Any views on this one??

[smailly1]

Saw this in the local paper the other day (Ballarat, Victoria, Australia). Any comments or points of view??

"A Ballarat man has vowed to inform the public of the confusing and seemingly complex power bicycle road rules after he was fined and issued a good behaviour bond for failing to comply.
Neil Chiswell fronted court recently charged with unlicensed driving, unregistered driving and incorrect helmet.
Mr Chiswell was riding a Purie e-bike.
The bike, which looks like a scooter, is powered electrically and has a maximum speed of 25 km/h. Riders can opt to use the pedals or they can use it without pedaling.
Mr Chiswell said he was in the bicycle lane, resting his feet on the pillions when he was pulled over by police.
He admits he was doing the wrong thing.
Mr Chiswell said police told him if he had pedaling his bike would have been classified as a push bike and he would not have been charged.
VicRoads says a motorised bicycle is not classed as a bicycle if the motoroutput exceeds 200 watts or if the motor is the primary source of power. These are then considered motorcycles and the rider will be required to register the vehicle, hold a motorcycle licence and have the vehicle registered.
“As long as I pedal, my bike is fine to ride in the bike lanes, with an Australian approved bicycle helmet and without a licence,” Mr Chiswell said.
A letter addressed to Mr Chiswell from the minister for Roads and Roads Safety Luke Donnellan says power assisted bicycles have two definitions in Victoria.
One is a bicycle with a maximum power output not exceeding 200 watts or a bicycle certified as a Pedalec in European standard with a maximum output not exceeding 250 watts and a power assisted top speed of 25 km/h. Mr Chiswell’s bicycle does not exceed 200 watts.
Power assisted pedal cycles that do not meet these definitions are considered to be non-complying motorcycles and cannot be used on the road network,” Mr Donnellan said."

 

[Samd]

Man I do feel awkard seeing those things around ballarat. 140mm cranks are too short and usually thrown in the back cargo box anyway.
The rider looks like a fox terrier trying to get down off a barstool.

That really isnt ebiking in my book.

 

[Lurkin]

I'm confused. From what I can see, these are 200w with a top speed of 25 km/h.... oh I see. Main source of power to be from the human...

that's revenue gathering if I've ever seen it. Why anyone would want a 200w nasty cheapo scooter is another affair.

"A Ballarat man has vowed to change the law because its currently ridiculous both for road users and traffic enforcement....

Now that's an article I would actually want to read.

Moral of the story - use PAS? :lol:

 

[Samd]

Indeed. I wish him luck. Those Puri clownbikes really are copbait. He'd have more luck on a bike that looks like a bike.

 

[Lurkin]

On that note, either the wattage for a bike classification needs to increase or introduce a moped law to avoid onerous compliance to full blown motorcycle status. The former being the preference, but lets face it, unlikely to happen.

Alternatively, do away with wattage laws and introduce a rudimentary speed limit for bike paths. Uses current enforcement technology and easy/cheap to comply with. But again, nowhere near as popular as just playing stupid wattage limits/complex laws.

 

[Sunder]

It seriously angers me that people like Purie are selling these as "legally compliant", when there are plenty of precedents that they are not.

The NSW and Victoria have identical road rules, but it's the supplementary guides that seem to be better in NSW. This is from a NSW guide:



Some know that they're breaking the law. I saw on one website an FAQ that said "What if I get a fine" A: "Just pay it. It's usually not worth the effort to contest the fine". Except that the fines are around a months pay for most people. They just want to make sure it doesn't go to court, and the defendant said "So and so shop claims that their product is compliant" getting the shop into trouble.

 

[Eskimo]

What is needed is a class between the 250(200)W bikes and mopeds. That"s what we have now here, the 1kw class.
In a 1kw class you need insurance, but not registration or driver"s licence.
Modern mopeds have 3-4kw, there"s a huge power gap between the 250W and 3kw.
That modern scooter would be legal here but it would need e-bike insurance. As an uninsured 250W bike it would be illegal because throttle is not allowed on 250W class.
So yes, this man should pedal, or insure his bike.
This old-world split that everything above 250W is a moped is not gonna live long anymore globally. It"s awfully outdated.

 

[smailly1]

Eskimo, that idea of a 1kw class has real merit.
I'm pretty sure that plenty of commuting e-bike riders like me would pay a reasonable amount for insurance to do our bit.
My bike is a 700c hybrid with a Magic Pie 3 kit on it, 48v 1000w, which I happily substitute for a car most days for my 15km mildly hilly commute.
Saddlebags disguise the rear motor quite nicely and I ride near Police quite frequently- a bit of pedalling helps to create the right image as does not behaving like a hoon in traffic.
Do I feel like an outlaw?
Nup, just a 50 year old bloke watching the roads get busier with cars carrying one person in them and realising I was one of them one day. Not doing the riding for exercise, just thinking it was time for a change to do my little bit.

Plus it's fun.