Low-speed electric bicycle law

[myelectricbike]

    15 USC Chap. 47 Sec. 2085                                            01/02/2006

    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 47 - CONSUMER PRODUCT SAFETY

    Sec. 2085. Low-speed electric bicycles

-STATUTE-
    (a) Construction
      Notwithstanding any other provision of law, low-speed electric
    bicycles are consumer products within the meaning of section
    2052(a)(1) of this title 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) Definition
      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) Promulgation of requirements
      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) Preemption
      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) of this section.

    (Pub. L. 92-573, Sec. 38, as added Pub. L. 107-319, Sec. 1, Dec. 4,
    2002, 116 Stat. 2776.)

[OneEye]

As always, it is important to remember this law does not directly contradict your state's motor vehicle code.  If your state chooses, it can regulate low powered electric bicycles as mopeds and require special registration, licencing and insurance.  In California the motor vehicle code categorically defines a low-powered electric bicycle as a "bicycle", however it requires riders of an electic bicycle to be over 16 and wear a bicycle helmet.

[myelectricbike]

Actually OneEye what this law says is that no law enacted by a lesser governmental body, be it State or local government, can define a 2 or 3 wheeled contraption with 1.) functioning pedals, with 2.) an electric motor of less than 750 watts or 1 horsepower, and 3.) that is not able to exceed 20 miles per hour, one level ground with a 170 pound operator, as a motor vehicle.

A lesser governmental body can, however, increase the speed limit, power rating and requirement for functioning pedals such as California has done by increasing the speed limit to 30 miles per hour. The law also provides for changes in the federal law itself to accommodate new knowledge that is gained such as how study the frame, front fork, dropouts and hangers need to be to accommodate a 750 watt motor. Safeguards against corrosion could also be included in the law but not at the lesser government level. This is in part to assure uniformity of the law regarding low-speed electric bicycles within the entire United States.

[mustangman]

  Ok, some adults weigh more than 170 pound , like 200-240 range for males.(and more for me, LOL) so a bike with that setup may only go 15-17 mph a top speed. What about off road motors and california law? A 30mph motor would be nice, even in Canada, they allow "off-road" higher powered bikes. The market is there be yet basically untapped.

[myelectricbike]

Anything of greater power, or higher speed or without pedals may be required to have a license by the State or local government if operated on public property. My City and State government for instance requires a vehicle parked on private property to have a valid tag, if it is not inside a structure, which I think should be against federal law. Keep anything over the federal law on private property and I do not think the State can require you to have a tag, but then it only takes about five or six big guys to beat the heck out of one person, unless you are an expert in martial arts and have friends with lots of guns. 

Unite Motors in China which may be an outsource for Golden makes 60 volt, 2,500 watt motors for electric motorcycles which are defined as motor vehicles and have to be tagged. Unite is capable of making hub motors of even greater power including motors such as the 160 hp motors the Lightning will use.

[OneEye]

I am not a lawyer... that being said:

I have read reports about e-bike legal hassles on other forums.  From their experience (including court appearances) the law quoted does not preempt state vehicle codes, but preempts safety equipment regulations.

For instance, the vehicle code can still require registration, licensing and insurance for an e-bicycle, categorizing it as a motorized bicycle (moped).  The state law cannot require an e-bicycle be fitted with turn signals, lights (except for night operation), or functioning horn.

This interpretation may be completely wrong, but that is the user experience I have heard.

Some states have incorporated an e-bike exemption/equivalence into their vehicle codes, usually following the 750W/20mph limits outlined in the federal law.  Some states still insist the e-bikes are not bicycles and require special registration and licensing.  I believe Michigan is one such state (http://www.michigan.gov/documents/msp/TSS_Field_Update_26_180953_7.pdf).

If in doubt, check out your state's vehicle code, the FAQ's from the state's Motor Vehicle Department, or consult with a traffic lawyer.  Otherwise, keep the bike stealthy, and don't do stupid stuff that will draw the attention of the local traffic enforcement folks.  Most of the time you will be fine.  If nothing else, keep a copy of the quoted legislation with you.  If some cop decides to cite you as being in violation of the state's vehicle code you can politely discuss with him the implications of the law and suggest he needs to do further research before handing you a citation.

