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| Image courtesy of A. Andonopoulos |
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 action. 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.
GT, thanks for sharing this and bringing it to light.
ReplyDeleteThe problem on rural roads and city streets, and on greenways and trails, in my opinion, is less about electric assist bikes in general and more about throttled electric devices that need no pedaling or minimal pedaling. Some of these look like enduro dirt bikes or even actual street motorcycles, which is exactly how they are marketed.
In the EU and UK, e-bikes are limited to 15 or 16 mph, period. 250W and a top assisted speed of 15.5 mph (25 km/h). Motor assistance must only operate while pedalling (pedal-assist). It’s a little boost, not the main propulsion. That covers people with heavy cargo bikes hauling kids or stuff, commuters in hilly areas or who simply don’t want to get dressy work clothes sweaty, and keeps crash speeds lower. It also limits what rental scooters and bikes can reach. Maybe one simple, blanket limit like that could work here in the US. Cap everything for everyone at 20mph if any electric is involved. Anything over that is a motorcycle with similar laws and prohibitions.
I am a bit older, live in a mountainous city, commute to work daily year-round and go shopping without using a car thanks to a class 1 e-bike that taps out around 19mph; and I ride acoustic bikes for fun and on weekends. The honest choice for me and for many others is not electric or non-electric; it is bike or car. And I choose bike. If I lived in a flat place, I would not go electric. But climbing that last 400 ft in the last mile of a ride from work or the store sucks enough that it isn’t fun or worthwhile.
Another thought - electric assist is an advantage. So are light $3kaero carbon framesets, fast rolling tires that cost $100 each, ceramic bearings, and a $2k wheelset. A lower power Class 1 e-bike is not cheating or a speed advantage in normal Daily life. I am regularly passed by the Lycra people on carbon bikes, since they are very capable of exceeding 20mph on the flats and downhill most of the time. My only advantage is going uphill, and even then those Lycra folks can still keep up. Even in headwinds they are more aero and faster. Good for them. I am thankful not to be in a car or on a slow crowded bus.
Devices that can reach 25 mph or more unassisted, and get there super-quickly, are getting into motorcycle territory. But “Class 1” e-bikes aren’t the problem. Your mileage may vary.
PS I suspect this post of yours is going to generate some interesting comments!
@tntmoriv - Hey, thanks for the great comments here and I so appreciate you taking the time to write those up and share them here.
DeleteI hear what you are saying. But here's the thing - As I stated in the article, the genie is out of the bottle. Had we done the Euro thing, and had government regulations prohibited those "motorcycle" looking e-bikes from coming along here, well we'd be in a much better place. There is no going back now though, not in the short term. Those things are out there now, and our government shows no proclivities toward stopping it.
And one other thing which doesn't get mentioned a whole lot in these discussions is the fact of what "the people" want. Obviously, the appeal is going fast, not working for it, (and I am not lumping you or others who truly use assisted bicycles properly and for correct motives), and getting that cheap.
I say "obviously" because those are the units selling the most numbers. Where I live the bike shops have a hard time selling e-bikes from a price perspective, and also, those prices exclude a bi audience who could benefit greatly from cheap, easy transportation with no insurance or licensing.
This is a societal issue. Owning and operating a vehicle is getting more and more out of the range of affordability for many. Those "motorcycle like" e-Bikes are then a way these people can afford to get around. I don't think "bicycling" is as important to them as "just living" is. Ya know? And so this is a big, big issue which is the root cause of why it is we are seeing so many of these electric motorized two wheeled vehicles now.
And this factors in greatly with parents of kids, who cannot afford cars for those kids, and on and on it goes. So, this is a much bigger issue than I think we cyclists see it as.
True on all points. I am not sure how to get that horse back in the barn or the genie back in the bottle. 100% correct on the societal nature of the issue!
ReplyDeleteThe majority of e-motos around LA are piloted by kids and ridden on the sidewalks at around the parks. I do see some adults on pedal assist bikes commuting to work or the store, and some e-assist cargo bikes and kid haulers. It takes a half second glance to know who is riding within the current bike laws and who is not. The "nots" seems to have no idea there are laws in place.
ReplyDeleteI have two different proposals, both which require scrapping the current class system.
ReplyDeleteThe first is to make throttle bikes motorcycles. You can still buy a 20mph throttle bike, but you need a license, tags, and insurance to use it. And a shop/retailer is liable for selling them to unlicensed individuals. A lot of Class II bikes are barely pedalable; the pedals are there for compliance. This would make on-the-road enforcement easier.
My alternative proposal is to make any device with three wheels or less that cannot exceed 25mph a Low Speed Mobility Device. Bikes, scooters, skateboards, One Wheels, it doesn't matter - no insurance or license and go anywhere a bicycle can. If it can exceed 25 mph, it requires a license, tags, and insurance. Resellers would be liable to verify this just like when selling a car. A 25mph cut off would also make on-the-road enforcement easier.
Both would put the onus and liability on shops/resellers to not sell illegal bikes.