In the United States of America, Congress has defined a low-speed electric bicycle as any bicycle or tricycle with fully operable pedals, an electric motor not exceeding 750 W of power and a top motor-powered speed not in excess of 20 miles per hour (equivalent to the Canadian 32 km/h). An electric bike or trike that meets these limitations is regarded as a bicycle [8] by Public Law 107-319.[9] This Law defines electric bicycles only for the purpose of Consumer Product Safety and does not allow for their use on roads. It is a safety criteria that manufacturers should use in building electric bicycles, which helps protect manufacturers from the threat of lawsuits from within states that attempt to legislate more stringent safety requirements.
These are Federal regulations that put control of monitoring the safety of electric bicycles into the hands of the Consumer Products Safety Commission (CPSC), which supersede any state law that is more stringent, but only regarding safety equipment required on electric bicycles and not regarding whether electric bicycles are street legal. The states still decide what vehicles are allowed to use the roads in their state.
The U.S. Department of Energy reports that “Since [1998, when federal rules
regulating equipment on these vehicles became effective], 37 states have passed
legislation allowing these vehicles to be driven on roads with posted speed
limits of 35 miles per hour or lower.”
[10]
TEA-21 and SAFETEA-LU Specify that legal Ebikes, as defined above, are legal on urban bicycle trail systems getting any federal funding unless states or local entities have passed laws specifically dis-allowing electric assist bicycles. Under Federal Law, Ebikes are NOT considered motor vehicles unless the state or local entity has passed a law otherwise.
There is a MISCONCEPTION that when "motor vehicles" or "motorized vehicles" are disallowed by law or by signage, that this always means ebikes are illegal on trails. This is UNTRUE in many states; these terms do not include "legal low power electric assist bicycles", and can only be banned by passing a specific state or local law. (See TEA-21 Federal DOT Law)
SAFETEA-LU is a 2005 Federal Re-authorization of the 1990s TEA-21, and renews the exclusion of legal ebikes from the classification of 'motor vehicles' from urban trail use unless a specific local ebike statute is passed.
http://www.house.gov/transportation_democrats/Bike%20Book%2006.pdf
"Motorized vehicles are not permitted on trails and pedestrian walkways EXCEPT FOR: maintenance purposes, motorized wheelchairs, and—when State or local regulations permit—snowmobiles and electric bicycles. Electric bicycles are defined for the purposes of this Act as a bicycle or tricycle with a low-powered electric motor weighing less than 100 pounds with a top motor-powered speed not in excess of 20 miles per hour."
(The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, P.L.109-59 Available from the Government Printing Office or online at www.dot.gov. Title 23, United States Code. Available from the Government Printing Office or your local library system.)
There is some debate as to if and where the 100 lb rule applies. On the surface it appears to be valid on trails. Check your state and local laws for any recent changes.
As always, unsafe operation may be a specific illegal or civil matter to be handled by local courts.
27-51-1406 Warning by motorists to persons and animals on highway. Upon approaching a person walking upon or along a public highway, or a horse or other draft animal being ridden, led, or driven thereon, the operator of a motor vehicle or motor bicycle shall give reasonable warning of his approach and use every reasonable precaution to avoid injuring the persons or frightening the horses or other draft animals.
27-51-1407 Stopping for frightened horses. (a) Whenever it shall appear that any horse ridden or driven by any person upon any streets, roads, and highways is about to become frightened by the approach of any motor vehicle, it shall be the duty of the person driving or conducting the motor vehicle to cause it to come to a full stop until the horse shall have passed and, if necessary, assist in preventing an accident.
(b) Any person convicted of violating this section shall be fined in any sum not to exceed two hundred dollars ($200).
27-20-101. Definitions. As used in this subchapter, unless the context otherwise requires: (1) "Motorcycle" means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces more than two hundred fifty cubic centimeters (250 cc); (2) "Motor-driven cycle" means every motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces two hundred fifty cubic centimeters (250 cc) or less, but this definition shall not include a motorized bicycle; (3) "Motorized bicycle" means every bicycle with an automatic transmission and a motor which does not displace in excess of fifty cubic centimeters (50 cc); and (4) "Street or highway" means the entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
History. Acts 1959, No. 201, § 1; 1975, No. 206, § 1; 1977, No. 561, § 1; 1985, No. 972, § 1; A.S.A. 1947, § 75-1701; Acts 2005, No. 1942, § 1.
(a) It shall be unlawful for any person in the State of Arkansas: (1) To ride any motor-driven cycle other than upon or astride a permanent or regular seat attached thereto; (2) For any motor-driven cycle to be used to carry more than one (1) person unless it is equipped with a sidecar or an extra seat and supports for the passenger's feet; (3) For more than two (2) persons to ride on any motor-driven cycle; and (4) For any person under sixteen (16) years of age to carry another person as a passenger upon a motor-driven cycle or motorized bicycle. History. Acts 1959, No. 201, § 2; 1975, No. 206, § 2; A.S.A. 1947, § 75-1702; Acts 2005, No. 1762, § 1.
(b) It shall be unlawful for any person to operate a motorized bicycle upon interstate highways, limited access highways, or sidewalks. (c)(1)(A) It shall be unlawful for any person to operate a motorized bicycle upon a public street or highway within this state unless the person has a certificate to operate such a vehicle. (B) Any person who has a motor-driven cycle license or motorcycle license or a Class A, Class B, Class C, or Class D license shall qualify to operate a motorized bicycle and is not required to obtain a certificate from the Department of Arkansas State Police for the operation of a motorized bicycle. (2)(A)(i) All motorized bicycle certificates shall be issued by the Department of Arkansas State Police.
(ii) No certificate shall be issued to a person under ten (10) years of age. (B) Prior to being issued a certificate to operate a motorized bicycle, the applicant shall take and pass an examination pertaining to the rules of the road, a vision test, and a road test. (C)(i) The Department of Arkansas State Police shall charge a fee of two dollars ($2.00) for each certificate issued. (ii) The proceeds from these fees shall be deposited in the State Treasury as special revenues and credited to the Department of Arkansas State Police Fund
27-36-220. Lamps on bicycles. (a) Every bicycle shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred feet (500') to the front and with a lamp on the rear exhibiting a red light visible from a distance of five hundred feet (500') to the rear. (b) A red reflector meeting the requirements of § 27-36-215 may be used in lieu of a rear light.
History. Acts 1937, No. 300, § 110; Pope's Dig., § 6770; A.S.A. 1947, § 75-708.
27-36-215. Tail lamps and reflectors. (a)(1) Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one (1) tail lamp mounted on the rear, which, when lighted as required, shall emit a red light plainly visible from a distance of five hundred feet (500') to the rear. (2) In the case of a train of vehicles, only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. (3) Every mentioned vehicle, other than a truck tractor, registered in this state and manufactured or assembled after June 11, 1959, shall be equipped with at least two (2) tail lamps mounted on the rear, on the same level and as widely spaced laterally as practicable, which, when lighted as required, shall comply with the provisions of this section. (b) Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two inches (72") nor less than twenty inches (20"). (c)(1)(A) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible for a distance of fifty feet (50') to the rear. (B) It shall be a violation of this subsection (c) for any other color of light to be displayed around the registration plate or for white light to be excesssively used so as to render the registration plate illegible from a distance of less than fifty feet (50'). (2) Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted. (d)(1) Every new motor vehicle sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or separately, two (2) red reflectors. (2) Every motorcycle and every motor-driven cycle shall carry at least one (1) reflector, meeting the requirements of this section. (3) Vehicles of the type mentioned in § 27-36-219 shall be equipped with reflectors as required in those sections applicable thereto. (e)(1) Every reflector shall be mounted on the vehicle at a height not less than twenty inches (20") nor more than sixty inches (60"), measured as set forth in § 27-36-204 and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred fifty feet (350') to one hundred feet (100') from the vehicle when directly in front of lawful upper beams of headlamps. (2) Visibility from a greater distance will be required of reflectors on certain types of vehicles.
27-49-111. Use of bicycles or animals. Every person riding a bicycle
or an animal, or driving any animal drawing a vehicle upon a highway, shall have
all the rights and all of the duties applicable to the driver of a vehicle,
except those provisions of this act which by their nature can have no
applicability. Upon approaching a person walking upon or along a public highway,
or a horse or other draft animal being ridden, led, or driven thereon, the
operator of a motor vehicle or motor bicycle shall give reasonable warning of
his approach and use every reasonable precaution to avoid injuring the persons
or frightening the horses or other draft animals.
Opinion on Insurance Requirement for Motorized Bicycles
The Motor Vehicle Safety Responsibility Act, A.C.A. §§ 27�19�601 � 621 (1987 & Cum. Supp. 1991), requires motorists to carry a minimum amount of liability insurance as proof of financial responsibility. See A.C.A. §§ 27�19�605 (1987) and 27�19�713 (Cum. Supp. 1991). The provisions of the act apply to "any vehicle of a type subject to registration under the motor vehicle laws of this state." A.C.A. § 27�19�601 (Cum. Supp. 1991).
