How Do States Treat eBikes?

jkbrigman

jkbrigman

10 kW
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North Carolina, Southeast US
Thought I would post the question to E-S and invite members to chime in with citations of the law in the various states.

In NC, the closest we've come to regulating ebikes is a proposal to regulate "Mopeds":

The (in)famous NC Legislature, making it's mark on history passing some of the most draconian bills we've ever had in NC, is now considering this bill to require a driver's license, registration, tag and insurance on "mopeds":

http://www.ncga.state.nc.us/Applications/BillLookUp/LoadBillDocument.aspx?SessionCode=2013&DocNum=87&SeqNum=0

They are also specifically outlawing any passengers on mopeds.

So far as I can tell, no mention of ebikes in this bill.
 
The fingers said:
Here's a helpful page to compare various regs.
http://en.m.wikipedia.org/wiki/Electric_bicycle_laws
Click to expand...
The information posted here is 2 1/2 years out of date for my state and is substantially more restrictive than contemporary statutes. For authoritative information I would recommend searching the posted statutes on government sites for states of interest.
 
In Hawaii they are technically illegal (no matter what the wattage or speed capabilities). See HRS section 291 for the Hawaii state equivalent to the federal law HR 727 (although the wording of the Federal Law supersedes applicable State laws in Hawaii (and all other states).

See also 15 U.S.C. 2051 et seq for the Consumer Product Safety Act as follows:

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 twoor
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 lowspeed
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).


Note section "d", this is why quoting the Federal HR 727 in state court is effective...
 
3wheels1life said:
Just wanted to share this bit about the law in Idaho.

I looked at the Idaho Code, and there is nothing about the electric bicycle.
I assume federal electric bike law applies..but there's this document http://itd.idaho.gov/dmv/vehicleservices/documents/IDChart23WV.pdf on the Idaho DMV website which seems to indicate they might be considered Mopeds or Motorbikes...anyone else know?

Just my 2 cents.

-3wheels1life
Click to expand...
Actually - it looks somewhat worse than that - it appears that in Idaho, ebikes cannot be driven on the road.

After a bit of Googling, the statutes are pretty clear about vehicle classifications and ebikes aren't in there. They define a moped as a subclass of motor-driven cycle which is a subclass of motorcycle which is a subclass of motor vehicle. All MV must comply with federal safety standards so ebikes can't be mopeds.

It would at first seem that the only way to escape this is to rely on the HR 727 classification to avoid being a motor vehicle (and hence being required to comply with Federal Safety Standards) - but - Idaho law does not appear to make provision for operating anything other than a motor vehicle, bicycle, or other human-powered vehicle on the road, so by complying with the ebike section of HR 727 (20mph, 750W, etc) to avoid classification as a MV, the ebike cannot be driven on the road (Catch 22). The Idaho statutes seem to be written to explicitly require compliance with the federal safety standards as a requirement for vehicles - circumventing any interpretation of exclusion (e.g. by HR 727 for ebikes).

The vehicle identification flowchart that you found from the Idaho Transportation Dept appears to support this - if the vehicle doesn't comply with federal safety standards, then it can only be operated on private property -- exactly the same situation as with an ATV, go-cart, etc.

It might at first seem to simply be an antiquated set of laws, but it appears that a section has been added to specifically classify electric scooters with no pedals and that comply with federal safety standards to be 'mopeds'.

Bummer.
 
Three wheels, you are not correct. The fed law regulates only the definition of an ebike, for the purpose of selling them.

The only good source for information in your state, is the official up to date, state motor vehicle codes. Others are summaries, compilations, etc.

Idaho is likely much like New Mexico. In NM there is no such thing as an electric bike. We are ALL mopeds, and subject to that regulation. Fortunately they are very vague and do not require crap like registration.

