New Jersey - When is a bike not a bike?

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http://www.pressofatlanticcity.com/...cle_d632c68e-5fe7-11e0-ba2c-001cc4c03286.html
Electric bicycle or moped? Woman caught between Ocean City police, state rules on bikesPosted: Tuesday, April 5, 2011 8:43 pm
By MICHAEL MILLER, Staff Writer

OCEAN CITY - A convicted drunken driver says the city is harassing her over the electric bicycle she rides around town.
4d9bb849f31b8.image.jpg

Denise Baj, 51, said she rode her bike for more than a year without trouble. But when she moved from the city's sparsely populated south end to the north end - a few blocks from the Ninth Street Police Station - she was stopped and ticketed twice last year for driving an unregistered motor vehicle.

"I'm a trendsetter," said Baj, a city resident. "People ride these things all over North Jersey."

The bike - called an XB 700 LI - looks more like a scooter than a traditional mountain bicycle or 10-speed. It has pedals but also uses a lithium battery to provide supplemental power to its rear wheel. The bike goes less than 20 mph.

Under New Jersey Motor Vehicle Commission rules, the kind of bike Baj has apparently does not meet the threshold of having an engine greater than a 1.5-horsepower or attaining a speed in excess of 25 mph, which would require it to be registered as a moped or motorcycle in New Jersey, according to a MVC spokesman.

But Ocean City court officials insist her electric bike should be treated as a moped.

Baj said she satisfied all of her court conditions after she was convicted of drunken driving in Somers Point. But she could not afford the related insurance surcharges, so she looked into alternate forms of transportation.

Baj sustained a back injury in a 1994 car accident. Despite several surgeries, she has limited mobility. Riding a normal bicycle would be very difficult, she said.

So in 2009, she bought an electric bicycle for $1,600. Baj said she researched the legality of electric bikes in New Jersey before making the big purchase. Electric bikes of different makes are sold at several bike shops in Cape May County.

To her delight, the bike worked exactly as advertised, holding a charge for an entire week and allowing her to get around the island and even bring home a bag of groceries.

"I take the back alleys. I don't ride it in the winter," she said. "Usually I take the fare-free transportation shuttle. But this was something I use on the weekend if I needed a prescription."

Baj decided to fight the tickets in Ocean City Municipal Court. In March, Municipal Court Judge Richard A. Russell dismissed the charges over a procedural issue.

But the court case did not resolve the central issue about whether electric bikes such as Baj's should be treated like any other bicycle in Ocean City and the rest of New Jersey. Baj made a motion to have the court recognize the definition of electric bicycles as a type of bicycle under the federal Consumer Product Safety Act.

But to the court's mind, Baj's bike is a moped.

"It had to be registered, insured with a valid driver's license to operate," Municipal Prosecutor Don Charles said. "The judge determined federal consumer product safety law did not supersede New Jersey's motor vehicle laws."

Baj said the court warned her that if she tried to ride her bike again, she would risk having police impound it. And she said she can't afford to pay impound fees.

"This bike is economical, very green. Everyone wants you to go green," she said. "Well, I went green and I'm being persecuted for it."

Charles said the case was the first of its kind in Ocean City over electric bicycles. He said Baj got a fair hearing over the issue.

"Her request has been given a great deal of consideration from the Police Department and the court," he said.

Alternate forms of transportation have been controversial in Ocean City in recent years. The city's Police Department in 2009 urged City Council to outlaw the rentals of golf carts and other low-speed vehicles. But council endorsed the idea and declined to ban them from the island as police had proposed.

"It's a formula for tragedy," police Capt. Steven Ang said.

The only local rules restricting electric bikes are on the Boardwalk, where motorized vehicles of any kind are prohibited, Ang said.

Ang said he expects state regulations to catch up with manufacturing trends if electric bicycles prove popular in southern New Jersey. The same thing happened in the 1970s with the popularity of mopeds, he said.

"When mopeds first came out, everyone rode them and there were no regulations," he said. "Then they decided they needed the regulations to catch up."

Ang said if Baj's electric bicycle indeed does not meet the criteria under the state Motor Vehicle Commission rules for mopeds or motorcycles, police have no cause to force her to have a driver's license, registration or insurance.

"If this is street-legal, we should not be bothering her," he said.

Dealers say electric bikes are gaining in popularity, especially among older riders who have knee problems or other physical limitations.