Arkansas Code Annotated § 27�14�703 (1987) requires "every motor vehicle driven or moved upon a highway" to be registered with the Office of Motor Vehicles. A "motor vehicle" is defined at A.C.A. § 27�19�206 (1987) as a "vehicle which is self�propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails." The fees for registration and licensing of such motor vehicles are set out at A.C.A. § 27�14�601 (Cum. Supp. 1991). Included among those "motor vehicles" for which registration fees are required are "motorcycles," "motor�driven cycles," and "motorcycle sidecars." A.C.A. § 27�14�601(a)(4) (Cum. Supp. 1991). "Motorized bicycles" are noticeably absent from this list. Prior to 1987, a registration fee was required for "motorbikes." However, Act 145 of 1987 altered this previous registration fee requirement from "motorbikes" to "motor�driven cycles." Id. Arkansas Code Annotated § 27�20�101 (1987) defines the terms "motorcycle," "motor�driven cycle," and "motorized bicycle." A "motor�driven cycle" is a "motor vehicle having a seat or saddle for use of the rider and designed to travel on no more than three (3) wheels in contact with the ground and having a motor which displaces two hundred fifty (250) cubic centimeters or less, but this definition shall not include a motorized bicycle." A.C.A. § 27�20�101(2). A motorized bicycle is a "bicycle with an automatic transmission and a motor which does not displace in excess of fifty (50) cubic centimeters." A.C.A. § 27�20�101(3). As can be seen from the definition set out in § 27�20�101(2) for "motor�driven cycle," such an apparatus is distinctly different from a "motorized bicycle."
It is thus my opinion that, as long as the device has a motor which does not exceed 50 cubic centimeters and has an automatic transmission, it will be classified as a motorized bicycle and, accordingly, is not required to be registered with the Office of Driver Services. Similarly, because such a device is not "a vehicle of a type subject to registration," the provisions of the Motor Vehicle Safety Responsibility Act requiring minimum liability insurance would also not be applicable to such "motorized bicycles."
The foregoing opinion, which I hereby approve, was prepared by Deputy Attorney General Elisabeth A. Walker.
Electric Bicycles are defined by California Vehicle Code section 406(b). The ebike equipment and operation requirements are listed in California Vehicle Code section 24016.
CVC 406(b) "Motorized Bicycle" states:
A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.
CVC 24016 "Motorized Bicycle Electric Motor: Safety and Equipment Requirements" states:
(a) A motorized bicycle described in subdivision (b) of Section 406 shall meet the following criteria:
(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.) or the requirements adopted by the National Highway Traffic Safety Administration (49 C.F.R. 571.1, et seq.) in accordance with the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec. 1381, et seq.) for motor driven cycles.
(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released, will cause the electric motor to disengage or cease to function.
(b) All of the following apply to a motorized bicycle described in subdivision (b) of Section 406:
(1) No person shall operate a motorized bicycle unless the person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212.
(2) A person operating a motorized bicycle is subject to Sections 21200 and 21200.5.
(3) A person operating a motorized bicycle is not subject to the provisions of this code relating to financial responsibility, driver's licenses, registration, and license plate requirements, and a motorized bicycle is not a motor vehicle.
(4) A motorized bicycle shall only be operated by a person 16 years of age or older.
(5) Every manufacturer of a motorized bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
(c) No person shall tamper with or modify a motorized bicycle described in subdivision (b) of Section 406 so as to increase the speed capability of the bicycle.
CVC 21200 "Laws Applicable to Bicycle Use: Peace Officer Exemption" states:
(a) Every person riding a bicycle upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.
(b)
(1) Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, operating a bicycle during the course of his or her duties is exempt from the requirements of subdivision (a), except as those requirements relate to driving under the influence of alcoholic beverages or drugs, if the bicycle is being operated under any of the following circumstances:
(A) In response to an emergency call.
(B) While engaged in rescue operations.
(C) In the immediate pursuit of an actual or suspected violator of the law.
(2) This subdivision does not relieve a peace officer from the duty to operate a bicycle with due regard for the safety of all persons using the highway.
CVC 21200.5 "Riding Bicycle Under Influence of Alcohol or Drugs" (source) states:
Notwithstanding Section 21200, it is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person’s blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person’s blood pursuant to Section 23612, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250). Violations of this section are subject to Section 13202.5.
In Summary, Electric Bicycles are basically, by law, to be operated like conventional bicycles in California. There are two exceptions to this. A person must be at least 16 years old CVC 24016(b)(4). And all persons riding electric bicycles must wear a bicycle helmet as per CVC 24016(b)(1)
To be classifies as an electric bicycle[CVC 406(b)], your bike basically must three specifications, has working pedals to propel the bike, the electric motor must be under 1000 watts, and the electric motor is incapable of propelling the bike faster than 20 miles per hour by electric power alone. There is also an unclear addition to CVC 406(b). That is CVC 406(b)(3), which states, "Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour." This is unusual, compared to other state law, such as in Florida, which removed such wording.
People driving/riding Electric bicycles are not required to have financial liability insurance, driver's licenses. And electric bicycles are not required to be registered or have a license plate as per CVC 24016(b)(3)
Additional laws or ordinances may apply to the use of electric bicycles by each city or county, such as
For more information on California law that applies to electric bicycles, se California Vehicle Code and the Department of Motor Vehicles of California. You may also search California Code by key word (LINK)
Advocacy: see California Coalition of Ebike users (via Cycle Santa Monica! and CSM! blog)
Updated Nov. 24 2006
Ebike definition in Colorado follows the HR 727 National Law: 20 mph e-power and 1 hp max, 2 or 3 wheels, pedals that work.
Streets and Roads: Legal low powered Ebikes are allowed on roads and bike LANES unless the city or county has passed laws to the contrary-none have to date.
Bicycles and Ebikes are disallowed on certain high speed highways and all Interstates unless signed as "Allowed" in certain rural Interstate stretches where the Interstate is the ONLY means of travel.
Recently (summer '06) a memo was issued to reduce some technical confusion regarding Colorado Electric bicycle laws:
(cut-n-paste) http://www.state.co.us/gov_dir/leg_dir/lcsstaff/2006/comsched/06TLRCPersDevMemo.pdf
Trails and sidewalks:
In Summary, unless the locality has specifically passed laws making ebikes illegal on sidewalks or trails, EBIKES ARE legal. However most business and shopping districts do not allow riding bikes or ebikes on sidewalks. Boulder and a few other cities specifically dis-allow ebikes on their trail systems through legal statute.
There is a MISCONCEPTION that when "motor vehicles" or "motorized vehicles" are disallowed by law or by signage, this would make ebikes illegal on trails. This is UNTRUE in Colorado. In Colorado and many other states, these terms do NOT include "legal low power electric assist bicycles", and can only be banned by passing a specific local law. (See TEA-21 Federal DOT Law)
SAFETEA-LU is a 2005 Federal Re-authorization of the 1990s TEA-21, and renews the exclusion of legal ebikes from the classification of motor vehicles from urban trail use unless a specific local statute is passed. http://www.house.gov/transportation_democrats/Bike%20Book%2006.pdf
There is some debate as to if and where the 100 lb rule applies. On the surface it appears to be valid on trails.
Check your local laws for any recent changes.
Complete Connecticut State Law Title 14 Section. 14-286 Through 14-289
Sec. 14-286. Use of bicycles and bicycles with helper motors. Regulations re bicycles on bridges.
Use of high-mileage vehicles. (a) Each person operating a bicycle upon and along a sidewalk or across any roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal within a reasonable distance before overtaking and passing a pedestrian. Each person operating a bicycle upon a roadway shall within a reasonable distance give an audible signal before overtaking and passing a pedestrian or another bicycle operator. No person shall operate a bicycle upon or along a sidewalk or across a roadway upon and along a crosswalk if such operation is prohibited by any ordinance of any city, town or borough or by any regulation of the State Traffic Commission issued or adopted pursuant to the provisions of section 14-298.
(b) No person shall ride a bicycle with a helper motor unless that person holds a valid motor vehicle operator's license. No person shall operate a bicycle with a helper motor at a rate of speed exceeding thirty miles per hour; nor shall any bicycle with a helper motor be operated on any sidewalk, limited access highway or turnpike.
(c)
(1) Notwithstanding the provisions of subsection (b) of this section, the Commissioner of Motor Vehicles may issue to a person who does not hold a valid operator's license a special permit that authorizes such person to ride a bicycle with a helper motor if (A) such person presents to the commissioner a certificate by a physician licensed to practice medicine in this state that such person is physically disabled, as defined in section 1-1f, other than blind, and that, in the physician's opinion, such person is capable of riding a bicycle with a helper motor, and (B) such person demonstrates to the Commissioner of Motor Vehicles that he is able to ride a bicycle (i) without a helper motor on level terrain, and (ii) with a helper motor. (2) Such permit may contain limitations that the commissioner deems advisable for the safety of such person and for the public safety, including, but not limited to, the maximum speed of the helper motor such person may use. No person who holds a valid special permit under this subsection shall operate a bicycle with a helper motor in violation of any limitations imposed in the permit. Any person to whom a special permit is issued shall carry the permit at all times while operating the bicycle with a helper motor. Each permit issued under this subsection shall expire one year from the date of issuance.
