WSJ, NYC and ebikes

[Lessss]

Lessss wrote:
...AKA (Citizen enslavement COMMISSION)


Do you call it this because so many corporate hacks were hired over the last 12 years and they've done everything possible to water down regulations and keep from holding corporations actually being responsible for what they build?

If you actually look at details of the laws you soon realize they are not really for your protection but your enslavement.

http://threelittleladiesrabbitry.com/paws.php
Read What Changes Does PAWs Make?

 

[TylerDurden]

"CPSC is charged with protecting the public from unreasonable risks of injury or death from thousands of types of consumer products. You can find information on over 5,000 product recalls and recall alerts using the various searches on this page. If you see a recalled product available for sale online, e-mail the link to websafety@cpsc.gov"

http://www.cpsc.gov/cpscpub/prerel/prerel.html

 

[ZOMGVTEK]

Should I be concerned about passing a cop at 40+ MPH on my bike in New York?

Currently, I slow down and start pedaling and never had an issue... But I don't think a cop ever saw me zip by at over 40, its usually <20.

 

[Lock]

Pretty sure the last time NY State ebike legislation popped up briefly was a recent Senate Transportation Committee meeting:
http://www.endless-sphere.com/forums/viewtopic.php?f=3&t=27651

Did any NY State folks here EVen bother to write Senator Dilan to ask watts up?

Lock

 

[TylerDurden]

If I were still in NY, I'd keep a low e-bike profile.

It was hard enough to get more bike lanes.

 

[auraslip]

Federal Laws and Regulation
[edit] Defined

The U.S. NHTSA Code of Motor Vehicle Safety simply defines low-speed electric bicycles as consumer products and not Motor Vehicles for safety standards.[22] In doing so they vest authority over commercial safety standards to the Consumer Product Safety Commission.

The Consumer Product Safety Commission(CPSC) stipulates that commercially manufactured[23] low-speed electric bicycles, or tricycles, must have fully operable pedals, an electric motor of less than 750W of power and a top motor-powered speed not in excess of 20 miles per hour (32 km/h) with a rider weighing 170 pounds.[24] An electric bike remaining within these specifications will be regarded simply as a bicycle for purposes of safety standards. This supersedes any state law that is more stringent, but only regarding safety equipment required on electric bicycles and the standard of manufacture they must meet.[25] The legislation enacting this amendment to the CPSC is also known as HR 727.[26]
[edit] Use

Where federal funds have been used in the construction of bicycle or pedestrian paths, electric bicycles (defined as "any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor-powered speed not in excess of 20 miles per hour" (23 U.S.C. § 217(j)(2)) ) are not permitted unless state or local regulations permit. Title 23, U.S. Code § 217(h)(4).[27]

http://en.wikipedia.org/wiki/Electric_bicycle_laws#United_States

 

[TylerDurden]

Albany can draw the line where they like.

 

[REdiculous]

Looks like Florida is the place to be...60mph / 5kw limit and you can ride ebikes when you're 10.

 

[auraslip]

Looks like Florida is the place to be...60mph / 5kw limit and you can ride ebikes when you're 10.

That must be a type on the part of Florida!

 

[sangesf]

Looks like Florida is the place to be...60mph / 5kw limit and you can ride ebikes when you're 10.

That must be a type on the part of Florida!

Someone obviously is screwing around with wikipedia.

 

[dogman dan]

You want the real poo on what is legal in your state, you better get it straight from the state website. In my case, the NM website has had a broken link for about a year......

You want to look at definitions of bicycle in your own states motor vehicle code, as well as what falls into moped class, or bike with motor class. Then when you know what class your bike is, look for statutes in the rest of the code that apply to what your bike is.

Wikepedia, DMV law summary sites, and most particularly anything on a vendors website is suspect. Unless the link is taking you to an official state website.

Most suspect of all, is anything one of us puts up here.

 

[Lock]

You want the real poo on what is legal in your state, you better get it straight from the state website.

Caveat... go straight to the source law. In my hood gov employees "interpret" things while they try to write digestible web pages. They colour things based on their own perspective, and the truth is the source law can be hard to understand anyway, "nuanced" by years of patchwork updates... just sayin'
Lock

 

[dogman dan]

Yeah, that's exactly what I meant to say. You want to read the actual vehicle codes, in their lawyerspeak. Not a digest or compliation. Many summary of the codes websites will drop half the code, leaving you the idea they don't mention motorized bikes, or whatever. You want all the codes, in unabridged form and up to date. Usually that is only found on the official state websites.

