Is it legal to ban electric bikes??

[Jay64]

Is it legal to outright ban electric bikes from a bicycle path? I was under the impression that, in the US, any ebike that had pedal assist, did not exceed 20 mph, and was less then 750w could go anywhere that a regular bicycle could go. I thought that was a national law? I was just reading that the local bike trail around me out right bans any and all ebikes.

 

[icecube57]

I have a path by my house that bans motorized vehicles but the state/federal law excludes ebikes from the category of motorized vehicle therefore I can ride on the trail. Federal law superceeds local legislation. I keep a copy with my just incase someone wants to bust my chops about it.

 

[Jay64]

At the trail it has signs posted saying that no motorized vehicles allowed, so I just took it as ebikes being exempt from that and went ahead and rode on it. But then I was looking at the website for the trail to see how far it went and it specifically states that electric bicycles are not allowed on the trail. :?

 

[BIG BEAM]

Local government can do WHATEVER they want as long as the law is MORE restrictive than the federal law.

Anyway it's up to the local Judge and you know who signs their check.

I'VE BEEN ON THE VILLAGE BOARD TOOOOO LONG!
DON

 

[dumbass]

At the trail it has signs posted saying that no motorized vehicles allowed, so I just took it as ebikes being exempt from that and went ahead and rode on it. But then I was looking at the website for the trail to see how far it went and it specifically states that electric bicycles are not allowed on the trail. :?

In all likelyness those signs were there long before ebikes were in use. While there is a loose fed regulation each state has it's own that use the fed reg as a guideline. In most states legal ebikes have the same rights as a non-ebike. Therefore, I totally ignoe those NO MOTORIZED VEHICALE signs on my local trails. Some of my trails even have bike cops or cops on 4 wheelers and I have spoken to many of them and they have never questioned my ebike.

 

[TylerDurden]

Is it legal to outright ban electric bikes from a bicycle path? I was under the impression that, in the US, any ebike that had pedal assist, did not exceed 20 mph, and was less then 750w could go anywhere that a regular bicycle could go. I thought that was a national law? I was just reading that the local bike trail around me out right bans any and all ebikes.

Federal Regs are only concerned with sales.

Roadways, parks, etc. are controlled at the state & local level.

 

[LI-ghtcycle]

Ouch! That sucks, well, I guess your other option is to volt-up and go the same speed as traffic, but I imagine if you find enough other people who use E-Bikes in your area, maybe you can lobby the city council or state to change that ordnance.

I'm always afraid this will happen, and I hope that it's not because some are abusing the paths with very over-powered E-Bikes on such paths and making a nuisance of themselves, and giving the rest of us a bad name.

Either way, if you approach people with the right attitude and use your E-Bike courteously, I can't imagine it being a big problem for you.

We have signs on our paths here in Oregon that prohibit motorized vehicles, but the law expressively exempts E-Bikes from this restriction, I really hope that it stays that way.

The federal listing is a guideline for the states and has a minimum requirement I believe, but local State, County and City governments all have the right to further restrict or ban as they so choose.

Just PRAY they don't start classifying us as "Mopeds" if your laws are anything like the moped laws in Oregon, it will be all KINDS of stupid, for example, a moped in Oregon CANNOT be ridden on a street with a speed limit higher than 25 MPH, and at the same time it CANNOT be used as a bicycle, so unless you live in Downtown Portland or on the grounds of a gated/senior community, it's really no good at all.

 

[dogman dan]

Local govt can ban anything they want. Ask any skateboarder. It's called democracy. They could ban wearing green, or open toed shoes, or like in some places thong swimsuits. Local state county and city laws apply to operating all motor and non motor vehiclies on publilc streets and highways. So they could ban all bikes, or any kind of bike they like. Such as no trikes, or whatever. Or they could post a speed limit of 5 mph.

But they can't prevent selling a federal legal ebike as a bicycle. Your problem if they guy is selling em in a place they are banned. It is hoped though, that many local govt's will take the fed ebike law as a guide when they make the local laws.

In NM I'm a moped. two rules, 25 mph and a valid drivers licence. That's it. But I tell people about the fed law, and they don't know better so they buy it. Cops are too busy to care about either ebikes or mopeds unless you're bleeding after your crash. So here it's not a problem, provided my bike does have a top speed of 20 mph.

 

[BIG BEAM]

I think we are a small enough segment to, at this point be ignored.I think if we all keep our cool we will remain under the radar.But it only takes 1 stinker for the local government to overregulate.And believe me someone is out there just waiting to point a finger at us.Prolly wearing spandex.And after all we're having fun and that is intolerable in the USA now.
DON

 

[BIG BEAM]

Thong swimsuits?

Well ok no one would want to see me in a thong with my belly hanging over my...well never mind.

I need to pedal more!
DON

 

[AussieJester]

I kow in Australia its a clear cut case written in the law, you can ride an ebike on the bike path no probs provided you dont use the motor LoL Thankfully topless bathing and thongs are allowed on all beaches (in West OZ anywayz...)