As a result, I get to go 30 mph, and there is NO watt limit. Only a limit of 50cc, which I feel means "up to 5hp". Though I've seen 50cc stuff with lots more hp. :twisted:

In Idaho, I bet if you just don't ride like a jerk, you can do whatever you want up to the speed where everybody looks at you like this. :shock:
 
Out of curiosity I went back to the Idaho statutes and had pretty much figured out how to get an ebike registered with a restricted plate, but things seemed to conflict with the Transportation Dept info - so, I called a few Idaho departments:

  • Transportation Department. They said they get the question about registering motorized bicycles all the time and since the bike has a serial number and had no motor when manufactured, they don't register them.
  • Valley County Sheriff Dept They said that there was no problem riding an electric bike on county roads (differing from state highways). It seems that in their view, if it's not a motorbike, moped, or motor-driven cycle, then those laws don't apply so - it's a bike...
  • Idaho State Police Their view was the same for state roads - it's a bike and doesn't have a gas engine (which is regulated) so no issue. They indicated that since it can't be registered, it can't be cited as an unregistered vehicle (even in case of an accident or other mishap).
  • Parks and Recreation Dept They would like it registered as a Specialty Off-Highway (SOH) vehicle. Since it has a motor and isn't an ATV, UTV, or motorbike, it falls in the SOH catch-all category on their land. You use the bike serial number and the 'SOH' classification. It's just a sticker. Then the trails and roads in parks are open to you.
So - very very strange situation - it appears that the IC guys are having a much tougher time of it in Idaho since there are specific regulations -- but no one is particularly concerned about electrics because there are no applicable laws.... and couple of bucks at Parks&Rec will keep you hassle-free off-road. Of course, this was a telephone survey with no written statutues behind it and these were troopers and sheriff's deputies, etc. with a non-attorney interpretation of the situation -- but there seems to be a common thread here...
 
Georgia's laws seem to be written by someone that doesn't want to 'lose the race' to anyone else.
Georgia Code 40-1-1 Part 15.5 (15.5) 'Electric assisted bicycle' means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor. For such a device to be considered an electric assisted bicycle, it shall meet the requirements of the Federal Motor Vehicle Safety Standards, as set forth in 49 C.F.R. Section 571, et seq., and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied. The electric motor in an electric assisted bicycle shall:

(A) Have a power output of not more than 1,000 watts;

(B) Be incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and

(C) Be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than 20 miles per hour.
Click to expand...

In Iowa, the law allows you to use 1HP at speeds over 20MPH as long as you're pedaling.
"Bicycle" means either of the following: (1) A device having two wheels and having at least one saddle or seat for the use of a rider which is propelled by human power. (2) A device having two or three wheels with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than 20 miles per hour.
Click to expand...

The city of Des Moines has proposed a change to their code to do away with the silly 'faux pedaling' requirement and let you have four wheels. This whole document reeks of common sense:
https://www.dmgov.org/Government/CityCouncil/WorkshopDocuments/022811MACModelBicycleOrdinance.pdf

It would be great if you could use a multi-class vehicle to get to the trailhead safely, and then use only the allowed 1HP of electric while on them. A hybrid moped would fit this bill nicely.
 
I highly recommend that people wishing to post to this thread *instead* add their information here:
http://www.endless-sphere.com/w/index.php/Definitions_(legal)_of_an_Electric_Bicycle
where it will not slowly be buried and lost over time in the forums, as the various other threads we've discussed this in over the years have been. ;)
 
amberwolf said:
I highly recommend that people wishing to post to this thread *instead* add their information here:
http://www.endless-sphere.com/w/index.php/Definitions_(legal)_of_an_Electric_Bicycle
where it will not slowly be buried and lost over time in the forums, as the various other threads we've discussed this in over the years have been. ;)
Click to expand...

Yay Amberwolf! thank you for the suggestion - can the whole thread be moved there? (and then this msg. deleted if you wish...)
 
No, it can't be "moved" there, but any member can edit that wiki page to include relevant info. So if you like you can simply copy/paste what you like from this thread to it. ;)
 
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