'Fast' E-Bikes: Pushing Legal Limits by Ed Benjamin LEVA

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full article here,
http://www.ecycleelectric.com/in-the-news/2013/6/26/fast-e-bikes-pushing-legal-limits
http://evworld.com/focus.cfm?cid=151

Ed Benjamin, LEVA Founder and Chairman (eCycleElectric, Managing Director-USA):

'Fast' E-Bikes: Pushing Legal Limits

By Ed Benjamin



“Fast ebikes” or “speed pedelecs” or “illegal ebikes” are a topic of conversation as the market for electric bikes in the USA grows. The key message here is that electric bikes can comply with the law, even the ones that are faster than the federal definition. And it is not hard to comply.

Some of these bikes can achieve speeds of 60 plus MPH. Many can exceed 40 MPH. Operating such, which appear to be outside the law, can cause problems for the entire industry, as well as the individual operators.

The Light Electric Vehicle Association represents the interests of companies that build and sell light electric vehicles. (http://www.LEVAssociation.com) This is primarily electric bikes and scooters at this time. The LEVA promotes the use of LEVs, and currently has about 250 companies / members in about 29 countries.

We at the LEVA feel that complying with the laws of the land is a simple issue. The laws are what they are, and citizens are required conform. If the laws do not suit - there are usually ways to discuss that with the political leadership that created the laws, and in many cases the laws can be changed to be more appropriate.

Most Americans do follow the laws - one reason that America is a good place to live. This pattern of voluntary compliance with the law is a strong and positive attribute of American culture.

But compliance is not optional. There are consequences and an enforcement mechanism.

When an ebike or a pedelec (a pedelec is a bike that the rider must pedal for the motor to run – the norm in the EU and Japan.) exceeds the government definition it becomes something other than an ebike.

Most “high speed” e bikes are actually mopeds or light motorcycles. There is a homologation process (making it conform to the laws of the land - gaining official approval) for mopeds and motorcycles - and it is not onerous.

Builders and distributors of such electric mopeds and light motorcycles can learn from NHTSA, and their state DOT, about the process of homologating their vehicles. And for consumers of such electric mopeds and light motorcycles can acquire appropriate licenses, insurance, and safety equipment and enjoy riding them, legally.

It is important for the reader to understand that the higher speed “Speed Pedelecs” of Europe have a set of relevant regulations and homologation process that was created, (in the EU, not long ago – and in response to demand from industry and consumers), that when complied with – makes them legal vehicles in the EU. The companies selling such in the USA have, so far as we know, complied with the laws of the EU. But just because a speed pedelec is legal in Europe does not make it legal in the USA. Some of the bikes being imported to the USA are actually homologated in the EU or Switzerland under rules that apply to mopeds or motorcycles. These are often referred to as “type approval” vehicles.


For Firms - selling illegal vehicle

For Manufacturers, distributors, and retailers of vehicles that do not comply with the applicable laws, here is a guide to how much trouble can descend upon them.

1. The CPSC can fine them. The number is, as I recall, 1 MILLION dollars per incident, or per vehicle, or per day, depending on the issue. That can add up fast! And since it is a cash positive activity for the CPSC, I suspect that they really, really like to find such situations. The primary way that the CPSC finds such cases is simple - business competitors report them. This can be done in 5 minutes over the Internet, no need to even make a phone call.

If you are annoyed with a competitor who is disregarding the law, check it out: http://www.saferproducts.gov/CPSRMSpublic/Section15/

If you are a concerned consumer, there is one for you as well: /www.saferproducts.gov/CPSRMSPublic/Incidents/ReportIncident.aspx

2. Imported vehicles that do not comply can be seized at the border. This is also called 'confiscation' and means the vehicles become very expensive fodder for a giant trash compactor. Other penalties may apply as well. The Customs officials learn about non-compliant vehicles either by reports from business competitors, or by investigation. And once an importer (company or individual) has been found to be a violator, their ability to import anything becomes more difficult.

Again, it can be done over the Internet: http://www.cbp.gov/xp/cgov/trade/trade_programs/e_allegations/

3. Product Liability Lawsuit. If a consumer was to be injured on a non compliant vehicle - no matter what wiggle words were pronounced by the seller (see below: "Wiggle Words") the court can decide to hold the maker, distributor, retailer, responsible to the tune of millions of dollars - and anyone who has any assets that can be reached by the US government should be very respectful of how catastrophic this can be. These lawsuits usually start when someone is injured or thinks they were injured, in a situation that somehow involved the illegal vehicle. They call a plaintiffs lawyer, who, once they learn about the details, checks to see that the offending companies have money and if they do, brings a lawsuit against them.

