffic Safety
Administration.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic):

                      CONSUMER PRODUCT SAFETY ACT

           *       *       *       *       *       *       *




                      low-speed electric bicycles


  Sec. 38. (a) Notwithstanding any other provision of law, low-
speed electric bicycles are consumer products within the
meaning of section 3(a)(1) and shall be subject to the
Commission regulations published at section 1500.18(a)(12) and
part 1512 of title 16, Code of Federal Regulations.
  (b) For the purpose of this section, the term ``low-speed
electric bicycle'' means a two- or three-wheeled vehicle with
fully operable pedals and an electric motor of less than 750
watts (1 h.p.), whose maximum speed on a paved level surface,
when powered solely by such a motor while ridden by an operator
who weighs 170 pounds, is less than 20 mph.
  (c) To further protect the safety of consumers who ride low-
speed electric bicycles, the Commission may promulgate new or
amended requirements applicable to such vehicles as necessary
and appropriate.
  (d) This section shall supersede any State law or requirement
with respect to low-speed electric bicycles to the extent that
such State law or requirement is more stringent than the
Federal law or requirements referred to in subsection (a).

Pages: 1 2 [3] 4 5 6
anything