(d) Notwithstanding the provisions of any statute or regulation to the contrary, the State Traffic Commission shall adopt regulations in accordance with the provisions of chapter 54 determining the conditions and circumstances under which bicycle traffic may be permitted on those bridges in the state on limited access highways which it designates to be safe for bicycle traffic. Bicycle traffic shall not be prohibited on any such bridges under such conditions and circumstances.
(e) As used in this section: (1) "Sidewalk" means any sidewalk laid out as such by any town, city or borough, and any walk which is reserved by custom for the use of pedestrians, or which has been specially prepared for their use. "Sidewalk" does not include crosswalks and does not include footpaths on portions of public highways outside thickly settled parts of towns, cities and boroughs, which are worn only by travel and are not improved by such towns, cities or boroughs or by abutters; (2) "bicycle" includes all vehicles propelled by the person riding the same by foot or hand power or a helper motor; and (3) "helper motor" means a motor having a capacity of less than fifty cubic centimeters piston displacement, rated not more than two brake horsepower, capable of a maximum speed of no more than thirty miles per hour and equipped with automatic transmission.
(f) Any person who pleads not guilty of violation of any of the provisions of this section shall be prosecuted within fifteen days of such plea.
(g) No person may operate a high-mileage vehicle as defined in section 14-1 on any sidewalk, limited access highway or turnpike.
(h) Violation of any provision of this section shall be an infraction.
Sec. 14-286a. Rights, duties and regulation of cyclists.
(a) Every person riding a bicycle, as defined by section 14-286, upon the traveled portion of a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any vehicle subject to the requirements of the statutes relating to motor vehicles, except as to those provisions which by their nature can have no application and except that each town, city or borough and the State Traffic Commission within its jurisdiction as provided in section 14-298 shall have authority to regulate bicycles as provided in section 14-289 and said section 14-298, and except as provided by section 14-286c. No parent of any child and no guardian of any ward shall authorize or knowingly permit any such child or ward to violate any provision of the general statutes or ordinances enacted under section 14-289 relating to bicycles.
(b) Every person operating a bicycle solely by hand or foot power upon and along any sidewalk or across any roadway upon and along any crosswalk shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians walking in such areas as provided by the general statutes, except as provided otherwise by any ordinance of any city, town or borough or any regulation of the State Traffic Commission issued or adopted pursuant to the provisions of section 14-289.
Sec. 14-286b. Operation of bicycles; attaching to moving vehicle prohibited; carrying of passengers, packages, bundles and other articles restricted; at least one hand to be kept on handle bars. Operators of roller skates, sleds, skateboards, coasters and toy vehicles prohibited from attaching to moving vehicle. Penalty.
(a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when (1) making a left turn pursuant to subsection (b) of section 14-241, (2) overtaking and passing another vehicle proceeding in the same direction, (3) overtaking and passing pedestrians, parked vehicles, animals or obstructions on the right side of the highway, and (4) when the right side of the highway is closed to traffic while under construction or repair.
(b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast, as provided in this subsection, shall not impede the normal and reasonable movement of traffic, and, on a laned roadway, shall ride within a single lane.
(c) No person riding upon any bicycle, roller skates, sled, skateboard, coaster or toy vehicle shall attach the same or himself to any vehicle moving or about to move on a public roadway nor shall the operator of such vehicle knowingly permit any person riding a bicycle, roller skates, skateboard, coaster, sled or toy vehicle to attach the same or himself to such vehicle so operated or about to be operated, provided any person operating a bicycle solely by foot or hand power may attach a bicycle trailer or semitrailer thereto, provided such trailer or semitrailer is designed for such attachment.
(d) No person operating a bicycle, as defined by section 14-286, upon a roadway, path or part of roadway set aside for exclusive use of bicycles shall carry on such bicycle a passenger unless such bicycle is equipped or designed to carry passengers, provided any person who has attained the age of eighteen years may carry any child while such person is operating a bicycle propelled solely by foot or hand power, provided such child is securely attached to his person by means of a back pack, sling or other similar device. The term "child", as used in this subsection, means any person who has not attained the age of four years.
(e) No person operating a bicycle, as defined by section 14-286, shall carry any package, bundle or other article which prevents such person from using both hands in the operation of such bicycle. Each person operating such bicycle shall keep at least one hand on the handlebars thereof when such bicycle is in motion.
(f) Violation of any provision of this section shall be an infraction.
Sec. 14-286c. Left and right turns.
(a) Each person riding a bicycle upon the traveled portion of a highway and intending to make a left turn after proceeding pursuant to the provisions of section 14-244 or subsection (b) of this section, may in lieu of the procedure prescribed by section 14-241, approach as close as practicable to the right-hand curb or edge of the highway, proceed across the intersecting roadway and make such turn as close as practicable to the curb or edge of the highway on the far side of the intersection, provided such procedure is not prohibited by any regulation issued by any town, city, borough or the State Traffic Commission.
(b) Each person riding a bicycle upon the traveled portion of a highway and intending to make a right turn may in lieu of the procedure prescribed by section 14-244, before turning and while in motion or if stopped while waiting to turn signal such turn by extending his right hand and arm horizontally with forefinger extended.
(c) No person operating a bicycle upon the traveled portion of a highway and intending to make a right or left turn shall be required when making a signal of such intention to make such signal continuously.
Sec. 14-286d. Bicycle helmets. Children. Renting bicycles. Public awareness campaign.
(a) For the purposes of this section and section 14-286e, "bicycle" means any vehicle propelled by the person riding the same by foot or hand power.
(b) No child fifteen years of age or under shall operate a bicycle on the traveled portion of any highway unless such child is wearing protective headgear which conforms to the minimum specifications established by the American National Standards Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling. Failure to comply with this section shall not be a violation or an offense. Failure to wear protective headgear as required by this subsection shall not be considered to be contributory negligence on the part of the parent or the child nor shall such failure be admissible in any civil action.
(c) A law enforcement officer may issue a verbal warning to the parent or guardian of a child that such child has failed to comply with the provisions of subsection (b) of this section.
(d) A person, firm or corporation engaged in the business of renting bicycles shall provide a bicycle helmet conforming to the minimum specifications established by the American National Standards Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling to any person under sixteen years of age who will operate the bicycle if such person does not have a helmet in his possession. A fee may be charged for the helmet rental. Violation of any of the provisions of this subsection shall be an infraction.
(e) The Commissioner of Consumer Protection may establish, within available appropriations, a public awareness campaign to educate the public concerning the dangers of riding bicycles without helmets and to promote the use of safety helmets while riding bicycles.
Sec. 14-286e. Police officers on bicycles.
(a) A police officer operating a bicycle in response to an emergency call or while engaged in rescue operations or in the immediate pursuit of an actual or suspected violator of the law shall be exempt from the provisions of sections 14-286, 14-286a, 14-286b, 14-286c and 14-289 provided (1) the police officer is wearing a distinctive uniform and (2) the police officer has completed a course of instruction in basic police bicycle patrol certified by the Police Officer Standards and Training Council or an equivalent course of instruction.
(b) The exemptions granted in subsection (a) of this section shall apply only when such bicycle is making use of an audible warning signal device, including, but not limited to a siren, whistle or bell.
(c) The provisions of this section shall not relieve the operator of a bicycle from the duty to drive with due regard for the safety of all persons and property.
Sec. 14-286d. Bicycle helmets. Children. Renting bicycles. Public awareness campaign.
(a) For the purposes of this section and section 14-286e, "bicycle" means any vehicle propelled by the person riding the same by foot or hand power.
(b) No child fifteen years of age or under shall operate a bicycle on the traveled portion of any highway unless such child is wearing protective headgear which conforms to the minimum specifications established by the American National Standards Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling. Failure to comply with this section shall not be a violation or an offense. Failure to wear protective headgear as required by this subsection shall not be considered to be contributory negligence on the part of the parent or the child nor shall such failure be admissible in any civil action.
(c) A law enforcement officer may issue a verbal warning to the parent or guardian of a child that such child has failed to comply with the provisions of subsection (b) of this section.
(d) A person, firm or corporation engaged in the business of renting bicycles shall provide a bicycle helmet conforming to the minimum specifications established by the American National Standards Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling to any person under sixteen years of age who will operate the bicycle if such person does not have a helmet in his possession. A fee may be charged for the helmet rental. Violation of any of the provisions of this subsection shall be an infraction.
(e) The Commissioner of Consumer Protection may establish, within available appropriations, a public awareness campaign to educate the public concerning the dangers of riding bicycles without helmets and to promote the use of safety helmets while riding bicycles.
Sec. 14-286e. Police officers on bicycles.
