SamTexas said:
amberwolf said:
Not strictly true. There is no federal law regulating ebikes as individuals own and use them, only as manufacturers produce them.
I have heard that more than one time, but I could not find anything specific in writing to support it. There is no differentiation between manufacturers and individuals in the federal wordings. In fact neither term was mentioned. What did I miss?
Ya, there is no wording to differentiate them because the law is written to describe what qualifies as an electric bicycle. this means that if something meets the definition, it does not require insurance or registration. If it does not meet this definition, then it needs insurance and registration. Amberwolf, I'm sorry but you are mistaken. If your bike goes above 20mph you need insurance and registration for that vehicle. If a cop catches you and he knows the law, you could get fined for driving an unregistered and uninsured vehicle. Also, you mentioned it depends on what your state or local laws are, this is also inaccurate information. As you will see in the quote below (directly from federal regulations word for word) the federal regulations supersede any state or local law regarding the use of electric bicycles.
Bottom line, if you deregulate your bike to go above 20 mph, don't get caught on the road by a cop because if they know the laws, you could get into serious trouble. Also, Pedego seems to be braking the law by deregulating bikes for their customers.
The law reads as follows:
On October 22, 2008, the Federal Highway Administration (FHWA)
updated the Bicycle and Pedestrian Provisions of Federal
Transportation Legislation to make technical corrections and
clarifications.
Below are the important updates reflecting electric bicycles:
Motorized Vehicle Use: In general, motorized vehicles are not permitted
on non-motorized trails and pedestrian walkways funded under Title 23.
Exceptions to this general rule exist for maintenance vehicles; motorized
wheelchairs; when State or local regulations permit, snowmobiles; and
electric bicycles (weighing under 100 pounds and a top speed of less
than 20 miles per hour); "and such other circumstances as the Secretary
deems appropriate" (except the Recreational Trails Program which
specifically provides funds for motorized trails). In 2008, FHWA
developed a Framework for Considering Motorized Use on Nonmotorized
Trails and Pedestrian Walkways to implement the "other
circumstances" provision.
Framework for Considering Motorized Use on Non-motorized Trails
and Pedestrian Walkways under 23 U.S.C. § 217
The purpose of this document is to provide guidance to Federal Highway
Administration (FHWA) division offices and a consistent framework for
determining when to permit an exception for motorized use on nonmotorized
trails and pedestrian walkways under 23 U.S.C. § 217(h)(5).
The relevant legislation reads as follows:
23 U.S.C. § 217. Bicycle Transportation and Pedestrian Walkways (h)
Use of Motorized Vehicles.--Motorized vehicles may not be permitted on
trails and pedestrian walkways under this section, except for-- (1)
maintenance purposes; (2) when snow conditions and State or local
regulations permit, snowmobiles; (3) motorized wheelchairs; (4) when
State or local regulations permit, electric bicycles; and (5) such other
circumstances as the Secretary deems appropriate.
(j) Definitions.--In this section, the following definitions apply:
(2) Electric bicycle.--The term "electric bicycle" means 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.
(4) Wheelchair.--The term "wheelchair" means a mobility aid, usable
indoors, and designed for and used by individuals with mobility
impairments, whether operated manually or motorized.
HR 727
SECTION 1, CONSUMER PRODUCT SAFETY ACT
The Consumer Product Safety Act (15 U.S.C. 2051 et seq) is amended
by added at the end of the following:
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).
SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.
For purposes of motor vehicle safety standards issued and enforced
pursuant to chapter 301 of title 49, United States Code, a low-speed
electric bicycle (as defined in section 38(b) of the Consumer Product
Safety Act) shall not be considered a motor vehicle as defined by section
30102(6) of title 49, United States Code.
Local Bicycle Laws
• Most states have their own set of bicycle laws regarding traditional
pedal powered bicycles. With most states recognizing electric bicycles
as traditional pedal powered bicycles you must know these laws in your
area. Your Department of Transportation or Cycle Clubs in your area will
have the details involving riding a bicycle in your area and your city's
bike pathways. Requirements for riding changes with areas with most
cities requiring LED lights, hand signals, riding on the correct side of
the road, riding behind and not parallel to other cyclist, etc…