"The lazy people are the ones in their cars. The people who ride electric bikes are trying to get healthy," said Bert Cebular, founder of NYC Wheels in New York.

His store is seeing a 20 percent annual growth in sales of electric bikes, he said.

Laws over electric bikes vary by state.

Cebular said the industry is dealing with the legal line that differentiates electric bicycles and mopeds or motorcycles, especially in cases where people lose their driver's licenses.

"Sometimes, they're looking to ride a motorcycle without a license," he said. "They want something as close to a car without a license."

On the streets of New York, the biggest threat to the new industry is from couriers who have embraced electric bikes, which enable them to climb hills faster and flout the law with even greater disregard to traffic rules, he said.

"They used to be slow going up hills. Now every time they hit you they're doing 20 mph," he said.

Contact Michael Miller:

609-463-6712

MMiller@pressofac.com
 
Yah. I was surprised to read that Cebular said this... always anecdotes never any facts. How many are being hit and watt are their injuries. How do their injuries compare with folks being hit by couriers driving vans?

LocK
 
By the cops' logic, if the body was shaped like shotgun, you'd be transporting an illegal firearm.
 
New Jersey TITLE 39 MOTOR VEHICLES AND TRAFFIC REGULATION
39:1-1 Words and phrases defined.
"Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface.

"Motor vehicle" includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks and motorized bicycles.
 
Motorized Bicycle does not equal Motor Vehicle.

Its a good thing the decals didn't say "terrorist". I fear we'd have a justifiable shooting on our hands.
 
Man, what's up with the crack down on 2 wheeled transport? 20mph is not dangerous. Even the lowliest of new cars can hit 90-114mph, yet nobody bats an eye at that.

I pray that gas prices go up to the point where electric 2 wheeled transport starts looking legitimate to hardcore cagers.

Our country is designed around driving and we need to work low energy transport into the infrastructure, period..
 
"It had to be registered, insured with a valid driver's license to operate," Municipal Prosecutor Don Charles said.
http://www.town-court.com/getTownCourt.php?courtID=1774
Don Charles is the prosecutor, & he can be reached at (609) 525-9398

http://lawyers.webdesigntops.com/New-Jersey/Ocean-City/Donald-R-Charles-Jr-/
Attorney company
Donald R. Charles, Jr.
Address: Suite 101s 500 Bay Ave
Ocean City, NJ 08226-3979
Phone: (609) 399-2802
Fax: (609) 399-0521
City: Ocean City
State: New Jersey
Attorneys of this company Donald R. Charles Jr.
Areas of Practice for this Attorney company Contracts
http://www.manta.com/c/mm31ltl/donald-r-charles-jr-attorney
Donald R Charles Jr Attorney
500 Bay Avenue # 101
Ocean City, NJ 08226-4816
Atlantic-Cape May, NJ Metro Area

Phone:(609) 399-2802
Website:Information not found
 
Nother case of, busted for what it looks like, despite really lame performance well below moped or other motor vehicle standards by state law.

But on the other hand, God bless America, where low level judges need no legal training whatsoever. You don't like his ruling? No prob, just go spend thousands for lawers and buck it all the way to the top. I've seen guys running for Judge here, and thought, HOLY COW! Imagine that Pauly Shore-like stoner being a judge!

Anyway, it shows what I've been thinking for a long time, It's just really good to be looking sorta like a bike vs looking exactly like a motorcyle or scooter. Falls in the same category as having a toy gun that looks exactly like an UZI. Just generaly a bad idea.

Sadly, just about her only recourse now, is to sell off the scoot, taking a beating on the sale, and get a "bike looking ebike".

THANK GOD I LIVE IN THE WEST!
 
dogman said:
THANK GOD I LIVE IN THE WEST!

NO KIDDING. The eastcoast seems generally anti-eBike. Aren't they banned in New York?
 