(a) A police officer operating a bicycle in response to an emergency call or while engaged in rescue operations or in the immediate pursuit of an actual or suspected violator of the law shall be exempt from the provisions of sections 14-286, 14-286a, 14-286b, 14-286c and 14-289 provided (1) the police officer is wearing a distinctive uniform and (2) the police officer has completed a course of instruction in basic police bicycle patrol certified by the Police Officer Standards and Training Council or an equivalent course of instruction.
(b) The exemptions granted in subsection (a) of this section shall apply only when such bicycle is making use of an audible warning signal device, including, but not limited to a siren, whistle or bell.
(c) The provisions of this section shall not relieve the operator of a bicycle from the duty to drive with due regard for the safety of all persons and property.
Sec. 14-287.Carrying person other than operator on bicycle.
Section 14-287 is repealed.
Sec. 14-288.Lights, reflectors and brakes on bicycles. Whistle emitting devices prohibited.
(a) Each bicycle operated upon the public highway, during the times or under the conditions as provided in subsection (a) of section 14-96a, shall display a lighted lamp upon the forward part of such bicycle. Such lamp shall, when lighted, emit a white light which in clear weather shall be visible at a distance of not less than five hundred feet in the direction in which such bicycle is proceeding. Each bicycle shall also, at all times, be equipped with a reflector or reflecting tail light lens, which reflector or lens shall be attached to the rear of such bicycle in such manner as to reflect rays of light thrown upon the same, and such reflector or reflecting tail shall be visible at a distance of not less than six hundred feet from the rear when illuminated by the head lamps of a motor vehicle. Such bicycle shall also be equipped with reflective material so placed and of sufficient size and reflectivity to be visible from both sides of such bicycle at a distance of not less than six hundred feet when illuminated by the head lamps of a motor vehicle. Each bicycle shall also, at all times, be equipped with a braking device sufficient to enable the operator thereof to stop within twenty-five feet on dry, level and clean pavement when moving at a speed of ten miles per hour. No person shall equip a bicycle with a siren or device which emits a whistle or use a siren or device which emits a whistle while operating a bicycle.
(b) Operation of a bicycle in conflict with any provision of this section shall be an infraction.
Sec.14-289.Regulation of use of bicycles by municipality.
Each town, city and borough shall have authority to make any ordinance not inconsistent with section 14-286 or 14-288 or any regulation of the State Traffic Commission issued pursuant to section 14-298, respecting governing and controlling the use of bicycles within such town, city or borough, with appropriate penalties for violation thereof, which ordinances may include provisions requiring annual licensing of bicycles and providing for registration of any sale of, or change of ownership in, a bicycle.
Sec. 14-289a.Riding on motorcycle. Carrying of passenger.
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is properly equipped to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator. No operator of a motorcycle who has not held a license to operate a motorcycle for a period of three months shall carry any other person on such motorcycle. Violation of any provision of this section shall be an infraction.
"bicycle" in 316.003(2), Florida Statutes (2004). A bicycle is:
To be considered a "bicycle" under Hawaii law, a vehicle is required to be human propelled only.
A scooter with a motor of any kind must meet the State of Hawaii's safety guidelines as required of mopeds.
[§291C-127] Coasting prohibited. The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of the vehicle in neutral or with the clutch disengaged. [L 1971, c 150, pt of §1]
§291C-202 Moped equipment requirements and inspection. (a) Every moped offered for sale for use upon, sold for use upon, or used upon the roadways and highways shall be equipped with:
(1) A motor having a maximum power output capability, measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety-two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; provided that those mopeds, including those modified pursuant to section 291C-206, registered prior to April 23, 1998 shall continue to be subject to the prior thirty-five miles per hour maximum speed limitation; and
(2) A direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.
(b) The director of transportation by rules and regulations, pursuant to chapter 91, shall establish criteria which shall comply with approved federal regulations for the following moped equipment: brake system; fuel system components; exhaust system components; steering system; handlebars; wheel rims; fenders; a guard or protective covering for drive belts, chains and rotating components; seat or saddle; lamps and reflectors; equipment controls; speedometer; retracting stand; horn; and identification markings.
(c) The director of transportation by rules and regulations, pursuant to chapter 91, shall establish criteria and procedures for the annual safety inspection of every moped. Safety inspection criteria shall include the criteria established by the director of transportation under subsection (b). [L 1978, c 175, pt of §15; am L 1979, c 107, §2; am L 1998, c 25, §1]
[§291C-203] Certification of compliance. A person engaged in the business of selling mopeds shall provide to the director of finance of the county in which the mopeds are sold a certificate from the moped manufacturer that each class, type or model of moped offered for sale or sold meets the performance and equipment requirements of this part. [L 1978, c 175, pt of §15
4. HRS_0291C-0191.HTM
[PART XVI.] SPECIAL RULES FOR MOPEDS
[§291C-191] Definition. As used in this part "FMVSS" means Federal Motor Vehicle Safety Standard as prescribed in Title 49, Part 571, Code of Federal Regulations. [L 1978, c 175, pt of §15]
Latest update on IOWA
During the 2006 Iowa legislative session, a bill was passed, and subsequently signed into law, that changed the definition of a bicycle to include a bicycle that has an electric motor of less than 1 horse power. The new definition, found in Iowa Code section 321.1(40)c states:
"Bicycle" means either of the following: (1) A device having two wheels and having at least one saddle or seat for the use of a rider which is propelled by human power. (2) A device having two or three wheels with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than 20 miles per hour.
186.010 Sect. 186.010 Definitions
(5) "Moped" means either a motorized bicycle whose frame design may include one (1) or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have pedals rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour.
See Also:
http://www.lrc.ky.gov/KRS/186-00/010.PDF
138.450 Definitions for KRS 138.455 to 138.470.
http://www.lrc.ky.gov/krs/138-00/450.PDF
http://www.lrc.ky.gov/recarch/98RS/SB275/SCS1.doc
Louisville Wheelman "Cyclists and the Law in Kentucky"
http://www.louisvillebicycleclub.org/jul97/kylaws.htm
"Bicycle Safety" News article
http://www.clarkcoatty.com/mr_archive.phtml?pid=73
An analysis of Kentucky law (9/12/2006):
Electric bicycle fits under the definition of "moped" under Kentucky law. You don't need tag or insurance, but you need a driver's license.
138.450 Exempts mopeds from excise taxes. (http://www.lrc.ky.gov/krs/138%2D00/450.pdf)
186.410, 186.4101, 186.412, 186.430, 186.450, 186.560 Establishes the requirement to have an operator's license to operate a moped. (http://www.lrc.ky.gov/krs/186%2D00/410.pdf) (http://www.lrc.ky.gov/krs/186%2D00/4101.pdf) (http://www.lrc.ky.gov/krs/186%2D00/412.pdf) (http://www.lrc.ky.gov/krs/186%2D00/430.pdf) (http://www.lrc.ky.gov/krs/186%2D00/450.pdf) (http://www.lrc.ky.gov/krs/186%2D00/560.pdf)
186A.080, 186.010 Exempts mopeds from title and registration requirements. (http://www.lrc.ky.gov/krs/186a00/080.pdf) (http://www.lrc.ky.gov/krs/186%2D00/010.pdf)
187.290 Excludes Mopeds from motor vehicle financial responsibility laws. (http://www.lrc.ky.gov/krs/189%2D00/040.pdf)
189.040 Requires that Mopeds be equipped with 1 or 2 headlights. (http://www.lrc.ky.gov/krs/189%2D00/040.pdf)
189.285 Excludes Moped from from helmet requirements. (http://www.lrc.ky.gov/krs/189%2D00/285.pdf)
189.752 Excludes Mopeds from laws regarding notification and removal of abandoned vehicles from state highways. (http://www.lrc.ky.gov/krs/189%2D00/752.pdf)
190.010, 190.090 Excludes mopeds from most laws regarding motor vehicle sales. (http://www.lrc.ky.gov/krs/190%2D00/010.pdf) (http://www.lrc.ky.gov/krs/190%2D00/090.pdf)
281A.170 Establishes "Class E" moped only license.
304.39-020 Excludes mopeds from having to have insurance. (http://www.lrc.ky.gov/krs/304%2D39/020.pdf)
367.841 Removes most laws regarding the purchase of motor vehicles from applying to the purchaser of mopeds. (http://www.lrc.ky.gov/krs/367%2D00/841.pdf)
The legal definition/description of an electric bicycle is most closely
described in the code as a "motorized scooter" in that it is powered by an
electric motor and/or human power. You can find it
"PART I. ADMINISTRATION OF THE GOVERNMENT, TITLE XIV. PUBLIC WAYS AND WORKS,
CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT, MOTOR VEHICLES, Chapter 90: Section 1.
Definitions". It may be also be described as a "Motorized bicycle". However,
that description does not include electric powered motor specifically. And it
appears that the legal definition "Motorized Bicycle" and "Motorized Scooter"
are in conflict.
