E-bike law - Ann Arbor, Michigan

[ururk]

So, since all my ebike parts arrived, I'm in process of putting it together. However, I decided to look into what the laws and regulations on ebikes were in MI. So as to not rehash *everything* that is posted on the various forums, I'm kind of only interested in what MI regulates, and am not comparing MI to other states. The federal law - as I understand it both from forum posts and the PDF linked to below - allows manufacturers to make and sell ebikes as consumer products, but doesn't limit what regulations states can impose on the riders of said ebikes. Correct?

My searching led me to this PDF:

http://www.michigan.gov/documents/msp/TSS_Field_Update_26_180953_7.pdf

Electric Bicycles

A bicycle equipped with either an electric or gasoline motor meets both the definition of Motor Vehicle, MCL 257.33, and Moped, MCL 257.32b, and is subject to state laws and local ordinances applicable to motor vehicles rather than those governing the use of bicycles. Some retailers and operators of electric bicycles are under the misconception that a federal law exempts these vehicles from applicable motor vehicle laws. They will cite Public Law 107-319, which makes low speed electric bicycles consumer products rather than motor vehicles solely for the purpose of manufacturing requirements and safety standards.

Contrary to the misconception of these retailers and operators, Public Law 107-319 has no effect on state laws or local ordinances governing the use of vehicles on public streets and highways. The federal law is very clear on this distinction. At least one manufacturer of these vehicles provides the correct information to the public. As always, common sense and good judgement should be used when taking enforcement action.

Which cites:

257.33 “Motor vehicle” defined.
Sec. 33.

“Motor vehicle” means every vehicle that is self-propelled, but for purposes of chapter 4 of this act motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act. Motor vehicle does not include an electric personal assistive mobility device.

and

257.32b “Moped” defined.
Sec. 32b.

“Moped” means a 2- or 3-wheeled vehicle which is equipped with a motor that does not exceed 50 cubic centimeters piston displacement, produces 2.0 brake horsepower or less, and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface. The power drive system shall not require the operator to shift gears.

**my concern** is who to call to clarify. I guess it isn't a big deal to pay the 3-year registration fee, but would prefer not to if I don't have too. Do I call the local police dept? The local SOS?

The greater question (since I've never used a moped), what are the disadvantages of getting the moped tag? Reading this little bit o'legislation:

257.660

(6) A moped or low-speed vehicle shall not be operated on a sidewalk constructed for the use of pedestrians.

(7) A low-speed vehicle shall be operated at a speed of not to exceed 25 miles per hour and shall not be operated on a highway or street with a speed limit of more than 35 miles per hour except for the purpose of crossing that highway or street. The state transportation department may prohibit the operation of a low-speed vehicle on any highway or street under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.

Seems to indicate if it is classified as a moped, I cannot ride (in the shoulder where regular bikes go) down a road where the speed limit is 45, nor on the sidewalk if the drivers are unruly (and in some places, like up a bridge, wide sidewalks have been created as if to encourage biking).

Which brings up this lovely law:

750.419

A person who operates or rides a motorcycle, moped, or other motor vehicle, excepting motorized wheelchairs upon a bicycle path or a sidewalk regularly laid out and constructed for the use of pedestrians, not including a crosswalk or driveway, is guilty of a misdemeanor.

I'm not planning on riding on the sidewalk, but there may be times where this is required (ie, up a bridge where the drivers routinely go 40, whereas the speed limit is 30).

Any thoughts would be appreciated.

 

[recumpence]

I know you want to restrict your discussion to MI law. However, I feel it is good to explain what was told to me by our local police dept------------

"Though your e-bike design appears to be in compliance with all laws (it really isn't, but I did not want her to know that), you are fine. However, my advice is to make sure the bike is not obviously electric driven (hide components if possible) and when approaching people, pedal and shut the motor off so not to draw attention to yourself."

She went on to say that individual officers may not take very kindly to my bike, even though it is legal. So, better to not draw attention to yourself if at all possible.

I hope that helps.

Matt

 

[ururk]

I know you want to restrict your discussion to MI law. However, I feel it is good to explain what was told to me by our local police dept------------

No need to restrict it per-se... as your comment is very helpful. However, I was hoping to have a targeted discussion that didn't wander as threads are likely to do

So, did you call them, or stop by? I'm doing the build over the weekend, and will hopefully have it running by Monday... I have all the bits I need.