To find a plaintiffs lawyer in the USA, all you need to do is read a billboard, watch TV, Google it. (1,710,000 results on Google!)

4. Insurance Company Ducks and Runs - if a product is deemed "illegal", you can be sure that any insurance company that was thought to be covering product liability will use this as an excuse to deny coverage.

5. Wiggle Words - There is a popular idea that if the illegal vehicle has a sticker on it that says "for off road use only" that there is no worry about complying with laws concerning vehicles used on the public roadways.

Such a sticker will actually result in a conversation between the plaintiff’s lawyer, the jury, and the judge that goes like this: "Those were words that everyone involved knew were a fiction. This vehicle was intended for use on the roadway, and in such use this ILLEGAL vehicle injured our client - the nice lady in the wheelchair over there...." The judge and the jury are very likely to agree and decide to shower the plaintiff with all the assets of all the companies that were involved in creating and distributing the illegal vehicle.

[A note on the safety of using bicycle parts for a vehicle traveling at motorcycle speeds...it is not a good idea. The reason that motorcycles have beefier tires, suspension, brakes, and lights...is because they are needed at speeds in excess of "bicycle" speeds. But we note that many of these high-speed bikes are literally bicycles in every aspect except their ability to achieve a higher speed. That could result in injuries caused by vehicle equipment that is not sufficiently robust and was never intended to be used at such speeds. And that is a case for a product liability lawsuit in itself.]

6. And then there is state law.... States have a variety of bad attitudes and sanctions to apply to people who sell vehicles that do not comply with local and federal law. This can result in a wide range of penalties, from fines to jail, to loss of business license and more.
 
Yes, this has been my understanding and was a basis in my choice of a 500 watt motor kit:
In the USA, a bicycle that has a functional, human powered set of pedals and transmission and a motor of less than 750 watts that can propel the bicycle at a speed of less than 20 MPH is clearly defined by HR 727 and the resulting CPSC regulations as a “bicycle”. The complete description is a low speed electrically assisted bicycle. Note the words “low speed”. (Some states have modified this, but the federal definition is the most common.) It may be controlled by throttle, or by pedaling.

The state and federal laws can be found at www.LEVAssociation.com.
And, note in particular that:
Insurance Company Ducks and Runs - if a product is deemed "illegal", you can be sure that any insurance company that was thought to be covering product liability will use this as an excuse to deny coverage.
Which was true in my case .... see http://endless-sphere.com/forums/viewtopic.php?f=7&t=43573

Nice article, thanks for the post!
 
Whole this juridical mess is quite interesting philosophically. One can easily ask difficult questions like "how pedaling makes riding more safe"?
Lycra riders a v e r a g e 30-40 km/h, on long rides. Seriously you have to have a quite strong E-bike to keep up with best lycra guys out there. On last Tour De Helsinki winner averaged 42 km/h, on 140km long trip. Give me E-bike, that can average 42km/h on 140km distance :wink: It"s gotta have a top speed around 60-70 km/h and a range of a camel.
In my opinion that German speed pedelec law is pretty good. Throttle should be allowed because it actually makes riding more motivating. You notice that you use less throttle when your physical condition gets better towards the autumn, your range increases. This would be impossible with a pedelec. where your effiency is always the same on the same speed. When you look it this way, pedelec bike is closer to moped than throttle bike. You can"t increase your pedaling input while your condition gets better while keeping the same speed.
Then speed pedelecs should be allowed to ride on bike paths, like lycra guys are allowed. Registration is OK if DIY-origin is allowed. Otherwise it gets just too snobby, DIY-thing is on the center of this hobby.
 
Excellent articulation of why I would not consider bolting 40 mph motor kits to bikes and selling them.

My advice to folks in the USA, is to read up their state vehicle codes, and get advice to understand them if needed. You may not be limited to having pedals, or 750watts, depending on where you live. It's the state code that matters, not that fed law. Some states law closely mirrors the fed law, others don't.

For example, in my state, you have to have a drivers license to ride an ebike. No kidding, in NM all motorized bikes are mopeds.
 
Ride fast while you still can..
 
I don't see the situation changing a whole lot real soon in the USA. Cops will continue to ignore all vehicles not actually in an accident as much as possible in most places. They have bigger fish to fry. Signs banning ebikes from the trails can continue to be ignored, unless there is some kind of park cop on duty with nothing better to do.