Perhaps the negative angle comes from the wording of the definition "...pedal bicycle having a helper motor..."
Pretty hard to describe it as a "pedal bike" or 700W (probably) as only a "helper"

Lock
 
Sorry guys, its a fair cop. One of the clues is how ambiguous the article is. Ebikes are SOL in NJ. I blame the motorcycle dealers' lobby.

http://en.wikipedia.org/wiki/Electric_bicycle_laws#New_Jersey
New Jersey
Under New Jersey law a motorized bicycle is "a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc, the motor is rated at no more than 1.5 brake horsepower, or it is powered by an electric drive motor and the bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface." This would include E-bikes, meaning they must be titled and registered. However, only Mopeds approved by Motor Vehicle Services can be titled and registered.
When last checked, no E-bikes satisfied this requirement, so ebikes cannot be registered in New Jersey.
Motorized tricycles are not legal on public roadways and sidewalks in New Jersey. Likewise, motorized scooters are only permitted for riders with mobility-related disabilities.

http://www.mopedarmy.com/wiki/Moped_Laws:_Northeast#New_Jersey
 
neptronix said:
dogman said:
THANK GOD I LIVE IN THE WEST!

NO KIDDING. The eastcoast seems generally anti-eBike. Aren't they banned in New York?



Were, laws were changed mid last year IIRC It is now legal to ride e-bikes in New York City.

KiM
 
Yah... seen here:
http://www.state.nj.us/mvc/Vehicle/Mopeds.htm
Motorized bikes (mopeds)
A motorized bike (moped) is a pedal bicycle with a helper motor, electric or gas-powered, and is exempt from inspection requirements. For a vehicle to qualify as a moped, it must meet all four of the following conditions:
Be classified as a pedal bicycle
Have a motor with less than 50 CCs
Cannot have more than 1.5 brake horsepower
Maximum speed cannot be greater than 25 MPH on a flat surface

Vehicles without pedals that are less than 50 CCs, cannot be registered as mopeds. They must be registered as motorcycles, regardless of engine size.

To register your moped please visit an MVC Agency with
A Manufacturer's Certificate of Origin (MCO)
Title or registration
If it isn't titled or registered, you need to get a notarized statement from the previous owner, describing the vehicle and sale price
Proof of insurance
All standards required for motorcycle registration must be met.

And motorcycle registration requirements, from here:
http://www.state.nj.us/mvc/Vehicle/Motorcycles.htm
Motorcycles
A motorcycle is any vehicle (including motor bikes, bicycles and tricycles) with attached motors.

All certified motorcycles must be titled and registered in New Jersey and meet the minimum safety standards* as outlined by the National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA).

To title or register your motorcycle, visit an MVC Agency with proof of insurance, title and registration fee payment and one of the following:
Manufacturer's Certificate of Origin (MSO or MCO)
New Jersey or out-of-state title
Registration and a notarized bill-of-sale from the previous owner with vehicle description and sale price (motorcycles from non-titled states only)

If the manufacturer does not appear on the approved list, you must also provide:
A color photo of the NHTSA label
A color photo of the EPA Noise Emissions label**
A color photo of the EPA Exhaust Emissions label**
A color photo of the side of the motorcycle
Proof of insurance and pay the title and registration fee
If your motorcycle manufacturer is not included on the approved list, the dealer must contact MVC to apply for approval to license and register motorcycles in New Jersey .

If your motorcycle doesn't meet the minimum federal safety standards, you must contact the dealer or manufacturer.

NOTE: Dirt bikes can only be used on private property and cannot be titled or registered. Insurance is optional.

If you don't have an MCO or if the motorcycle has never been titled, you must complete the Application for Motorcycle or Moped Title [pdf]

To operate your motorcycle, you must have:
A valid motorcycle license
Approved non-reflective helmet with four inches of reflective tape on each side
Approved goggles or face shield if motorcycle is not equipped with an approved wind screen
Approved protective helmets for all passengers

Motorcycle self-inspection

Effective August 1, 2010, motorcycles are no longer required to submit for an inspection in New Jersey and display registration decals. Registration decals will no longer be issued. Decals may be removed from license plates.

Riders should keep in mind that it is their responsibility to make sure their motorcycles are free from mechanical defects and are operating properly. Law enforcement may still cite a cyclist for equipment out of compliance or failure to make repairs.

Motorcycle owner checklist and protective equipment:

License plate and current registration
Valid insurance card
Valid motorcycle driver license
USDOT approved non-reflective helmet with four inches of reflective tape on each side
Approved goggles or face shield if motorcycle is not equipped with an approved wind screen
Motorcycles should be examined to ensure that every component is working in accordance with the manufacturer's specifications and is not bent, loose, damaged, broken, defective or out of alignment. These components include:
Steering, suspension, and wheel alignment
Handlebar grips that are not higher than your shoulders when you are seated on the motorcycle in normal driving position
Horn
Red rear light and reflector
Stop light
Head light
Rear view mirror
Exhaust system
Tires
Seat, hand holds, and foot rests
Adequate brakes (all motorcycles made after 1974 require brakes on front and rear wheels)
Additional information on motorcycle safety and training is available online.

