"We're all on a bit of a high right now," Alex Logemann shared with excitement. It was the start of our webinar with PeopleForBikes and the group's State + Local Policy Analyst — along with millions of California residents — certainly had plenty of reason to celebrate. Less than 24 hours before our Update on E-bike Legislation, California Governor Jerry Brown signed a landmark bill making it easier to ride electric bikes in the Golden State.
No matter where you live or ride, you're likely seeing more e-bikes out on the streets and trails. And, no matter your niche of biking and walking advocacy, you've likely grappled with how that squares with your local and state laws. While most types of e-bikes are seen by many as a means to widen the circle of folks who are able to ride — from moms carrying kids to older adults who need an extra assist — PeopleForBikes, the Bicycle Product Suppliers Association and growing number of Alliance member organizations are pushing for better policies governing the use of electric bikes.
On a webinar with PeopleForBikes this month, we took a look at the current legal landscape for e-bikes and the work to improve state laws.
As Morgan Lommele, e-bikes campaign manager for PFB and BPSA, explained, e-bikes are regulated differently in every state. Generally speaking, approximately 20 state have "acceptable" legislation that defines an e-bike as a bicycle, doesn't require licensing, and allows e-bikes to use bike infrastructure. In other more problematic states, even low-speed e-bikes are lumped in with motorcycles and/or require a license or specific registrations. According to Lommele, those "antiquated" laws make it "confusing for consumers, confusing for retailers, and are impeding the e-bike market from growing, as well."
But, wait. Isn't there a federal law governing the use of e-bikes? Yes — and no.
As Logemann explained: "In 2002, the federal government passed a law defining e-bikes, but it's a consumer product safety law; it doesn't apply to all traffic laws in the states. It regulates the manufacture and sales of e-bikes, but it doesn't preempt state laws. States are free to regulate them as they see fit in their traffic codes."
And there's wide variation in how states have tackled that.
Take, for instance, Michigan, a problematic state by PFB / BPSA standards...
... compared to Iowa, a "good" state.
The end goal, Lommele said, is "to get low-speed e-bikes the same privileges of traditional bicycles" in every state across the nation. Of course, to get such laws through state legislatures and make sure they sit well with city officials, some compromises need to be made — and different provisions might be applied to the different types or classes of e-bikes.
Types of e-bikes
In California, for instance, Lommele said, some city leaders were uncomfortable with Type 3 e-bikes using certain kinds of facilities. So the new law allows local municipalities to opt out of allowing that class of e-bike on local bikeways. And, even with the compromises, it's a law that Dave Snyder, the executive director of the California Bicycle Coalition, was excited to get passed.
"It used to be that e-bikes were treated like mopeds, they were not allowed on bike paths by default (though local jurisdictions could overrule that) and helmets were required," he explained. "We created a new kind of vehicle called a low-speed e-bike and the law basically treats them just like [traditional] bikes." That means e-bikes (types 1 and 2) are allowed anywhere, invalidating any previous prohibition. Type 3 e-bikes still have some additional regulations, including age and helmet requirements and the allowance for local municipalities to prohibit them from bike paths. But, overall, Snyder said, "it's a home run."
Lommele stressed increased attention to e-bikes, both positive and problematic, at the state level, and the interest of PFB and BPSA to support local advocates in their efforts. Find more information and resources — and find out how to get in touch with Lommele and Logemann — here.