 

[andys]

I'm glad Mr. Currie (the founder of Currie electric bikes and scooters) helped write the e-bike and scooter laws here in California. As long as you keep the speed sensible, they are treated as bicycles. That makes the most sense, and encourages green transport instead of trying to kill it like many other states. I think the insurance lobby is involved in these laws that try to make ebikes illegal, as well as the people who collect registration fees. Someone told me there was also an issue with people who lost their license due to a DUI riding electric bikes and scooters legally without a license, and I guess that made some people unhappy.

The only exception I have found here is they are not allowed in Regional parks on any of the trails, even if mountain bikes are allowed. Of course, I have ridden my stealthy looking electric mountain bike right by rangers and they waved at me. They did stop me on my electric scooter though when I tried it in the park one day. The ranger wasn't sure what to do, because it was obviously a "motorized vehicle" but it wasn't making any noise, or bothering anyone. he told me I turn around and should ride it out of the Park. I found out the park officials are looking into what to do about low speed electric vehicles. the Segway guys go in the parks all the time, and aren't really supposed to be in there either. For now, if you can show proof you are handicapped,(letter from dmv) only then will they will let you ride electric scooters in the park.

 

[TylerDurden]

As bike-friendly as A2 is, the laws are not friendly to ebikes . You can get a moped reg at the SOS, but I'd personally keep the ebike as stealthy as possible and continue to use the bike lanes and paths (where mopeds are not allowed)

 

[dogman dan]

I'm a bit like you legaly in NM. I guess I'm a moped as near as I can understand the current codes here, and banned from bike paths. So I keep the speed down when on one, and peadle like hell to look normal. On bike lanes, I just stay under the speed limit.

 

[ururk]

So I emailed the local government, and this was their response:

All motorized bicycles are currently illegal to operate on the sidewalk and on the street. The only exception is if you register the bicycle as a motorized vehicle (moped) and register it with the Secretary of State. Then you could ride it on the street. Hope this information is of help.

Which I sort of knew, but didn't really want to ask.

 

[Drunkskunk]

I've found it maters greatly not so much what you ask, but how you phrase the question.
Did you ask them about the legality of bikes with electric motors?
or did you phrase the question more like
"What is the state's offical standing on electricaly assited Bicycles?" and then go on in the letter to define the bike as:
"A standard bicycle, primarily human powered with part time electrical assist, not to excede the U.S.Gov guidelines of 750 watts and 20mph"

I think you might have gotten a diffrent response.

 

[ururk]

My email:

Hi,

I was wondering if electric bicycles are regulated as mopeds - or if they are treated as bicycles. I'm referring to electric bikes that need pedal assist, and not completely self-powered bikes.

Thanks

 

[dogman dan]

So get the plate, and ride on the street, and hide the plate when on the bike path, and of course peadle like hell when the cop drives by. Unless the cops get to know you you should be ok as long as you ride politely and not faster than regular bikes. Chances are, you will get more slack from the police if you are not riding some loud smoking gas assisted bike. Where my state is legaly, I'm counting on stealth.

 

[ururk]

So get the plate, and ride on the street, and hide the plate when on the bike path, and of course peadle like hell when the cop drives by. Unless the cops get to know you you should be ok as long as you ride politely and not faster than regular bikes. Chances are, you will get more slack from the police if you are not riding some loud smoking gas assisted bike. Where my state is legaly, I'm counting on stealth.

By bike path, do you mean "dirt bike path" or paved bike path... or both?

 

[dogman dan]

In my town we have bike lane, which is an actually designated wider shoulder on some streets, and a 15 mile bike path, which is a long skinny park on the highway frontage that has a paved walking, jogging, biking path about 8 feet wide. As a moped, I'm illegal on this path I think, but nothing is posted except no motor vehicles. My bike can go 25mph at 36v, so I think legaly it's a moped. That makes me a motor vehicle but in my state, you don't need to register mopeds, just have any valid drivers licence. So on the bike path, I try to look like a 20mph ebike, which is not a motor vehicle unless the state makes some new laws on it. In a way , my state has it perfect, since the fed law is all there is if you are under 20 mph, and if you are between 20 and 30 mph, the moped law is very minimal, so a funky mountain chen vin number is not a problem here.