E-Bikes And The Law

Image courtesy of A. Andonopoulos

 Recently a new law was signed by the outgoing governor of the State of New Jersey which pretty much treats every electrified bike/two wheeled vehicle as a motorcycle. 

See this excellent explainer video on YouTube HERE for a complete look at what this law might entail.  

Other states are also taking action, or considering to take actin. Here in Iowa a recent study bill included language which pretty much would have made riding any bicycle  on any road with a 25mph speed limit or higher illegal. Thankfully this bill has been pulled at the moment. People in New York, Arizona, and in some smaller communities across the USA report similar laws being either enacted or are statutes and ordinances under consideration. 

Essentially, this all boils down to a few key points. 

• Deaths and injuries involving electrified bicycles, including fires caused by batteries for such vehicles, is compelling law makers "to do something about it.  This especially becomes a higher priority when people under the age of 21 are involved. 
• Due to how the original class system for electrified bicycles was set up, there were gaps in the system and opportunities for profiteering opened up. This was evidenced by the surge in Far Eastern sourced electrified, two wheeled vehicles which would satisfy the appetite of US citizens for cheap, high-powered two wheeled vehicles which could be ridden with little to no effort. 
• Law enforcement has an insurmountable task in trying to weed out the wheat from the chaff when it comes to the bikes which are undesirable, illegal, or safe. Basically, it is impossible for any law to address this and not affect those who benefit most from assisted cycling. So, "blanket measures" are being written and, in the case of New Jersey, enacted with little to no regard for nuance.

 First of all, the genie is out of the bottle when it comes to the three class system and making that the "standard" for e-Bikes. This has failed and is essentially useless as a way to regulate motorized two-wheeled transportation. So any attempt to point to this system and think we can reverse field and have things the way they were intended to be with the three class system is doomed to fail. 

Okay, what do we do from this point? 

In New Jersey, they essentially are saying all two-wheeled "things" are now going to be treated like motorcycling. License, registration, and DOT approved motorcycle helmets. Insurance. The works. Most non-cyclists and people in government are going to nod their heads in approval with laws in this vein. It makes it easy - No trying to weed out what is this or that. Kill 'em all, let God sort it out. Brutal, but easy to write a law by this standard. 

Of course, it is unenforceable. The law enforcement departments haven't the time, resources, or will to tackle a law like this in totality. So, essentially it becomes a tool for (a) local entities to raise funds via citations, (b) a tool for law enforcement to seek out more serious crime by pulling over people for riding illegally with an intent for looking for evidence , or interrogation leading to arrests for more serious crimes. It also could easily be used as a way to intimidate minorities or whatnot. So, from this standpoint, these sorts of laws are opening doors for abuse and uses not intended by the law specifically. From this standpoint alone these laws should not be allowed on the books.

But what about the kids? 

This is where I think it is prudent to have laws making it illegal for underage individuals to be on these vehicles. It would be easier to enforce, it would have wider support from the cycling community, and it would address the root cause for concern. Meanwhile, our government should regulate imports and force quality checks on these e-Bikes coming in which are not compliant with safety regulations currently. Perhaps e-Bike specific ones, drawing from the three class system, could be implemented as well.  

I;m probably missing a lot here, but those are my initial thoughts on this subject. I do know laws like the one proposed in Iowa are ridiculous and completely unenforceable. Why are we wasting time trying to write lazy law like this? Our representatives should be doing better. And - of course - 100% human powered bicycles should never be a part of this. 

Let me know what you think in the comments.