* * * United States Electric Bike Law (H.R. 727) * * *

[safe]

First let me post everything the law says:

Public Law 107-319, 116 Stat. 2776

107TH CONGRESS H.R.727

To amend the Consumer Product Safety Act to provide that low-speed electric bicycles are consumer products subject to such Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. CONSUMER PRODUCT SAFETY ACT. 1

The Consumer Product Safety Act (15 U.S.C. 2051et seq.) is amended by adding at the end the following:

LOW-SPEED ELECTRIC BICYCLES
SEC. 38. (a) Not withstanding 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 two- or 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 low-speed 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)

SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.
For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act) shall not be considered a motor vehicle as defined by section 30102(6) of title 49, United States Code

Passed the House of Representatives March 6, 2001.

 

[safe]

I'm going to take some time on this one because it's a very important law for us to be fully aware of. It is the bedrock upon which all future electric bikes will likely be based... at least those that are universal... but I'm already getting into the "quirks" of the law so let's get started. Please hold your panic attacks about what you think this law means until you fully listen to what it actually does mean.

Okay, let's get started...

The first most significant issue that this law gets involved in is to set aside a certain definition of a narrowly defined electric bicycle that will be viewed in the eyes of the law in all states to be indistinguishable from an ordinary bicycle.

At the root of the this concept is the idea that while things like motorcycles are monitored and licensed through the NHTSA:

http://www.nhtsa.dot.gov

...this law moves a certain type of electric bike out of that territory and into the area that bicycles use which is the Consumer Product Safety area.

So hopefully that concept is understood... what this law is about is "anti-discrimination" so that the law can no longer make a judgement about an electric bike if it fits a certain set of rules. The law is "blind" to the electrical nature of the electric bike that fits the rules and as far as all the states are concerned they MUST see only a bicycle in front of them. The hands of the policeman are tied... the electric bike is now "just a bike".

Let's see how well people grasp this part before we get into the details... :wink:

More about "anti-discrimination"... when black people were not allowed to sit at the front of the bus it was because they were not considered in the eyes of the law to be fully human (the state laws needed updating). Blacks were once in a separate category, much like the electric bike has been in a separate category compared to regular bicycles. This new law says that if you play by the rules of the law you are legally EXACTLY the same as a bicycle. So if a bicycle can go somewhere or do something then an electric bike that fits the narrow set of rules can also do the same.

 

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Introduction

To amend the Consumer Product Safety Act to provide that low-speed electric bicycles are consumer products subject to such Act.

So they begin H.R.727 by saying what the law intends to do. They intend to move "conforming" electric bicycles from categories such as motorcycle, moped, ebike, etc (so many names are used) into the narrow category of bicycle. Those electric bikes that meet the specification that follows are to be known not as "electric bikes", but simply as "bicycles".

Yeah! We win!

 

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Part A

(a) Not withstanding 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.

This pretty much restates what they wrote in the introduction above. Those electric bikes that meet the strict rules for conformity are to be moved out of the motorcycle, moped, electric bike categories and moved and then governed by laws that apply to bicycles alone.

Once more.. Yeah! We Win!

 

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Part B

(b) For the purpose of this section, the term low-speed electric bicycle means a two- or 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.

This is the core of the law. In order to conform to the law you need to have pedals, a motor less than 750 watts and a top speed of 20 mph as sold. That's it! If you do that your bike is automatically legal as a bicycle in all 50 states.

Okay, well, we would all have liked higher speed limits, but you take what you can get sometimes...

 

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Part C

(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.

This is something to watch out for... Basically they are saying that they are taking over and if they decide in the future to make more rules in order to maintain conformity they have every right and intention to do so.

They are making it clear that the control is now in the hands of the Federal Government or more specifically the Consumer Product Safety people. If someone makes a bike that finds a loophole they can close that loophole if they so choose.

 

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Part D

(d) This section shall supersede any State law or requirement with respect to low-speed 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)

This is where they remind everyone that the Federal Government when it makes a law can supersede any State law that exists. If a state refuses to acknowledge that a "conforming" electric bike is in fact a "bicycle" in the eyes of the law then the Federal Governments laws overrides the State.

Yeah... We Win! States that discriminate are now behaving illegally as far as the Feds are concerned!