KiM

 

[LI-ghtcycle]

Will there be an "Outlaw E-Biker Gang" chapter being started soon? :lol: :lol: :lol:

We will all have to start wearing our "colors" (NO pocket protectors please! ) maybe have patches on our jackets that look like coils of wire or something instead of "rockers" like the Harley Biker gangs wear!

If we really get some coverage we can end up on "Gangland" on the History Channel!!! :lol: :lol: :lol:

 

[dogman dan]

Guess the thong ban reference dates me. Didn't they used to bust people in some of the florida beach towns for riding around town in thongs on the back of a motorcycle? I'll never forget my first visit to Venice beach CA. Rollerblading godesses in thongs . Oh yeah, I could skate for hours and hours there.

Many places in the US do allow an ebike on a bike trail, provided it meets that 20 mph limit etc. The signs on the local blm trails say no motor vehicles. So my bike, meeting the fed definition is not a motor vehicle. I have only heard of a few places ebikes are actually banned. Places where everything is banned, like a national park or very crowded beach, or some city park sidewalks.

In my town there is a bike trail system. No signs yet on the city part of it. But on NMSU campus, it says no motorized vehicles. And the campus cops are serious about it. So no ebikes, standup scooters, motorized skateboards, nada. My commute avoids the campus to avoid the traffic.

 

[Lessss]

Is it legal to ban electric bikes??

Shut up SLAVE!!! How DARE YOU question your lords and masters?

Gee remember the concept of laws needing to have a justification?

 

[Harold in CR]

Don't know anything about "Trails". However, I would approach this from a whole nother direction.

All these "Scenic Trails" are built and maintained with taxpayer funds. In Jay's case, why not try to upgrade a trike for Seniors. Find an adventurous outdoorsey type, Senior Woman, and educate her about these trails, and how MOST Seniors are missing out on seeing Florida in a natural setting. Then, help her get an etrike running. Then, promote the idea to all the Senior Centers, where the folks just sit around and slowly wilt into corpses.

Get this crowd excited to where they CAN see Florida, and soon, City hall will be INUNDATED with people demanding that the ebike rules be changed. Hit Town Hall with Discrimination charges against Senior Taxpayers and aging, slightly disabled and younger disabled CITIZENS.

Yeah, I know, West side of Florida is being taken over by the BIG Money people, same as the East Side. Inland is where all the Slave Labor exists.

Might be some crowded trails for a while, but, getting (stupid) rules changed is what life is all about

I once beat the Fed Govt., using THEIR rules and laws against them. Was a hollow victory, BUT, payed off well as time went by. AS the guy on TV says, YOO KIN DOOO EET.

 

[jdcburg]

I'm not a politician or public safety official, but I can see some justification for banning a motorized vehicle capable of going upwards of 40 mph from a narrow pathway that can be overcrowded with joggers, rollerbladers and families with children, pets and strollers. For those reasons, many of the lycras avoid our local rail-trail even tho technically they are allowed. I've ridden it on an unpowered bike and find it can even be dangerous during slow periods because families spread out across the whole path.

The snowmobilers made a big stink about the motorized vehicle ban because it is used less in winter but the rules stand and they are enforced. The nice thing is that the roads around here are not that crowded and most have decent shoulders/breakdown lanes. With epower for the hills, bike commuting is practical much of the time - jd

 

[Jay64]

To clarify, this is not a small little "trail" going through the woods. This is a very large "bike trail" that is about as wide as a street lane, some places wider, and is about 35 miles long. Pinellas bike trail
I always thought federal government superseded local government. I guess the laws that I am used to seeing this apply to happen to be more strict at the gederal level then the local level, which would explain that.
Another problem that I am seeing with this trail, is that they ban use during non-daylight hours. That seems totally rediculous to me, and the only reasoning I can think of is that there are some stretches of it that are not in populated areas, so someone using it might be in danger of getting attacked by some unseedy types. I never have fear of that, and I think they shouldn't place a law against honest people, to protect them from unhonest people. That is like passing a law saying that you can't go to the southside at night time. And if they let us use ebikes on the trail at night, even less chance of being attacked by unseedy types. :lol: The problem for me with that is that half the time I have to be at work at 5:30am, so my commute in is dark, and the other half of the time I have to work till 11:00pm, so my commute home is dark. But I really would like to use the trail because right above my house the trail cuts diagonally across town in an area that roads can't go, so it actually cuts part of my commute length quite drastically. And supposedly they do have people policing the trail with golf carts or something.
I am planning on building an electric trike and trying to get some senior citizens on it. But that is a whole different story. I have an aunt that needs to get more excercise, doesn't ride a two wheeler too well, and has a hard time peddaling right now, so I figure an ebike can ease her into it. But maybe I can use that to my advantage as well with this law. They sure do create an uproar around here when they feel they are being descriminated against.
The main reason that I want to use the trail is that the sidewalks around here are atrocious. Huge bumps etc. And the streets are filled with....well, a bunch of senior citizens that can't see too well and think they have the right to do what ever they want. :lol:

 

[Jay64]

I suppose I could just use my ebike on the street to work, and if I ever get hit by a car, I can sue the hell out of the govt for not allowing me access to a safe trail to ride on. :lol: :lol:

 

[veloman]

Just don't go hauling ass down the bike path at 25mph+ on your ebike. If you do, you're guaranteed to ruin it for the rest of us. I can't even do that kind of my speed on my pedal bike without getting yelled at.

