Opinions or interpretations of Iowa's new ebike laws

[gogo]

It seems the ebike industry lobbyists were keeping busy these last few years, and they snuck some new laws in while I wasn't paying attention. If anyone has an opinion or interpretation of this specific ebike law, I'd appreciate your input, specifically on number three.
321.235B Low-speed electric bicycles — labels — operation.
…
3. A low-speed electric bicycle shall be manufactured and equipped in compliance with 16 C.F.R. pt. 1512.

Does that preclude homemade ebikes, and specify that only "low-speed electric bicycle(s)" obtained from a manufacturer or through a distributer, are allowed to be operated in public?


For context, here are the definitions and laws pertaining to ebikes in Iowa:
https://www.legis.iowa.gov/docs/code/2023/321.pdf
321.1
Definitions of words and phrases. (Bicycles are specifically designated as "not a vehicle", elsewhere.)
…
40. a. “Motorcycle” means every motor vehicle having a saddle or seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground including a motor scooter but excluding a tractor, an autocycle, a low-speed electric bicycle, and a motorized bicycle.
…
c. “Bicycle” means either of the following:
(1) A device having two or three wheels and having at least one saddle or seat for the use of a rider which is propelled by human power.
(2) A low-speed electric bicycle.
…
36A. “Low-speed electric bicycle” means a device having a saddle or seat for the use of a rider, two or three wheels equipped with fully operable pedals, and an electric motor of less than seven hundred fifty watts that meets the requirements of one of the following classes:
a. “Class 1 low-speed electric bicycle” means a low-speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour or more.
b. “Class 2 low-speed electric bicycle” means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of twenty miles per hour or more.
c. “Class 3 low-speed electric bicycle” means a low-speed electric bicycle equipped with a motor that may be used to provide assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour or more.

321.234
Bicycles, animals, or animal-drawn vehicles.
1. A person riding an animal or driving an animal drawing a vehicle upon a roadway is subject to the provisions of this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application.
2. A person, including a peace officer, riding a bicycle on the highway is subject to the provisions of this chapter and has all the rights and duties under this chapter applicable to the driver of a vehicle, except those provisions of this chapter which by their nature can have no application or those provisions for which specific exceptions have been set forth regarding police bicycles.
3. A person propelling a bicycle on the highway shall not ride other than upon or astride a permanent and regular seat attached to the bicycle.
4. A person shall not use a bicycle on the highway to carry more persons at one time than the number of persons for which the bicycle is designed and equipped.
5. This section does not apply to the use of a bicycle in a parade authorized by proper permit from local authorities.

321.235B
Low-speed electric bicycles — labels — operation.
1. A manufacturer or distributor of low-speed electric bicycles shall apply a label that is permanently affixed in a prominent location to each of the manufacturer’s or distributor’s low-speed electric bicycles. The label shall contain all of the following information printed in arial font with a font size not less than nine point type:
a. A classification number for the low-speed electric bicycle that corresponds with a class defined in section 321.1, subsection 36A.

1. The low-speed electric bicycle’s top assisted speed.
2. The low-speed electric bicycle’s motor wattage.

2. A person shall not knowingly modify the speed capability or engagement of a low-speed
electric bicycle such that the low-speed electric bicycle does not qualify for a class defined in section 321.1, subsection 36A. If a person has modified the speed capability or engagement of a low-speed electric bicycle, the person shall affix a new label containing the information listed in subsection 1 to the modified low-speed electric bicycle.
3. A low-speed electric bicycle shall be manufactured and equipped in compliance with 16 C.F.R. pt. 1512.
4. A low-speed electric bicycle shall be manufactured to operate in such a manner that when the rider stops pedaling, applies the brakes, or the electric motor is disengaged, the electric motor assist ceases to function.
5. A class 3 low-speed electric bicycle shall not be operated unless it is equipped with a speedometer that displays its speed in miles per hour.
6. A person under the age of sixteen shall not operate a class 3 low-speed electric bicycle. A person under the age of sixteen may ride as a passenger on a class 3 low-speed electric bicycle in compliance with section 321.234, subsection 4.
7. A person operating a low-speed electric bicycle on a highway is subject to the provisions of this chapter applicable to a rider of a bicycle on a highway and has all the rights and duties under this chapter applicable to a rider of a bicycle, except those provisions of this chapter which by their nature can have no application, or except as otherwise provided in this section.
8. Except for provisions of the Code made specifically applicable to low-speed electric bicycles in this section, low-speed electric bicycles are not subject to provisions of the Code applicable to vehicles, including provisions relating to all of the following:

