sk8norcal
1 MW
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):
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.