 

[veloteq]

The arguments are repetitious. Simply put:
1. The Federal Government under the Consumer Product Safety Commission has jurisdiction over the safety aspects of ebikes, not where they can or cannot be used.
2. Each state has jurisdiction over its roads and regulates traffic on those roads including means of conveyence, with the exception of certain thoroughfares that are considered to come under Federal jurisdiction by dint of Federal ownership which may include parks maintained by the Federal Government, military bases and other Federal facilitates.
3. A state may request the abatement of certain CPSC regulations but they cannot be less strict than those of the Federal regulations. This is rarely granted and must be for good cause.
4. With regard to the scooter-style ebikes which conform to the DOT regulations, the State of New York has a classification for Type C motor driven cycles the speed of which does not exceed 20 mph. A drivers license is required to operate them on state controlled thoroughfares to which the general public has access. The vehicle must be registered but need not be insured. Since ebikes that conform with CPSC regulations are not further regulated by the US DOT it could be deemed that they are exempt from the non-existent regulations and therefore comply with DOT regulations at the time of manufacture.

This is where the NY law falls down. It is calling for compliance with a set of Federal regulations which no longer apply to this class of vehicle since, in the eyes of the Federal government, all ebikes compliant with the Federal CPSC Safety regulations are no longer considered to be motor vehicles. The State of New York should specifically define ebikes that conform to CPSC regulations, not as Type C Motor Driven Cycles but using the Federal definition "Low Speed Electric Bicycles". They should then proceed to regulate them, as is its right, without further obfuscation. New York State is the last of the top four states by population that has failed to do so despite that the Federal CPSC regulations came into force in 2002.

State regulations pertaining to Ebikes in various states can be read at the URL shown below.

James Wood
President/CEO
Veloteq Corporation
Houston, TX
http://www.veloteq.com

 

[TylerDurden]

3. A state may request the abatement of certain CPSC regulations but they cannot be less strict than those of the Federal regulations.

Since "abate" means reduce or diminish, I'm not sure the statement makes any sense.

Since ebikes that conform with CPSC regulations are not further regulated by the US DOT it could be deemed that they are exempt from the non-existent regulations and therefore comply with DOT regulations at the time of manufacture.

Suffice to say that the USDOT does not regulate ebikes that conform with CPSC definitions. (Deeming exemption from non-existent regulations is absurd.)

 

[veloteq]

It makes sense precisely because a state may seek to [abate" means reduce or diminish (your words)] but is unlikely to receive it. Move onto substance, not mincing words.

 

[TylerDurden]

It makes sense precisely because a state may seek to [abate" means reduce or diminish (your words)] but is unlikely to receive it. Move onto substance, not mincing words.

"Mincing words" would imply the logic of the statements had merit in the first place.

Federal law permits James Wood, President/CEO Veloteq Corporation, Houston, TX to look like a moron as often as he wishes. :lol:

 

[sk8norcal]

http://nymag.com/daily/intelligencer/2013/02/hell-on-wheels-can-e-bikes-ever-go-legal.html

They’re as familiar a part of the New York cityscape as hot-dog vendors and yellow cabs: Deliverymen riding electric bikes, zooming down bike lanes, slaloming through traffic, sometimes riding on the sidewalk or the wrong way down a one-way street. Regardless of their relative respect for traffic laws, they all have one thing in common: Their bikes are illegal to operate in New York, every single one of them.

Last month, the city started enforcing a new set of safety standards for commercial cyclists mandating they follow traffic rules and wear certain safety equipment furnished by their employers. Among the Department of Transportation’s new Rules for Commercial bicycling is this special note: "Electric bicycles are not capable of being registered by the New York State Department of Motor Vehicles and therefore their operation is prohibited in New York City." In Albany, legislation to change that has been kicking around for years. In 2013, advocates think it will finally succeed.

To the bikes’ detractors, including members of New York’s City Council, that would be bad news. Two council members are pushing to increase penalties for riding the bikes, which are legal under federal law but state and city law view them as motor vehicles that are illegal to use on public streets.

A law signed by George W. Bush in 2002 defines bikes with pedals and an electric motor no more powerful than 750 watts and a top speed no greater than 20 mph as simply bicycles. The difference is that with the electric motor, you can get to your top speed a lot easier and it takes no effort to maintain it. This is where some people see a hazard.

more..........

 

[sk8norcal]

http://www.nyc.gov/html/dot/html/bicyclists/commercial-cyclists.shtml

Rules for Commercial Bicycling

Bikes are an inexpensive, fast, and efficient way to deliver goods. The city has laws and rules that to help make commercial bicycling safer. Administrative Code of the City of New York §10-157 and §10-157.1 pertain to businesses that employ commercial bicyclists. Failure to comply with these laws may result in a fine.

http://www.nybc.net/electric-bicycles-in-new-york
http://www.theepochtimes.com/n2/united-states/electric-bikes-in-new-york-may-be-legal-or-maybe-not-293297.html