How does an ebike owner protect themselves from being caught between how the federal government regulates and their city or state?
Written by Matt Dailida, LEVA Member and Chair of its Legislative Committee and is Vice-President, Government Affairs and Business Development at Segway, Inc.
The U.S. Constitution establishes a government based on Federalism or the sharing of power between the Federal and State governments. Under the Constitution, both the Federal and State governments are granted certain exclusive powers and in other cases, shared powers. One such shared power is making and enforcing laws. That said, Federal law trumps all States’ laws. States cannot constitutionally pass legislation that reduces or eliminates Federal laws; they can only pass legislation that enacts additional or tighter restrictions on its people.
Since 2001, the United States federal law has vested setting safety standards of electrically driven bicycles to the Consumer Product Safety Commission (CPSC). The CPSC, under (23 U.S.C. § 217(j)(2)) stipulates that so long as a manufactured low speed electric bicycle which meets the following standard - "fully operable pedals, an electric motor of less than 750W of power and a top motor-powered speed not to exceed 20" it shall not be considered a motor vehicle. As well, and most importantly, the state must regulate the electric bicycle as a bicycle. These provisions superseded any State law regarding low-speed electric bicycles which was in existence at that time or since then.
With that however, States (and in some cases local governments) are given power to further regulate transportation within their jurisdictions. In fact, Federal law can and does defer to state and/or local law at times. For instance, current Federal law stipulates that where federal funds have been used in the construction of bicycle or pedestrian paths, electric bicycles, as defined under 23 U.S.C. § 217(j)(2)), are not permitted unless state or local regulations permit (23 U.S.C. § 217(h)(4)).
In their ability to make and enforce laws, States may and do pass legislation regulating vehicles, of all types, which utilize the public ways. For electric bicycles, state and local governments may pass regulations so long as those regulations are not more stringent than the federal requirements. This means that no State can enact legislation that allows wattages or speeds greater than the Federal government’s limit of 750 Watts and a top electric-powered speed of 20mph. States can only legislate lower wattages and top-speeds. An e-bike can go over 20mph, but not by means of the motor. No matter what State you bike in, bicycle speeds on public roads above 20 cannot legally be motor-assisted.
State and local governments will and can exercise their powers to set helmet use, license requirements, minimum age and other requirements. As well, they can regulate (including prohibiting) whether bicycles (and e-bikes) can be used in certain areas such as sidewalks and roads with higher speed limits, such as highways.
The answer to the question, how does an ebike owner protect themselves from being caught between how the federal government regulates and States (and in some cases local) further regulate low speed electric bicycles, is equipping themselves with the proper information. Currently it appears that 41 states plus the District of Columbia have passed legislation regarding low speed electric bicycles. A good source of information is the website http://en.wikipedia.org/wiki/Electric_bicycle_laws.
The Light Electric Vehicle Association (LEVA) is a global trade association dedicated to the promotion of the use and sale of LEVs worldwide. All component suppliers, manufacturers, dealers, distributors, assemblers, wholesalers, retailers, and interested individuals are invited to join. For more information, visit www.levassociation.com.