1. Licensure, registration, titling, inspection, and proof of financial liability coverage.
2. Possession of a driver’s license or permit.

9. a. A low-speed electric bicycle may be operated in any place where a bicycle is allowed
to operate, including but not limited to streets, highways, roadways, shoulders, bicycle lanes, bikeways, and bicycle or multi-use paths.
b. A person shall not operate a class 3 low-speed electric bicycle on a bicycle lane or multi-use path in excess of the posted or applicable speed limit, or if there is no posted or applicable speed limit, twenty miles per hour.

 

[willstealthy]

Ok just became more confused...but it talks about a sticker in 9 point font. Man it looks like they like writing confusing laws...if you get stopped, confusion be the cause.

 

[docw009]

Iowa's laws look similar to the other USA states that have formally codified ebikes.. Howver, the last rule about class 3 ebikes being restricted to 20 mph on a non-posted MUP or bicycle lane seems to ignore what bicycles may do.

I dunno about DIY. I think CFR 16 pt 1512 includes standards for both bicycles and low speed ebikes. so that if you converted a bicycle that met consumer safety laws when it was manufactured. it still qualifies as a permissible ebike. The DIY segment is so small anyway, they could lock all us of up, and who would know we've been disappeared.

 

[MoneyPit]

DIY has always more or less been the way around the "manufacturer's" sticker, although I don't know of anyone who has tested that in a shouting match with a SWAT team on the side of the road.

The Class 3 20 mph speed limit on bicycle lanes and MUP's jumped out at me too. Thats unique so far as i know (and sucks royally). It means if you want to perform to Class 3 levels on the street you have to take the lane... assuming there is not a separate law against that too.

 

[Chalo]

It means if you want to perform to Class 3 levels on the street you have to take the lane...

Why not? Car driving asshats take/block/trash our lanes anytime they feel like it. With no consequences.

I would love to develop an automated CIWS that can be mounted on a bike's rear rack to disable incoming chud scuds as they approach the perimeter.

 

[MoneyPit]

Why not? Car driving asshats take/block/trash our lanes anytime they feel like it. With no consequences.

Because they are bigger than you are. Their bumpers are made of steel and yours are made of flesh. It would be nice if things were different but they aren't.

 

[Chalo]

Because they are bigger than you are. Their bumpers are made of steel and yours are made of flesh. It would be nice if things were different but they aren't.

Well, my commute these days is 14 miles one way, meandering through suburban neighborhoods. Many stretches of bike lanes (where they exist) are unusable due to debris, pavement flaws, or constructed hazards like piled up lumps at the sites of previous repairs or sunken service covers. Nothing to do there but take the lane, and nothing for drivers to do but be behind me until it's safe to move over. Every so often somebody takes to the oncoming lane because they just have to drive 55mph in a 30mph zone.

Where there aren't bike lanes, I ride in the traffic lane along with everybody else.

It is a little weird that the lanes for heavy large-wheeled vehicles with suspension is usually kept so much smoother than bike lanes. Weird, but predictable.

It's also weird that the local cops seem to have stopped ticketing drivers for any traffic infractions at all. State troopers are certainly pulling a lot of people over lately, but from what I can tell, they only pull over people with dark skin rather than targeting dangerous drivers.