Fortunately, I live in California, where they have adopted e-bike legislation into the vehicle code that is even more generous than the regulation you quoted.  According to the California Vehicle Code, anything with less than 1000W / 30mph is a "bicycle" and must be regarded as such.  The only exception is a minimum rider age of 16 and a bicycle helmet mandate that applies to all riders, not just minors.

[myelectricbike]

Actually the law specifically defines a low-speed electric bike as a consumer good which can not be licensed as a motor vehicle. Why would the federal government do such a thing? Well believe it or not the federal government is your friend. It also allows Golden and other offshore suppliers to send you ebike parts under the description of "parts for electrified wheelchair" so there is no tariff or delay or other unnecessary nightmare.

The stuff you hear to the contrary on forums is bunk so do not be scared by it. States can not define a consumer product which has been so defined by federal law as a motor vehicle without violating federal law. Some states may try to violate federal law and when they do the federal government tends to hold it against them later on down the track since the State will more than likely at some point be seeking help from the federal government which the federal government may choose not to give. Ya just don't mess with the big guys even though you may have the authority to throw the electric chair switch inside your State. The big guys can simply sit on you and squish you to death. 

[OneEye]

Yup, one of the most effective methods the federal government has to force states to change their legislation to meet certain criteria is to place a deadline for compliance and then cut off federal highway funding if the state does not comply.

For more opinions on the legal status of e-bicycles for on-road use, head over to http://en.wikipedia.org/wiki/Electric_bicycle_laws#United_States.  Obviously the article has been compiled by a bunch of non-lawyers trying to impress each other, but it makes for an interesting read.  Of those suggesting caution in e-biking where state law has not changed to reflect the intent of Pub. L. 107-319, they mention the initial traffic court ruling will usually follow the state vehicle code as it is written.  An appeal is then necessary to attempt to assert the supremacy of federal law over the particulars of your case.

I'll bow out of the conversation now.  California law already includes an e-bike/bicycle equivalence so the outcome of legal discrepancies has little practical effect on my life.

-Mike

[myelectricbike]

Well you have to understand that at the local level and the level of the State the law is a trade secret and the legal system is a business owned and operated by the legal profession so promoting confussion results in putting more money in the pocket. If you have a 30 MPH and a 1,000 watt limit in Californ-i-a then most likely you also have a bunch of lawyers (or their daughters) riding ebikes there as well.

[Dalecv]

I have read a report of a fellow in front of a judge where the police have used improper methods for determining speed and have the judge side with the police and convicted him of speeding. It took more than one appeal for the fellow to get to a court and a judge to finally read the law and rule in his favor. He spent a lot of money to prove his point.

Oregon has put the following out for infromation;

http://www.beavton.k12.or.us/pdf/public_safety_BikeLaws.pdf

[myelectricbike]

Way cool!!! I have been looking for a State where they had the gonads to dichotomize the law. I have a program all ready to optimize the table so that like the goal of 20 Questions the least number of queries have to be made to get the final result. Maybe I can start with Oregon law using this table. Hey DaleCV got any more?

[mustangman]

Fortunately, I live in California, where they have adopted e-bike legislation into the vehicle code that is even more generous than the regulation you quoted.  According to the California Vehicle Code, anything with less than 1000W / 30mph is a "bicycle" and must be regarded as such.  The only exception is a minimum rider age of 16 and a bicycle helmet mandate that applies to all riders, not just minors.

  .... and that is why I want a 48 volt 1000 watt monster that is legal here in the big "golden state" that will go 30mph(or slighty more when the "man" is no looking.

[Mel in HI]

This thread had me actually looking up the laws in Hawaii...  I guess Hawaii is one of the lame *** states that characterize the electric bike as a moped and require a drivers license.  Too bad, I know of one disabled person who will really lose out because of it.  I hate this state, it's time to move.

[mustangman]

NO, Its time to mobilize people like yourself to change the law. You can contact environmental groups, fellow bicyclist and disabled groups to lobby your legislature to change the stupid law. HI has one of the worst urban traffic messes(honilulu area) and ebikes could change that and promote bicycle tourism. 

[myelectricbike]

Yeah, humm... I think I see a business opportunity here... Mel in HI, where now actually do you live in HI and how much room do you have for a guest from the Eastern 48? Hey, if its really that bad then we can trade places and you can move to Florida where the law has its hands full chasing enclosed forms of transportion filled with illegals, crack and pot.