The 25mph vehicle has no place, according to our infrastructure, yet it is the best balance of speed and efficiency. Can't do 25 on the roads, cars hate ya, can't do it on bike paths for obvious reasons.

 

[dogman dan]

After two years, I finally have the walkers on my bike path trained to walk to one side or the other. Two years ago bikes rode the street adjacent to the trail. Now they ride a lot on the path. Because I took the time to stop and chat with the walkers, one by one for years. My path is not crowded at all, but nevertheless, the dang walkers with the baby strollers were owning it.

I've rode narrow crowded paths elsewhere. and it can work well when the rules, whatever they are, are mostly obeyed. In Albquerque the bike trail is devilshly narrow. But tons of people ride happily because the stay right and warn when you pass rule is obeyed by all. In San Diego, on the very very very crowded Pacific Beach nobody tries to skate or bike faster than 5 mph, and it works fine. Once past all the bars, you can ride as fast as you want.

But in your case, at pinellas, you are pretty much screwed. About all I could think of that you could do is get a lame Izip or other undisputablly under the federal limits ebike and go out and start getting arrested or ticketed. And then go fight it out in court, trying the case in the media of course. Pretty big sacrifice, but somebody has to walk in, sit down, and start a movement, Arlo Guthrie style. That might work with a city govt. But moving state park or national park regulations is a LOT harder.

Do you have a good local TV news station? Here one channel is outstanding, and love to do "how come this stupid thing is being done by the govt?" stories. Maybe you could write a few good well thought out letters to the editors of local papers, get the ball rolling, and then take it to the TV. Along the way, write the usual letters to the county govt too. No electric bikes when there is a posted speed limit is really really stupid. Who cares how you get to the speed limit? An ebike is not a device with no brakes like an electric skateboard.

 

[TylerDurden]

Here one channel is outstanding, and love to do "how come this stupid thing is being done by the govt?" stories. Maybe you could write a few good well thought out letters to the editors of local papers, get the ball rolling, and then take it to the TV.

If you can find some youtube clips of that stuff, people could use them to prod their local stations to do similar stories. (TV news is a big monkey-see-monkey-do industry.)

 

[jag]

In general the interactions between local, state and federal law are not so clear cut as one would hope. The current Federal eBike product legislation is weak. The federal government could probably produce stronger legislation for ebikes, making it unattractive or impossible for state and local levels to adopt eBike unfriendly laws.

In general my google searches turned up that federal law overrides state and local laws in areas where the federal government has jurisdiction. A separate issue is enforcement. Most common google result on this is describing how federal law disallows marijuana in general, while some states have adopted laws allowing medical use of marijuana. In principle fedearal law would override the state law, but in practice enforcement is often left to state and local authorities, who are not mandated to enforce federal law. (The federal government may elect not to send federal agents after medical marijuana either because it is costly or not to cause political friction with states)

In Europe the situation is even more screwed up/hilarious. The EU has various legislative power over member states, but unlike the feds they have no guys with guns to call in on the uppity nation states. Result is that member states flaunt EU law at will with little or no consequence. End result is that national governments can mistreat their citizens against EU laws, in the EU courts the people can win against the government, but there is no enforcement to make governments oblige. Just like in the bad old medeval times.

Now since my latest move took me to Canada, I'd love to hear from someone how things work in Canada. Can I ignore those "no motorized bike" signs the city puts up here in Edmonton while on my ebike (which is not a motor vehicle by both provincial and national law)

Local government can do WHATEVER they want as long as the law is MORE restrictive than the federal law.

Anyway it's up to the local Judge and you know who signs their check.

I'VE BEEN ON THE VILLAGE BOARD TOOOOO LONG!
DON

 

[Cold-E-Commuter]

I know that here in Colorado "The Republic Of Boulder" has banned the use of E-Bikes on all trails. The same as they don't allow you to smoke in your own car as long as you are on a public street. Cigar smokers beware! Strange for a community that has been a "hippie" community in the past. Just goes to show that times are a changin'. Here in Fort Collins there are signs for "no motorized vehicles on the bike trails" but they follow state and federal laws as to what is a "motorized vehicle". And as has been said in this thread before, discrection is needed. If I were to go ripping down the trail at 32mph, I might spoil it for others. That is where items like the Cycle Analyst are Gold.

 

[LI-ghtcycle]

Yeah, enforcement is key, and if you don't give them a reason to "enforce" any law, then you're going to be pretty much left alone. I'm not surprised with more and more regulation and encroachment on our daily lives that more restriction and even a special license are in our future.

Soon as we have enough E-Bikes on the road, a politician will notice and start with something along the line of "being motorized they will cause more wear on the bike path, so we need to them to pay their way too" and whammo, we get a license, a training course and a maybe even a test proving we can use them safely.

Never underestimate a politician's ability to find new revenue sources especially in today's economy!

 

[Lessss]

Remember Florida Bans the 4 wheel sit down scooters for seniors cause they kept running over people with them.