CODE REGARDING LEGAL DESCRIPTION OF ELECTRIC BICYCLES:
"PART I. ADMINISTRATION OF THE GOVERNMENT, TITLE XIV. PUBLIC WAYS AND WORKS, CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT, MOTOR VEHICLES, Chapter 90: Section 1. Definitions"
Chapter 90: Section 1. Definitions
The following words used in this chapter shall have the following meanings, unless a different meaning is clearly apparent from the language or context, or unless such construction is inconsistent with the manifest intention of the legislature:
Motorized bicyclea pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour.(source)
Motorized scooter,
any 2 wheeled tandem or 3 wheeled device, that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion. The definition of “motorized scooter” shall not include a motorcycle or motorized bicycle or a 3 wheeled motorized wheelchair.(source)
CODE REGARDING OPERATION OF ELECTRIC BICYCLES:
PART I. ADMINISTRATION OF THE GOVERNMENT, TITLE XIV. PUBLIC WAYS AND WORKS, CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT, MOTOR VEHICLES
Chapter 90: Section 1B. Motorized bicycles; operation regulations
A motorized bicycle shall not be operated upon any way, as defined in section one within the commonwealth by any person under sixteen years of age, nor at a speed in excess of twenty-five miles per hour. A motorized bicycle shall not be operated on any way by any person not possessing a valid driver’s license or learner’s permit. Every person operating a motorized bicycle upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this section, except that: (1) the motorized bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, and (2) the motorized bicycle operator shall signal by either hand his intention to stop or turn. Motorized bicycles may be operated on bicycle lanes adjacent to the various ways, but shall be excluded from off-street recreational bicycle paths. Every person operating a motorized bicycle or riding as a passenger on a motorized bicycle shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe, and no person operating a motorized bicycle shall permit any other person to ride a passenger on such motorized bicycle unless such passenger is wearing such protective headgear. A person convicted of a violation of this section shall be punished by a fine of not more than twenty-five dollars for the first offense, not less than twenty-five nor more than fifty dollars for a second offense, and not less than fifty nor more than one hundred dollars for subsequent offenses committed.
PART I. ADMINISTRATION OF THE GOVERNMENT, TITLE XIV. PUBLIC WAYS AND WORKS, CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT, MOTOR VEHICLES
Chapter 90: Section 7S. Motorcycle sound emissions; definitions
“Motorcycle”, any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including any bicycle with a motor or driving wheel attached, except a tractor or a motor vehicle designed for carrying golf clubs and not more than four persons, an industrial three-wheel truck, or a motor vehicle on which the operator and passengers ride within an enclosed cab.
"Powersport vehicle", any motor vehicle defined as a motorcycle or motorized bicycle by section 1 of chapter 90 and required to be registered under chapter 90 regardless of curb weight or any motor vehicle required to be registered under sections 20 to 35, inclusive, of chapter 90B having a curb weight of not more than 1,000 pounds.
Minnesota law enforcement and the general public currently have many
questions related to the increased use of motorized bicycles, scooters, and
electric-assisted bicycles. The following information is a brief overview of
current state law on the subject of motorized bicycles. For more complete
regulations, consult state statutes and rules.
To legally operate a motorized bicycle or electric-assisted bicycle the
operator must be licensed, the motorized bicycle/electric-assisted bicycle must
be registered in one of the following definitions and meet the required safety
equipment. If the operator or the motorized bicycle/electric- assisted bicycle
does not meet all requirements, they will not be legal for street/highway use
(including the sidewalk).
DEFINITIONS:
To qualify as a motorized bicycle under state law they need to have:
• Motor of a piston displacement capacity of 50 cubic centimeters or less
• Maximum of two brake horsepower
• Maximum speed of not more than 30 mph on a flat surface
• Fully operable pedals for human propulsion are not required, but may be a part
of the machine.
To qualify as an electric-assisted bicycle under state law they need to have:
• Has a seat and fully operable pedals for human propulsion
• Meets federal motor vehicle safety standards
• Has an electric motor that has a power output of not more than 1,000 watts
• Maximum speed of not more than 20 mph (electric motor and human power
combined)
• Disengages or ceases to function when the vehicle’s brakes are applied.
• Two or three wheels
DRIVERS LICENSE REQUIRMENTS AND RESTRICTIONS:
To operate a motorized/electric-assisted bicycle on the streets or highways a
person must:
• Have a valid driver’s license or a motorized bicycle permit.
A person under the age of 16 operating a motorized/electric-assisted bicycle
under a motorized bicycle permit is subject to the following restrictions:
• No passengers (a parent or guardian my ride if the motorized/electric
assisted bicycle is equipped with a seat and footrests for a passenger)
• No night driving
• No driving on any highway marked as an interstate
• Must wear a helmet
• Foot rests for passengers (if designed for passenger(s)
A motorized bicycle permit is available to persons of at least 15 years of
age who have passed the motorized bicycle test or passed a motorized bicycle
course.
REQUIRED EQUIPMENT
• Headlight and taillight (headlight must be on at all times when operated on
streets or highways)
• At least one rear view mirror
• Helmet use required of any operator or passenger of a motorized bicycle if
under the age of 18.
• Helmet use required for any operator of an electric–assisted bicycle
regardless of age and any passenger under the age of 18.
• Must have a permanent seat (no passenger(s) unless designed to accommodate
passenger(s))
• Eye protection is required by the operator (not required for electric-assisted
bicycles)
• Directional signals if operated at night
• Working horn
• Working brake
INSURANCE REQUIREMENTS
A motorized bicycle would need the same coverage as a motorcycle would in
this state. An electric-assisted bicycle would NOT need coverage.
PARKING RULES
A person may park a motorized/electric-assisted bicycle on a sidewalk unless
prohibited or restricted by local authorities. It must not impede the normal and
reasonable movement of pedestrians or other traffic.
DRIVING RULES
Operators are subject to driving rules and equipment requirements (if
applicable) when operated on the public streets or highways (which includes the
main traveled portion of the road, shoulder and sidewalk). This means that an
operator could be cited for speeding, failure to signal, unsafe change of
course, driving on the sidewalk, DWI (this would apply to anywhere in the state
and not just the streets/highways), and all other driving rules contained within
state law that would apply. They may also not ride more than two abreast and may
not impede the normal and reasonable movement of traffic. On a laned roadway,
they must operate within a single lane.
The operator of a motorized bicycle must ride as close as practicable to the
right-hand curb or edge of the roadway with several exceptions (may not operate
on the shoulder of the roadway).
The operator of an electric-assisted bicycle may operate on the shoulder of a
roadway if the electric-assisted bicycle is traveling in the same direction as
the adjacent vehicular traffic.
RELATED STATE LAWS
169.01 subd 4a and 4b
169.222 subd 9
169.223
169.974
171.02 subd 3
65B.001 subd 5
169.797
168.011 subd 27
Code of Federal Regulations, title 49, sections 571.01 et seq.
From http://moped2.org/laws/New-Jersey.htm
New Jersey Moped Laws Moped definition
A motorized bicycle, or moped, is defined by law as a pedal bicycle with a helper motor that has a maximum piston displacementof less than 50 cubic centimeters, or no more than 1.5 brake horsepower,and is capable of a maximum speed of no more than 25 miles per hour on a flat surface. A ticket can be issued to moped operators if they are traveling faster than 25 mph in a 30 mph speed zone.Motorized tricycles are not legal in New Jersey and cannot beoperated on public roadways.
Although they resemble bicycles, MOPEDs are heavier and handle differently. They usually require longer braking distances to stop, don't turn as quickly and are harder to pedal than bicycles. Moped License requirements
Operators must carry a valid driver license, registration certificate and insurance identification card while driving a MOPED. Failure to do so can result in a fine up to $50. How to Obtain a Moped License
Moped registration
Owners must Title and register their vehicles before they can be driven on public roadways. Only MOPEDs approved by Motor Vehicle Services can be titled and registered. The titling fee is $20. The registration fee is $8 a year. MOPEDs must have a special MOPED license plate displayed on the rear of the vehicle. You can title and register the MOPED at any motor vehicle agency.
Moped insurance
Obtain liability insurance covering bodily injury up to $15,000, death up to $30,000, and property damage up to $5,000. Other moped laws
Electric motor assisted bicycles have been banned in the State of New York and are not permitted for on-road use.[12]
The New York State DMV's "Frequently Asked Questions" website states:
"Motor-assisted Bicycle - a bicycle to which a small motor is attached. A motor-assisted bicycle does not qualify for a registration as a motorcycle, moped or ATV and does not have the same equipment."
It continues,
"These devices are not allowed on any street, highway, parking lot, sidewalk or other area that allows public motor vehicle traffic. You are subject to arrest if you operate one of these motorized vehicles and do not have a registration, driver license, inspection, insurance or correct equipment. The DMV can not provide any information about operation of these devices on private property. Contact the local authorities and property owners."
It appears the only known allowance of an electric bicycle is if it is an electric powered moped, at this time.
Other Resources:
A00071: Proposed Bill to Allow Use of Electric Bicycles in New York
(please note, this bill has NOT YET been passed into law!)
