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Messages - Tom Cole

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46
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.php
3.   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.html
6.   Electric-Bikes.com, Electric Bicycles: Legal Issues, http://www.electric-bikes.com/bikes/legal.html
7.   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

47
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

48
Coffee Shop / Re: Watts, Volts, Amps, and Amp hours...a discussion
« on: September 11, 2016, 02:37:08 pm »
Taking all of this into consideration, you can make an informed decision about what your needs really are in a battery, controller, and motor.  Let's go through deciding on a bike or motor kit for commuting.

If you are going to convert a regular bicycle into an ebike, I suggest, for commuting rides, that you consider a more traditional frame design with the horizontal top tube, vertical seat tube, and straight down tube completing the triangle.  Most bike racks on cars and buses are designed around this standard, and your battery mounting capability is maximized.  This pretty much eliminates rear suspension bikes.

Your first consideration about the "e" part of the bicycle should be the law where you are going to ride it.  Let's say you live in a state that just follows the Federal laws Federal laws .  Paraphrasing -Less than 750 watt(1 HP) motor, and no more than 20mph without pedaling.  Most often, meeting this requirement is pre-programmed into the controller's default.  It limits the wattage supplied to the motor to 750 and limits the RPM to what will drive a specific wheel size to 20mph.  Many systems have an "off road" setting as well, and some systems have multiple settings that enhance either performance (top speed and/or acceleration) or economy(distance capability).  A motor that can handle 750w to 1000w would be your choice here, just in case you decide to take her off road a bit.  But it is better to ask before you buy.

The next consideration will be your battery.  I am a fan of keeping the center of gravity low on a bicycle, so I prefer my battery to mount on the down tube.  This allows the battery to be attached securely using the water bottle mounting screws and keeps it protected inside the frame.  For commuting, you do not need to go crazy with the battery's voltage or energy density and this is great since the battery is often the most expensive part of the system.  The battery packs we use are almost always made up of 3.7v  "18650" cells wired in various configurations.  There are a lot of different 18650 batteries with varying features.  The latest greatest are 3.5Ah 10 amp batteries that allow the production of smaller battery packs without sacrificing energy density or the ability to draw a lot of current at once.The "Shark" or the bottle battery it the way to go.  A 36V pack with 40 cells in a "10S4P" configuration will provide 14Ah.  This will yield a 504Wh battery.  Couple that with a 30 amp controller and you have 1080W peak.  The 750 watt setting on the controller would need to be at 20 amps and you have 40 minutes at peak watts.  If you pedal at this "legal" setting, you will easily cover 20 miles at top speed.

49
Coffee Shop / Re: Watts, Volts, Amps, and Amp hours...a discussion
« on: September 11, 2016, 11:28:57 am »
Using the information above for our purposes on ebikes...

A couple of rules:
  • Your controller's maximum continuous wattage should NEVER exceed the maximum continuous discharge rate of your battery pack.  It is dangerous and will shorten the life of your batteries.
  • Your motor's maximum continuous wattage capability should slightly exceed the maximum continuous wattage provided by the controller, assuming your battery meets the rule above.
Let's say we have a 36 Volt, 10 Amp hour battery with a maximum continuous discharge rate of 30 amps.  This battery can continuously provide a maximum  of 1080W (36V x 30I = 1,080W).  But for how long?  It will provide 360Wh (36V x 10Ah = 360Wh) which means it will provide 360W of power for 1 hour.  If the battery is run at peak output (1080W), it can only do that for 1/3 of the time (360Wh /1080W = .333), which is 20 minutes.    WAIT, WHAT!?!?

Don't fret!  This DOES NOT mean that your 36V10Ah battery is only going to give you a 20 minute ride.  Assuming the two rules above,  your controller provides the motor with power based upon both need and the programmed max RPM of the motor.  Your controller will usually only draw maximum amps from the battery when you hit the throttle from a dead stop.  The amp draw from that point on will depend mostly upon if you are pedaling or not, bike/rider weight, number of stops/starts, throttle position, hill incline and drag(headwind and rolling resistance)...pretty much in that order too.
So if you and your fat tire bike weigh 400+lbs and are riding full throttle up steep hills of sand into a 30 MPH headwind without pedaling, you are probably only going to get 20 minutes out of that battery.  But an average person on an efficient bike at 20 mph riding on a paved road in light winds while pedaling will easily get 2 hours out of this system.  The controller opens the gate as the motor requires power.

Whether you are pedaling or not and to what extent you are adding support to the system MECHANICALLY is a factor that must be considered.  You can add anywhere from 100 to 300 watts of continuous power to this system.  A professional bicycle rider will produce 200-400 watts continuously for 4 hours and can peak around 1800W in a 30 second sprint.   You should be able to easily add an additional 120W.

50
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

51
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

52
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).


53
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.

54
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.

55
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.

56
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).

57
Laws About Ebikes / Georgia
« on: September 08, 2016, 11:13:38 am »
Georgia wiki listing

http://dps.georgia.gov/georgia-code-low-speed-vehicles

Quote
40-1-1(15.5) - Electric assisted bicycle:  A device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor. For such a device to be considered an electric assisted bicycle, it shall meet the requirements of the Federal Motor Vehicle Safety Standards, as set forth in 49 C.F.R. Section 571, et seq., and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied. The electric motor in an electric assisted bicycle shall:  (A) Have a power output of not more than 1,000 watts; (B) Be incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and (C) Be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than 20 miles per hour.

58
Product Showcase / Re: Vintage Electric
« on: September 01, 2016, 04:29:00 pm »

59
Product Showcase / Vintage Electric
« on: September 01, 2016, 04:28:13 pm »
Retro-look ebike built from the ground up.  Watch the video.  The passion is obvious and sincere.
http://vintageelectricbikes.com/


60
Site Admin Announcements / You can embed video links here easily
« on: September 01, 2016, 01:40:07 pm »
You can make a post that will directly embed video from youtube, facebook, vine, ustream, yahoo, instagram,google video, google maps and vimeo .  I can probably add others, including allowing links to .mov and .avi vidoes on your own server.  Just ask.
Just post the FULL link such as:
Code: [Select]
https://www.youtube.com/watch?v=4KAlNKd3xio
or
short youtube videos like this
https://youtu.be/Rp6gAvUYSdQ
or
[facebook]https://www.facebook.com/lunacycle/videos/1607562752867787/[/facebook]
or
https://vimeo.com/97638090
and they will look like this:





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