 

[Comrade]

but from what I can tell

I'm sure you are smart enough to know the difference between causation and correlation.

 

[MoneyPit]

Well, my commute these days is 14 miles one way, meandering through suburban neighborhoods. Many stretches of bike lanes (where they exist) are unusable due to debris, pavement flaws, or constructed hazards like piled up lumps at the sites of previous repairs or sunken service covers. Nothing to do there but take the lane, and nothing for drivers to do but be behind me until it's safe to move over. Every so often somebody takes to the oncoming lane because they just have to drive 55mph in a 30mph zone.

Where there aren't bike lanes, I ride in the traffic lane along with everybody else.

It is a little weird that the lanes for heavy large-wheeled vehicles with suspension is usually kept so much smoother than bike lanes. Weird, but predictable.

It's also weird that the local cops seem to have stopped ticketing drivers for any traffic infractions at all. State troopers are certainly pulling a lot of people over lately, but from what I can tell, they only pull over people with dark skin rather than targeting dangerous drivers.

We do what we must, and of course YMMV. My own commute in one of the two towns I regularly live in is also 14 miles, but I've mapped it out to only have only one or two dangerous places to have to do without a bike lane. In that town (Fresno CA) I am typically traveling on streets that have a speed limit of up to 50 mph, with residential areas being as high as 45. You don't take the lane there unless you are an idiot, and I say that having tried it and been that idiot.

On the other hand, in the Monterey Bay Area, speed limits are typically 25 mph, with no bike lanes, narrow streets and cars parked roadside on your typical 2-lane'r. Also international and local tourists in cars everywhere driving slowly and inexpertly. So there I can take the lane and not necessarily cause the kind of danger to myself I would trying to pull that stunt with cars going double my speed.

But I consider a town with 25 mph streets everywhere an aberration in These United States. Certainly it is in California. By and large taking the lane increases your chance of collision with a whole lot of impatient people who don't acknowledge your right to even be there in the first place.

Which sucks for people in Iowa.

 

[gogo]

As willstealthy points out, LE is likely to be even more confused by these laws than I, someone who is making an honest attempt to understand them. Despite having read through them many times, I hadn't caught that class 2 ebikes don't even need pedals.

After letting the new laws soak in, I've decided that the key is the 321.1 definitions.

The 321.235B 'Low-speed electric bicycles — labels — operation' section seems to be largely directed toward vendors, and says nothing that would disallow a DIY ebike. Subsections 1-4 seem to pertain to ebikes offered by vendors.
The operation part of that section, however, would apply to a DIY ebike, specifically subsections 5-9.

In our old law, pedals had to be 'operable', but didn't have to be operated unless you wanted to use the allowed 750 watts above 20 MPH. For instance, this would have allowed a velomobile to be limited only by the physics of 750 watts combined with whatever pedal power you could add. Because bicycles aren't restricted from interstate use in Iowa, theoretically, there may have been sections ridable with a tailwind and downhill.

The new laws put a 28MPH cap on the assistance, which would be more restrictive mainly only in some cases of downhill and tailwinds, cases which would have been subject to the "shouting match with a SWAT team on the side of the road" scenario mentioned by MoneyPit, anyway.

My 'creative' interpretation is that the new laws should be better for fighting headwinds and uphills up to 28MPH (who's really measuring the 750 watt part), whereas the old law was a bit dubious for those at anything above 20MPH. For the case of the 'no posted or applicable speed limit on a bike lane or multi-use path', that seems like rare circumstances for which one would never be cited.

[EDIT] I finally realized the label crap is also for busting riders under 16 if they're riding a class 3 28MPH ebike. The new laws suck for them.
Also, the class 2 no-pedals-required expands marginal projects like converting boat trailers by adding a steerable front wheel up front, and other marginal-use fun, or grocery-getter-type projects. [EDIT] Whoops, all 3 classes need operable pedals.