A00071 Memo:
TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to
the definition of electric assisted bicycle
PURPOSE:
This bill clarifies the vehicle and traffic law to define electric assisted bicycles; establish that electric assisted bicycles, as defined, are bicycles, not motor vehicles; and establish safety and operational criteria for their use.
SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new Section 102-c to the vehicle and
traffic law, defining electric assisted bicycles as:
A bicycle with two or three wheels which has a saddle and fully operative
pedals for human propulsion, and also has an electric motor.
However, the electric motor should not have a power output of more than one
thousand watts, and should be incapable of propelling the device at a speed of
more than twenty miles per hour on level ground. The electric motor should also
be incapable of further increasing the speed of the device when human power
alone is used to propel the device at or more than twenty miles per hour.
Section 2 adds an exception in section 125 of the vehicle and traffic
law to the statutory definition of motor vehicle for electric assisted bicycles.
Section 3 adds a new section 1240 to the vehicle and traffic law,
making the rules, regulations and provisions of the vehicle and traffic law
applicable to bicycles applicable to electric assisted bicycles; makes the
federal equipment and manufacturing requirements for bicycles or motor driven
cycles applicable to electric assisted bicycles; and adds the following
operational and safety requirements for electric assisted bicycles: electric
motor disengagement criteria; all operators and passengers are required to wear
bicycle helmets; and no-one under the age of 16 may operate or as a passenger on
an electric assisted bicycle and establishes the civil fine and enforcement
procedures for failure to wear a helmet.
Section 4 is the effective date.
EXISTING LAW: None.
JUSTIFICATION: Defining and establishing operational criteria for
electric assisted bicycles will clarify for authorities that these vehicles are
more akin to bicycles than motorcycles. This will assist in interpreting the
application of the appropriate vehicle and traffic laws to operators and
passengers of these vehicles.
PRIOR LEGISLATIVE HISTORY:
2004 A.588 - Passed Assembly; S.7389 - died in Senate Rules Committee
2000 Original bill - Died in Assembly Transportation Committee.
1999 Original bill - Died in Assembly Transportation Committee.
1998 Original bill - Died in Assembly Transportation Committee.
1997 Original bill -Reported by Assembly Transportation Committee;
Died in Assembly Rules Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
The following is from:
http://www.dotdevuat.state.pa.us/pdotforms/pub_45/section_ab.pdf
This chapter implements 75 Pa. C.S. §§4101-4982, (relating to vehicle characteristics).
(For fastest access to pertinent information on motorized bicycles, search the document for "motorized pedalcycle.")
Section 175.2 "Definitions" defines "motorized pedalcycle":
A motor-driven cycle equipped with operable pedals, a motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission and a maximum design speed of no more than 25 miles per hour.
Section 175.4 "Vehicles Required To Be Inspected" lists exceptions. Exception Number 6 is "A motorized pedalcycle."
The following PennDOT fact sheet gives a definition for "moped" that is identical to the definition of "motorized pedalcycle," above, and lists the following criteria:
1. Engine may not exceed 50 cubic centimeters. 2. Engine may not exceed 1.5 brake horsepower rating. 3. Operable pedals required. 4. Automatic transmission required. 5. Design speed may not be more than 25 miles per hour. 6. Does not require inspection. 7. Moped plate issued. 8. Annual registration fee is $9.00. 9. No helmet or eye protection required for driver. 10. Class C required on Driver’s License.*
http://www.dmv.state.pa.us/pdotforms/fact_sheets/fs-momo.pdf
Comment: This definition was clearly written with gasoline powered pedalcycles in mind. The requirement of an automatic transmission is troublesome for those who just want to add an electric-assist motor to a bicycle, for almost all bicycles have transmissions consisting of chains and manually shifted sprockets.
Comment: The motors do not connect to the shiftable gears of a standard ten speed. They connect to the other side of the wheel on a separate sprocket. They are not shiftable.
It is also troubling that a moped plate and drivers license are required. Ordinary bicycles without power-assist frequently exceed 25 mph, even on the level, when ridden by strong cyclists. Power assist that meets the criteria above is irrelevant to downhill speeds.
Motorized Bicycle: The motorized bicycle does not have to be
registered nor does a certificate of title need to be obtained. An owner may
register the vehicle under regulations issued by the Commissioner of Safety.
No endorsement is required on a driver license in order to operate a motorized
bicycle, thus the motorized bicycle may be operated by anyone with a valid
driver license.
Goggles, windshields and other special equipment required for motorcycles and
motor-driver cycles are not required for operation of a motorized bicycle.
However, crash helmets are required regardless of operators age.
Minors between the ages of 14 and 16 may apply for a restricted license to
operate a motorized bicycle, just as they would to operate a motor-driver cycle.
For instance, they must take a written test, vision tests and demonstrate their
ability to operate the motorized bicycle. The license issued will be restricted
to a motorized bicycle only. The license is valid only during daylight hours and
within a seven-mile radius of the driver's home. Applicants for any type of
license less than eighteen (18) years old, must complete a Minor/Teen-age
Affidavit and Cancellation form making the parent or legal guardian financially
liable for the applicants action.
See original source for news report on use of
Electric Bicycles in Tennessee.
"Bicycles" and "Electric Bicycles" are legally defined in the Texas
Transportation Code, Subtitle C. Rules of the Road, Chapter 541,"Definintions"
as follows:
Sec. 541.201. Vehicles. In this subtitle:
(2) "Bicycle" means a device that a person may ride and that is propelled by human power and has two tandem wheels at least one of which is more than 14 inches in diameter. The following definition of electric bicycle was passed by the Texas legislature in 2001:
(24) "Electric bicycle" means a bicycle that:
(A) is designed to be propelled by an electric motor, exclusively or in combination with the application of human power;
(B) cannot attain a speed of more than 20 miles per hour without the application of human power; and
(C) does not exceed a weight of 100 pounds.
The law reqarding the "operation" of "bicycles" and "electric bicycles" are
in the Texas Transportation Code, Chapter 551., titled "Operation of Bicycles,
Mopeds, and Play Vehicles" in Subchapter A, B, C, and D. as follows:
SUBCHAPTER A.
Sec. 551.001. PERSONS AFFECTED.
Except as provided by Subchapter C, this chapter applies only to a person operating a bicycle[0] on:
(1) a highway; or
(2) a path set aside for the exclusive operation of bicycles[0].
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 1318, § 4, eff. Sept. 1, 2003.
§ 551.002. MOPED AND ELECTRIC BICYCLE[0] INCLUDED.
A provision of this subtitle applicable to a bicycle[0] also applies to:
-(1) a moped, other than a provision that by its nature cannot apply to a moped; and
-(2) an electric bicycle[0], other than a provision that by its nature cannot apply to an electric bicycle[0].
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, § 9, eff. Sept. 1, 2001.
SUBCHAPTER B. REGULATION OF OPERATION
§ 551.101. RIGHTS AND DUTIES.
(a) A person operating a bicycle[0] has the rights and duties applicable to a driver operating a vehicle under this subtitle, unless:
(1) a provision of this chapter alters a right or duty; or
(2) a right or duty applicable to a driver operating a vehicle cannot by its nature apply to a person operating a bicycle[0].
(b) A parent of a child or a guardian of a ward may not knowingly permit the child or ward to violate this subtitle.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 551.102. GENERAL OPERATION.
(a) A person operating a bicycle[0] shall ride only on or astride a permanent and regular seat attached to the bicycle[0].
(b) A person may not use a bicycle[0] to carry more persons than the bicycle[0] is designed or equipped to carry.
(c) A person operating a bicycle[0] may not use the bicycle[0] to carry an object that prevents the person from operating the bicycle[0] with at least one hand on the handlebars of the bicycle[0].
(d) A person operating a bicycle[0], coaster, sled, or toy vehicle or using roller skates may not attach either the person or the bicycle[0], coaster, sled, toy vehicle, or roller skates to a streetcar or vehicle on a roadway.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 551.103. OPERATION ON ROADWAY.
(a) Except as provided by Subsection (b), a person operating a bicycle[0] on a roadway who is moving slower than the other traffic on the roadway shall ride as near as practicable to the right curb or edge of the roadway, unless:
-(1) the person is passing another vehicle moving in the same direction;
-(2) the person is preparing to turn left at an intersection or onto a private road or driveway; -(3) a condition on or of the roadway, including a fixed or moving object, parked or moving vehicle, pedestrian, animal, or surface hazard prevents the person from safely riding next to the right curb or edge of the roadway; or
-(4) the person is operating a bicycle[0] in an outside lane that is:
--(A) less than 14 feet in width and does not have a designated bicycle[0] lane adjacent to that lane; or
--(B) too narrow for a bicycle[0] and a motor vehicle to safely travel side by side.
(b) A person operating a bicycle[0] on a one-way roadway with two or more marked traffic lanes may ride as near as practicable to the left curb or edge of the roadway.