 

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Conclusion

For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act) shall not be considered a motor vehicle as defined by section 30102(6) of title 49, United States Code

There in absolutely no debate anymore. An electric bike that conforms to the three rules (pedals, 750 watts, 20 mph) cannot be classified in any state in the United States as a motor vehicle.

The conforming electric bike might HAVE a motor... but the law is BLIND to it's existence. The electric motor effectively does not exist in the eyes of the law.

Yeah... we win again!

 

[D-Man]

All I can say is enjoy your e-biking privileges. When you get caught with too much speed, power, or no pedals, you'll wish you would have followed the law. Just like cars, they can take them away or hit you in the wallet if you do something stupid. So, be smart and know your e-biking rights and enjoy passing by the gas stations with all the people filling up their tanks.

 

[Matt Gruber]

Keep in mind that to argue a federal law, you must appeal. This adds enormous expense. And to add insult, you can't ride it while waiting months or years for the case to come up.

And as I discovered in FL, Bicycle laws are not applied in motor vehicle court, so to argue it is a bicycle under state law, requires appeal. And again, you can't ride it ... without fear of being jailed.

e-bikes are a rich mans toy(anywhere they don't want them)

makes my vettes seem cheap!

I'm sure when FL floods they will change the instructions, to cops and judges. So, I'm keeping my bikes in storage.

 

[safe]

Many bikes (like mine) were not created with the goal of satisfying the very narrow definition of an "electric bike as bicycle" that the national law establishes. I'm currently running a 1000 watt motor, have no pedals, and can go 40 mph on the flat. However, in Missouri the laws for this state allow mopeds to do just about anything (up to three horesepower) and do not require pedals. (the speed limit is supposed to be 30 mph) But if you add a clutch to your bike... well... now you're in big trouble! :lol:

So that was the purpose of the law. Every state has their own weird set of rules and definitions. If you stick to the national electric bike format then you automatically are made legal everywhere. However, as you have said, you would now be responsible for doing the "work" of getting the state and local laws updated to recognize reality. Which can be a hassle...

 

[safe]

So, be smart and know your e-biking rights and enjoy passing by the gas stations with all the people filling up their tanks.

That's really what they are... ebiking is a "right" (equal to the bicycle) as long as you meet the narrow specification that the national electric bike law provides. If you deviate even slightly then you no longer have ANY rights. (the laws revert back to whatever the local area allows) So it's a mixed bag... the Federal government has granted nationwide rights, but under specific terms.

 

[v_tach]

safe your bike is a motorcycle here in Florida. There is no difference between it and a combustion engine powered machine with the same capabilities. In Florida if you want a power assisted bicycle, the law here is easy enough.

 

[Matt Gruber]

v-tach
in Judge smith's court u have a Moped

 

[agent86]

I think in most states a moped is defined as having a maximum 30mph speed and Lowell's bike would be considered a motorcycle. (In fact I think the 30mph limit on mopeds is in some ways more unreasonable than the 20mph limit on ebikes since mopeds lose the priveleges of bike lanes, multi-use paths, etc.)

 

[Lowell]

I think in most states a moped is defined as having a maximum 30mph speed and Lowell's bike would be considered a motorcycle. (In fact I think the 30mph limit on mopeds is in some ways more unreasonable than the 20mph limit on ebikes since mopeds lose the priveleges of bike lanes, multi-use paths, etc.)

Just off the top of my head, a motorcycle requires:
VIN number and papers
DOT approved headlights, taillight, brake lights, turn signals
license plate bracket (with plate and tags of course)
DOT tires
horn
ignition switch

My bike is definitely not a motorcycle. With the speed and power set to legal limits, it meets every definition of the local ebike laws.

 

[Matt Gruber]

that's why u need to carry bail money.
What u have according to cop/court law is an:
ILLEGAL MOTORCYCLE :x

 

[Lowell]

An illegal motorcycle, or illegal ebike? Either way, the police here don't seem to care, so I'll keep racking up the km's on my bike. Getting close to 4000km now

 

[D-Man]

that's why u need to carry bail money.
:x

What about "Impound money" for speeding? After you post bail for yourself, you'll have to post bail for the bike to get it out of impound. I wonder how much that costs? Probably at least equal to a new battery pack. (not sla's) Maybe they will just "crush it."