Wonder who maintains their approved list of manufacturers:
http://www.state.nj.us/mvc/pdf/Vehicles/mc_manufacturers.pdf

Lessee...
Vectrix. Check.
Zero Motorcycles. Check.

Buncha China-mfgrs... Wonder if any are making electrics w/pedals:
Wuxi Futong Motorcycles Co., LTD.
Xiamen Xiashing Motorcycle Co., LTD.
Zhejiang Leike Machine Industry Co., LTD.
Zhejiang Lingyun Motorcycle Co., LTD.
Zhejiang Qianjiang Motorcycle Co., LTD (Agent / Signature by Keeway America, LLC)
Zhejiang Summit Huawin Motorcycle Co., LTD.
Zhejiang Taizhou Wangye Power Co., LTD.
Zhejiang Xingyue Vehicle Co., LTD.

Hard to believe none of the ebike makers have gone through the motions to get NJ approval. Almost nine million folks in NJ today:
The listed manufacturers have obtained National Highway Traffic Safety Administration (NHTSA) certification and have been issued a World Manufacturer’s Identifier (WMI). Also, the motorcycles meet standards promulgated by the Federal Environmental Protection Agency (EPA) for Noise Emissions and Exhaust Emissions. All motorcycles must have permanently affixed NHTSA and EPA (2) labels before New Jersey can issue a title and registration. Fully-electric motorcycles must have one EPA Emissions Exemption label accompanied by the NHTSA label.

Lock
 
http://www.nhtsa.gov/cars/rules/import/FAQ Site/pages/page3.html#Anchor-52644

1. How does NHTSA define a Motorcycle?
NHTSA defines the term “motorcycle,” for the purpose of the statute and regulations it administers, as “a motor vehicle with motive power having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with ground” (49 CFR 571.3).

NHTSA defines the term “motor driven cycle” as a motorcycle with a motor that produces 5-brake horsepower or less. A motor driven cycle is exempted from certain requirements of the FMVSS that apply to motorcycles.

NHTSA does not define the terms “motor scooter,” “moped,” “pocket bike,” “mini-chopper,” “mini-ninja,” or any other terms of this nature that may be used for the purpose of marketing motorcycles and motor driven cycles. Those terms therefore have no relevance to the classification of a vehicle for the purpose of determining which FMVSS would apply to it. Note that States are free to regulate the use of such vehicles and may use their own terms when describing vehicle types for the purpose of their regulations.

and
6. Scooters that are not motor vehicles
The following scooters or scooter-like vehicles are not “motor vehicles” that must be manufactured to comply with all applicable FMVSS and be so certified to be lawfully imported into the United States:

Scooters lacking seats that are operated in a stand-up mode.

Scooters that are incapable of a top speed above 20 mph.

Electric bicycles with operable pedals, and an electric motor of 750 watts or less, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weights 170 pounds, is less than 20 mph.

So, looks like NJ requires a NHTSA label "...complies with all FMVSS standards..." and the NTHSA doesn't get involved with "scooters that are not motor vehicles".

US Feds wash their hands of 750W/sub 20mph and hand all over to the US CPSC, while NJ insists that FMVSS standards still apply?

LocK
 
Exactly, The thing simply resembles a moped too much for that judge to swallow it. He's wrong, but he's also the judge. He's completey able to rule any way he feels like if he's a jackass. So the only thing she can do at this point if she doesn't move, is ,,,,,

A. Hire lawyers and spend a fortune on appeals.

B Keep riding and try to be a martyr in the media

C Get rid of the scoot

D Get revenge if that jackass judge is an elected one

It's clearly a legal ebike if the watts and speed qualify under NJ law. It's a pretty high bar, so I bet it does. It definitely has operable pedals. If she had removed em, like many do, then it would be a different story.