(c) Persons operating bicycles[0] on a roadway may ride two abreast. Persons riding two abreast on a laned roadway shall ride in a single lane. Persons riding two abreast may not impede the normal and reasonable flow of traffic on the roadway. Persons may not ride more than two abreast unless they are riding on a part of a roadway set aside for the exclusive operation of bicycles[0].
(d) Repealed by Acts 2001, 77th Leg., ch. 1085, § 13, eff. Sept. 1, 2001.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, § 10, 13, eff. Sept. 1, 2001.
§ 551.104. SAFETY EQUIPMENT.
(a) A person may not operate a bicycle[0] unless the bicycle[0] is equipped with a brake capable of making a braked wheel skid on dry, level, clean pavement.
(b) A person may not operate a bicycle[0] at nighttime unless the bicycle[0] is equipped with:
-(1) a lamp on the front of the bicycle[0] that emits a white light visible from a distance of at least 500 feet in front of the bicycle[0]; and
-(2) on the rear of the bicycle[0]:
--(A) a red reflector that is:
---(i) of a type approved by the department; and
---(ii) visible when directly in front of lawful upper beams of motor vehicle headlamps from all distances from 50 to 300 feet to the rear of the bicycle[0]; or
--(B) a lamp that emits a red light visible from a distance of 500 feet to the rear of the bicycle[0].
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1085, § 11, eff. Sept. 1, 2001.
§ 551.105. COMPETITIVE RACING.
(a) In this section, "bicycle[0]" means a nonmotorized vehicle propelled by
human power.
(b) A sponsoring organization may hold a competitive bicycle[0] race on a public
road only with the approval of the appropriate local law enforcement agencies.
(c) The local law enforcement agencies and the sponsoring organization may agree
on safety regulations governing the movement of bicycles[0] during a competitive
race or during training for a competitive race, including the permission for
bicycle[0] operators to ride abreast.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 551.106. REGULATION OF ELECTRIC BICYCLES.
(a) The department or a local authority may not prohibit the use of an electric
bicycle[0] on a highway that is used primarily by motor vehicles. The department
or a local authority may prohibit the use of an electric bicycle[0] on a highway
used primarily by pedestrians.
(b) The department shall establish rules for the administration of this section.
Added by Acts 2001, 77th Leg., ch. 1085, § 12, eff. Sept. 1, 2001.
SUBCHAPTER C. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES
Sec. 551.201. DEFINITION.
In this subchapter, "electric personal assistive mobility device" means a two non-tandem wheeled device designed for transporting one person that is:
(1) self-balancing; and
(2) propelled by an electric propulsion system with an average power of 750 watts or one horsepower.
Added by Acts 2003, 78th Leg., ch. 1318, § 5, eff. Sept. 1, 2003.
Sec. 551.202. OPERATION ON ROADWAY.
(a) A person may operate an electric personal assistive mobility device on a residential street, roadway, or public highway with a speed limit of 30 miles per hour or less only:
(1) while making a direct crossing of a highway in a marked or unmarked crosswalk;
(2) where no sidewalk is available; or
(3) when so directed by a traffic control device or by a law enforcement officer.
(b) A person may operate an electric personal assistive mobility device on a path set aside for the exclusive operation of bicycles[0].
(c) Any person operating an electric personal assistive mobility device on a residential street, roadway, or public highway shall ride as close as practicable to the right-hand edge.
(d) Except as otherwise provided by this section, provisions of this title applicable to the operation of bicycles[0] apply to the operation of electric personal assistive mobility devices.
Added by Acts 2003, 78th Leg., ch. 1318, § 5, eff. Sept. 1, 2003.
Sec. 551.203. SIDEWALKS.
A person may operate an electric personal assistive mobility device on a sidewalk.
Added by Acts 2003, 78th Leg., ch. 1318, § 5, eff. Sept. 1, 2003.
SUBCHAPTER D. NEIGHBORHOOD ELECTRIC VEHICLES
Sec. 551.301. DEFINITIONS.
Text of section as amended by Acts 2005, 79th Leg., ch. 281, § 2.86
In this subchapter: (1) "Neighborhood electric vehicle" means a vehicle
subject to Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section
571.500). (2) "Motor assisted scooter":
(A) means a self-propelled device with:
(i) at least two wheels in contact with the ground during operation;
(ii) a braking system capable of stopping the device under typical operating
conditions; (iii) a gas or electric motor not exceeding 40 cubic centimeters;
(iv) a deck designed to allow a person to stand or sit while operating the
device; and
(v) the ability to be propelled by human power alone; and
(B) does not include a pocket bike or minimotorbike. (3) "Pocket bike or
minimotorbike" means a self-propelled vehicle that is equipped with an electric
motor or internal combustion engine having a piston displacement of less than 50
cubic centimeters, is designed to propel itself with not more than two wheels in
contact with the ground, has a seat or saddle for the use of the operator, is
not designed for use on a highway, and is ineligible for a certificate of title
under Chapter
501. The term does not include: (A) a moped or motorcycle; (B) an electric
bicycle[0] or motor-driven cycle, as defined by Section 541.201; (C) a motorized
mobility device, as defined by Section 542.009; (D) an electric personal
assistive mobility device, as defined by Section 551.201; or (E) a neighborhood
electric vehicle. Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1325, § 19.07, eff. Sept. 1, 2003.
Amended by Acts 2005, 79th Leg., ch. 281, § 2.86, eff. June 14, 2005.
Sec. 551.301. DEFINITION.
Text of section as amended by Acts 2005, 79th Leg., ch. 1242, § 2In this
subchapter, "neighborhood electric vehicle" means a vehicle subject to Federal
Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500).
Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1325, § 19.07, eff. Sept. 1, 2003. Amended by Acts 2005, 79th
Leg., ch. 1242, § 2, eff. June 18, 2005.
Sec. 551.302. REGISTRATION.
The Texas Department of Transportation may adopt rules relating to the
registration and issuance of license plates to neighborhood electric vehicles.
Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003.
Sec. 551.303. OPERATION ON ROADWAYS.
(a) A neighborhood electric vehicle may be operated only on a street or highway
for which the posted speed limit is 35 miles per hour or less. A neighborhood
electric vehicle may cross a road or street at an intersection where the road or
street has a posted speed limit of more than 35 miles per hour.
(b) A county or municipality may prohibit the operation of a neighborhood
electric vehicle on a street or highway if the governing body of the county or
municipality determines that the prohibition is necessary in the interest of
safety.
(c) The Texas Department of Transportation may prohibit the operation of a
neighborhood electric vehicle on a highway if that department determines that
the prohibition is necessary in the interest of safety.
Added by Acts 2003, 78th Leg., ch. 1320, § 7, eff. Sept. 1, 2003.
Sec. 551.304. APPLICATION OF SUBCHAPTER TO POCKET BIKE OR MINIMOTORBIKE.
This subchapter may not be construed to authorize the operation of a pocket bike
or minimotorbike on any:
(1) highway, road, or street;
(2) path set aside for the exclusive operation of bicycles[0]; or
(3) sidewalk.
Added by Acts 2005, 79th Leg., ch. 281, § 2.87, eff. June 14, 2005.
SUBCHAPTER E. MOTOR-ASSISTED SCOOTERS
Sec. 551.351. DEFINITION.
In this subchapter, "motor-assisted scooter" means a self-propelled device with:
(1) at least two wheels in contact with the ground during operation;
(2) a braking system capable of stopping the device under typical operating
conditions;
(3) a gas or electric motor not exceeding 40 cubic centimeters;
(4) a deck designed to allow a person to stand or sit while operating the
device; and
(5) the ability to be propelled by human power alone.
Added by Acts 2005, 79th Leg., ch. 1242, § 3, eff. June 18, 2005.
Sec. 551.352. OPERATION ON ROADWAYS OR SIDEWALKS.
(a) A motor-assisted scooter may be operated only on a street or highway for
which the posted speed limit is 35 miles per hour or less. The motor-assisted
scooter may cross a road or street at an intersection where the road or street
has a posted speed limit of more than 35 miles per hour.
(b) A county or municipality may prohibit the operation of a motor-assisted
scooter on a street, highway, or sidewalk if the governing body of the county or
municipality determines that the prohibition is necessary in the interest of
safety.
(c) The department may prohibit the operation of a motor-assisted scooter on a
highway if it determines that the prohibition is necessary in the interest of
safety.
(d) A person may operate a motor-assisted scooter on a path set aside for the
exclusive operation of bicycles[0] or on a sidewalk. Except as otherwise
provided by this section, a provision of this title applicable to the operation
of a bicycle[0] applies to the operation of a motor-assisted scooter.
(e) A provision of this title applicable to a motor vehicle does not apply to a
motor-assisted scooter.
Added by Acts 2005, 79th Leg., ch. 1242, § 3, eff. June 18, 2005.
According to Utah Code (http://www.le.state.ut.us/~2002/bills/hbillamd/hb0171.pdf) (line 108) a motor-driven cycle means:
Essentially, an electric bicycle is classified as a motor vehicle.