 

[Lock]

HR727 isn't a law, it is a reference to a particular House Resolution during a specific Congress to amend the Code of Federal Regulations. At the very least try and figure out the actual code articles when you are referring to a Federal Law because there are new House Resolutions every year and the numbers are recycled...

Try US Public Law 107-319, 116 Stat. 2776 enacted December 4, 2002.
tks
Lock

 

[safe]

Motorcycle
Moped
Electric Bicycle
Bicycle (or an ebike with pedals/750 watt/20 mph)

Going from first (the MOST regulated/licensed/taxed) to the last those are the categories. Depending on the state you can fall into one of the different categories depending on what you run. For me I fit into the Moped category and can run three horsepower, not need pedals but have to keep the speed below 30 mph if I wanted to sell my bike to someone, otherwise they would have to catch me speeding. I'd likely get a fix-it ticket that would force me to take my gears off and run a single gear that maxed out at 30 mph.

 

[Lowell]

that's why u need to carry bail money.
:x

What about "Impound money" for speeding? After you post bail for yourself, you'll have to post bail for the bike to get it out of impound. I wonder how much that costs? Probably at least equal to a new battery pack. (not sla's) Maybe they will just "crush it."

I don't know where you guys live, but around here you get 30 days to pay speeding tickets, and even if you don't pay them on time there's no penalty. You do have to pay off the 'speed tax' account before renewing your license though.

Uninsured motor vehicles are also not impounded here, you can simply have it transported to private property.

 

[safe]

The Key Point of this Thread

I just want to reinforce the main idea of this thread which is that the new national electric bike law does not restrict anyone from doing anything that they might already be doing. The new law doesn't worsen anything for anyone. But what the new national law does is says that ANYWHERE in the United States if you have an electric bike that fits the rules (pedals, 750 watts, 20 mph) then that machine is automatically classified as a bicycle and:

...the cops can't mess with you like you owned an electric bike at all and must treat you like were riding a regular bicycle. (no discrimination is allowed anymore)

 

[Matt Gruber]

everyone should call their police chief and see if he knows/applies the law.
would be GREAT to make a list of PD's that are on the ball.

v-tach should have a friend call, since they know him.

 

[TylerDurden]

But what the new national law does is says that ANYWHERE in the United States if you have an electric bike that fits the rules (pedals, 750 watts, 20 mph) then that machine is automatically classified as a bicycle and...the cops can't mess with you like you owned an electric bike at all and must treat you like were riding a regular bicycle.

Wrongo-bucko... Any state or local jurisdiction can set their own traffic regulations and treat you any way they like.

Get this through your booze-soaked skull:
The "Ntl. law" is part of Consumer Product Safety Act... it adds ebikes as bikes for Commercial Practices:

SUMMARY: Public Law 107–319, 116 Stat.
2776 (the Act), enacted December 4,
2002, subjects low-speed electric
bicycles to the Commission’s existing
regulations at 16 CFR part 1512 and 16
CFR 1500.18(a)(12) for bicycles that are
solely human powered.

Title 16--Commercial Practices
--------------------------------------------------------------------------------

CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION

PART 1512--REQUIREMENTS FOR BICYCLES


--------------------------------------------------------------------------------



1512.1 Scope.
1512.2 Definitions.
1512.3 Requirements in general.
1512.4 Mechanical requirements.
1512.5 Requirements for braking system.
1512.6 Requirements for steering system.
1512.7 Requirements for pedals.
1512.8 Requirements for drive chain.
1512.9 Requirements for protective guards.
1512.10 Requirements for tires.
1512.11 Requirements for wheels.
1512.12 Requirements for wheel hubs.
1512.13 Requirements for front fork.
1512.14 Requirements for fork and frame assembly.
1512.15 Requirements for seat.
1512.16 Requirements for reflectors.
1512.17 Other requirements.
1512.18 Tests and test procedures.
1512.19 Instructions and labeling.
1512.20 Separability.

Sec. 1500.18 Banned toys and other banned articles intended for use by children. (a)(12)... (This sections bans bikes and ebikes that do not meet specs defined in sections listed above.)