I'm also giving her the benifit of the doubt. She may have also flunked the attitude test real good, both on the street and in the courtroom. There was some vid of a guy in Arizona on a similar scoot. He was well known by the cops, etc etc.
 
the word "bike" can be misleading IMO. Ask anyone who rides a Harley or a crotch-rocket what they call there motorcycle, the answer you will get is "bike" or "street bike". Street bikes can also be confused with a "road bike" or "road bicycle". Now when you hear the word "scooter" theres normally two things people would think of, the first being a little tiny aluminum razor scooter your kids use in the driveway...and then the most common scooter image to most people, would be a 50cc gas or electric 2 wheeled goofy looking vehicle that is used for road commuting for people that want to follow the moped/scooter registration laws of their state. To me she clearly has a "electric scooter" WITH PEDALS.
 
This mirrors exactly what happened in Australia, in (as far as I am aware) the only infringement notice issued to an Ebike to be appealed. A lady was ticketed on exactly the same type of scooter in NSW, and she appealed the ticket and lost. The thrust of the courts decision was that the effect of Australian ebike law is that the motor (in addition to being subject to the 200W limit etc..) has to be supplemental to the pedalling, and not vice versa. I think someone else on ES from NSW said they were pulled over by a cop and lectured, and basically told that the if it is one of those "pedal as an add on" type scooters they will just bust them regardless of the wattage. My understanding is that's why they stopped selling those scooters in legitimate shops here (you still get them privately and on ebay etc..). I never saw the point in those types of scooters, if you are going to have something that gutless, why not have the advantage of also having a pedallable bike.

Do any Aussies on here personally know of anyone being busted for riding an ebike in excess of 200W? I have not even anecdotally heard of it other than the guy on here a few months ago who said he copped a lecture (but no fine) from a cop in NSW.
 
The authorities in this case are 100% correct. -see earlier posts
 
gogo said:
The authorities in this case are 100% correct. -see earlier posts
Local authorities yah, but State legislators gotta get on the case to update their laws and recognize this as safe, low-speed energy-efficient transport that runs on USA electrons...
Lock
 
Lock said:
gogo said:
The authorities in this case are 100% correct. -see earlier posts
Local authorities yah, but State legislators gotta get on the case to update their laws and recognize this as safe, low-speed energy-efficient transport that runs on USA electrons...
Lock

The State legislators are in the pockets of the motorcycle dealers' lobby.
 
Dogman wrote:Exactly, The thing simply resembles a moped too much for that judge to swallow it. He's wrong, but he's also the judge. He's completey able to rule any way he feels like if he's a jackass. So the only thing she can do at this point if she doesn't move, is ,,,,,

A. Hire lawyers and spend a fortune on appeals.

B Keep riding and try to be a martyr in the media

C Get rid of the scoot

D Get revenge if that jackass judge is an elected one

It's clearly a legal ebike if the watts and speed qualify under NJ law. It's a pretty high bar, so I bet it does. It definitely has operable pedals. If she had removed em, like many do, then it would be a different story.

I'm also giving her the benifit of the doubt. She may have also flunked the attitude test real good, both on the street and in the courtroom. There was some vid of a guy in Arizona on a similar scoot. He was well known by the cops, etc etc.

Where the hell is ACLU when you need them? But, seriously this would be a good civil rights case for someone like the ACLU or the Institutes for Justice. In fact, the Institutes for Justice love cases like this. http://www.ij.org/
And Dogman you must have the same jack asses running for judge in Cruces as we do in Tulie. Luckily though the cops don't even look at you when your riding what looks like a stupid bike.
 
gogo said:
The State legislators are in the pockets of the motorcycle dealers' lobby.
Hi gogo... curious who yer talking about... these folks:

http://www.mic.org/
The Motorcycle Industry Council (MIC) is a not-for-profit, national trade association representing manufacturers and distributors of motorcycles, scooters, motorcycle/ATV parts and accessories and members of allied trades, located in Irvine, California.

And in Canada:
http://www.mmic.ca/
Motorcycle & Moped Industry Council

Can't find any info where these folks have stated (publicly) any position about ebikes... No policy or position statements on their sites... Any links ya have?

From the US folks (they seem to pump out a LOT of press releases):
02-18-2010 - MIC Delivers Nearly 4,000 Signed Letters from Industry Professionals to Congress

2-18-2009 - Motorcycle Industry Council and Specialty Vehicle Institute of America Generate Thousands of Letters Against the Ban on Youth ATVs and Motorcycles

When are we gonna have an eBike Industry Council... Would love to know if any ebike importers have applied to these Councils for membership and been turned down...

LocK
 
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