Riding fast will still be possible, even getting the look :shock: from a cop may not mean he actually bothers to stop you, if you aren't riding "fixie style". You know what I mean, watched the movie quicksilver once, then bought a bike.

This discussion started out about selling a hot rod ebike, or as I call them, featherweight motorcycles. As for liablilty, you are just as vulnerable on a legal ebike, if you hurt anybody. It's easy to have happen, I hit a guy wearing all black in the dark, who was walking in the road. Fortunately I just grazed him as I threw myself into the curb, and both of us unhurt. But it happened just that easy.
 
dogman said:
This discussion started out about selling a hot rod ebike, or as I call them, featherweight motorcycles. As for liablilty, you are just as vulnerable on a legal ebike, if you hurt anybody. It's easy to have happen, I hit a guy wearing all black in the dark, who was walking in the road. Fortunately I just grazed him as I threw myself into the curb, and both of us unhurt. But it happened just that easy.

I'm gonna guess that if:

- you are sued (for hitting and harming someone) and you are doing something "illegal" (i.e. riding an unlicensed "moped/motorbike and/or without the proper license permit for the driver), and you have liability insurance,

the insurance company isn't going to cover you.
 
...and don't run while holding scissors. :roll:

steddy eddy said:
5. Wiggle Words - There is a popular idea that if the illegal vehicle has a sticker on it that says "for off road use only" that there is no worry about complying with laws concerning vehicles used on the public roadways.

:lol:

pot calling the kettle black right there.

for 3 years ed benjamin was a VP at Tidalforce where he 'Managed a team of engineers and sales people developing the Tidal Force electric bicycles'.
at the time you could buy the speed de-restricted double the power (45kph 1500W) totally illegal TFX model provided you signed the 'off-road waiver'.
don't know if they were the very first to dream up the idea, but after they started doing it all the joshua goldberg type ebike sellers out there latched onto it & copied the practice.
ed didn't have any problem with wiggle words back then & as manager of the team of sales people he is directly responsible for popularizing the wiggle words.
 
Haven't the major motorcycle manufacturers used those exact same wiggle words for decades, to sell motocross and other off road vehicles? I would hardly call that new.



In their case, the vehicles are clearly sold with off road tires, which may help that some. With a "bike" the water gets muddier, since a "bike" typically requires no license plate or operators permit to use on public roads.

I you are riding an unregistered ultralight motorcycle, homemade or bought ready to ride, I would not expect to be insured for anything that happens. That's why my racetrack bike has been parked for years, now that the Death Races don't happen anymore. No place to ride my 47mph ebike. It's not street legal, and mixing with traffic uninsured is fairly dumb. My health insurance does cover my body for any stupid fool thing I do though. I could owe a car driver a lot if I bounce off an expensive car leaving a big dent. Or worse, if I hit a person on foot, like a mom with her baby carriage who is paying attention to her phone and oblivious.

I have hit one person on foot btw, I lucked out that time. Dude was walking in the bike lane in the dark, wearing all black. I don't ride in the dark anymore, in places with no sidewalk.

My entire fleet of other e bikes complies with NM law, which is pretty simple, 30 mph max speed, have pedals, have a valid drivers license of any kind. I'm a moped. I do sneak the "moped" on to bike trails, but ride safe and polite on bike paths.
 
wrt ebikes it was new.
disk brakes & dual-crown forks isn't anything new either but there was a time when ebikes didn't have them.
if hardware gets ported over from motorbikes to ebikes, so why not a piece of software too.

at the time about 10 years ago nearly all ebikes were beyond compliant, euro spec slow & boring to maximize the limited market potential for worldwide sales by meeting the lowest common denominator requirements.
bottom line, it was ed benjamin who changed all that & broke open the dam with Tidalforce being the first major company to do an end-run around the law by openly selling an illegal ebike indemnified by a wiggle word waiver.
then some crystalyte & Tidalforce dealer (electricrider?) went to kenny cystalyte & said 'build me a big motor like this' which resulted in the X5 series, snowballed from there to where the wheel has come full circle back to reap what he has sown, ed complaining about what he has only himself to blame.
 
where does the guy live with his comment about how everyone obeys the traffic laws? people drive 30mph over the speed limit all the time so why is it not the same when a bike goes 30mph over the stupid legal limit. which has nothing to do with a safe speed. the people who made these laws never had to ride a bike in front of a bus. in fact i bet the guys who made the laws never ride a bike at all.
 
Most people killed on a bicycle are dead because they were slower than traffic.
I consider legal limits are those marked on road signs.
 
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