Some definitions in the Virginia Code [13]
"Moped" means every vehicle that travels on not more than three wheels in contact with the ground that has (i) a seat that is no less than 24 inches in height, measured from the middle of the seat perpendicular to the ground and (ii) a gasoline, electric, or hybrid motor that displaces less than 50 cubic centimeters. For purposes of Chapter 8 (§ 46.2-800 et seq.) of this title, a moped shall be a vehicle while operated on a highway.
"Motor-driven cycle" means every motorcycle that has a gasoline engine that (i) displaces less than 150 cubic centimeters; (ii) has a seat less than 24 inches in height, measured from the middle of the seat perpendicular to the ground; and (iii) has no manufacturer-issued vehicle identification number.
"Electric power-assisted bicycle" means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than 1,000 watts that reduces the pedal effort required of the rider. For the purposes of Chapter 8 of this title, an electric power-assisted bicycle shall be a vehicle when operated on a highway.
"Bicycle" means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children. For purposes of Chapter 8 (§ 46.2-800 et seq.) of this title, a bicycle shall be a vehicle while operated on the highway.
"Bicycle lane" means that portion of a roadway designated by signs and/or pavement markings for the preferential use of bicycles, electric power-assisted bicycles, and mopeds.
§ 46.2-800. Riding bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, or mopeds; riding or driving animals.
Every person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or an animal or driving an animal on a highway shall be subject to the provisions of this chapter and shall have all of the rights and duties applicable to the driver of a vehicle, unless the context of the provision clearly indicates otherwise.
The provisions of subsections A and C of § 46.2-920 applicable to operation of emergency vehicles under emergency conditions shall also apply, mutatis mutandis, to bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds operated under similar emergency conditions by law-enforcement officers.
(Code 1950, § 46-183; 1958, c. 541, § 46.1-171; 1980, c. 456; 1981, c. 585; 1989, c. 727; 1994, c. 176; 2001, c. 834; 2002, c. 254.)
"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth, including the streets and alleys, and, for law-enforcement purposes, (i) the entire width between the boundary lines of all private roads or private streets that have been specifically designated "highways" by an ordinance adopted by the governing body of the county, city, or town in which such private roads or streets are located and (ii) the entire width between the boundary lines of every way or place used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the Commonwealth.
WASHINGTON STATE LAWS Related to Electric-Assisted Bicycles As of Jan 2005
RCW 46.04.169 Electric-assisted bicycle.
"Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than one thousand watts, be incapable of propelling the device at a speed of more than twenty miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond twenty miles per hour.
RCW 46.20.500 Special endorsement -- Exceptions.
(1) No person may drive either a two-wheeled or a three-wheeled motorcycle, or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles.
(2) However, a person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.
(3) No driver's license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate an electric-assisted bicycle.
(4) No driver's license is required to operate an electric personal assistive mobility device or a power wheelchair.
(5) No driver's license is required to operate a motorized foot scooter. Motorized foot scooters may not be operated at any time from a half hour after sunset to a half hour before sunrise without reflectors of a type approved by the state patrol.
RCW 46.37.530 Motorcycles, motor-driven cycles, mopeds, electric-assisted bicycles -- Helmets, other equipment -- Children -- Rules.
(1) It is unlawful:
For any person to operate or ride upon a motorcycle, motor-driven cycle, or moped on a state highway, county road, or city street unless wearing upon his or her head a motorcycle helmet except when the vehicle is an antique motor-driven cycle or automobile that is licensed as a motorcycle or when the vehicle is equipped with seat belts and roll bars approved by the state patrol. The motorcycle helmet neck or chin strap must be fastened securely while the motorcycle or motor-driven cycle is in motion. Persons operating electric-assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets;
(2) The state patrol may adopt and amend rules, pursuant to the Administrative Procedure Act, concerning standards for glasses, goggles, and face shields.
RCW 46.61.710 Mopeds, EPAMDs, electric-assisted bicycles, motorized foot scooters -- General requirements and operation.
(1) No person shall operate a moped upon the highways of this state unless the moped has been assigned a moped registration number and displays a moped permit in accordance with the provisions of RCW 46.16.630.
(2) Notwithstanding any other provision of law, a moped may not be operated on a bicycle path or trail, bikeway, equestrian trail, or hiking or recreational trail.
(3) Operation of a moped, electric personal assistive mobility device, or an electric-assisted bicycle on a fully controlled limited access highway is unlawful. Operation of a moped or an electric-assisted bicycle on a sidewalk is unlawful.
(4) Removal of any muffling device or pollution control device from a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not apply to electric-assisted bicycles. Electric-assisted bicycles and motorized foot scooters may have access to highways of the state to the same extent as bicycles. Subject to subsection (6) of this section, electric-assisted bicycles and motorized foot scooters may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit the access of electric-assisted bicycles and motorized foot scooters, and state agencies may regulate the use of motorized foot scooters on facilities and properties under their jurisdiction and control.
(6) Subsections (1) and (4) of this section do not apply to motorized foot scooters. Subsection (2) of this section applies to motorized foot scooters when the bicycle path, trail, bikeway, equestrian trail, or hiking or recreational trail was built or is maintained with federal highway transportation funds. Additionally, any new trail or bicycle path or readily identifiable existing trail or bicycle path not built or maintained with federal highway transportation funds may be used by persons operating motorized foot scooters only when appropriately signed.
(7) A person operating an electric personal assistive mobility device (EPAMD) shall obey all speed limits and shall yield the right-of-way to pedestrians and human-powered devices at all times. An operator must also give an audible signal before overtaking and passing a pedestrian. Except for the limitations of this subsection, persons operating an EPAMD have all the rights and duties of a pedestrian.
(8) The use of an EPAMD may be regulated in the following circumstances:
(a) A municipality and the department of transportation may prohibit the operation of an EPAMD on public highways within their respective jurisdictions where the speed limit is greater than twenty-five miles per hour;
(b) A municipality may restrict the speed of an EPAMD in locations with congested pedestrian or nonmotorized traffic and where there is significant speed differential between pedestrians or nonmotorized traffic and EPAMD operators. The areas in this subsection must be designated by the city engineer or designee of the municipality. Municipalities shall not restrict the speed of an EPAMD in the entire community or in areas in which there is infrequent pedestrian traffic;
(c) A state agency or local government may regulate the operation of an EPAMD within the boundaries of any area used for recreation, open space, habitat, trails, or conservation purposes.
Electrically-assisted cycles are usually classified as either pedelecs or e-bikes. Under European Union regulations adopted in the UK in June 2003, only power-assisted cycles meeting the pedelec classification are considered to be pedal cycles;
The maximum power allowed in the European Union for (pedelec) electric bicycles is 250 W, with a maximum assisted speed of 25 km/h.EU definition for "pedelec" style electric-assist bicycle
To meet the pedelec specification the electric motor must be activated by the rider's pedalling effort and the power must cut out completely whenever the rider stops pedalling. Control of the motor by pedalling is often the key difference between a pedelec and e-bike.
Earlier UK regulations required that the motor has an average power output limited to 200 W (250 W for tricycles and tandems) and weight limited to 40 kg (60 kg for tricycles and tandems). These regulations must come in-line with the EU regulations by (find deadline).
For models sold before June 2003, e-bikes conforming to the speed, weight and power limits may also be considered pedal cycles.
Electric bikes with higher power outputs, or those not meeting the "pedelec" definition are now treated as motorcycles and require a license.
A bicycle can have a 250 W electric motor providing the top speed is limited to 25 km/h. Also the motor can only assist as one pedals.
See Electric Bicycle and Electric Scooter Public Charging Station (Florance Italy)
Electrically Assisted Pedal Cycle Regulations 1983 [14] Summary of UK Legal requirements [15] (but see also European Union)
See video documentary on Electric Bicycles in Vietnam
Regulations on electric bicycles in Japan
New Electric Bicycle Law in the USA
A new US
law states that
electric bicycles with
fully functioning pedals, no more than 750 watts of motor power output, and a
top speed of 20 mph on motor power only, are to be treated as "bicycles", and
are not subject to motorized vehicle laws.
The US Senate has recently passed bill SR1156 which defines a clear legal
definition of what an
electric bicycle is
in the USA.
This is now a new law (H.R. 727), which has been signed by the president, and gives the Consumer Product Safety Commission the responsibility for governing the safety of new production model electric bicycles, and will define a bicycle that has pedals capable of propeling the bicycle, an electric motor of no more than 750 watts, and a top speed with motor power only of 20 mph as a "bicycle".
Electric bicycles that
fall under this category are not required to be registered or licenced, and no
drivers license is required to drive them. They are subject to all the rules of
the road, and additional laws governing the operation and safety of
electric bicycles may
extended by state or local governments. This new
law offers the freedom of
being able to use an electric
bicycle on public roads
and bike trails to people in every state.
Electric Bicycle Laws in California
California Motor Vehicle Code:
406(a) A "motorized bicycle"
or "moped" is any two-wheeled or three-wheeled device having fully operative
pedals for propulsion by human power, or having no pedals if powered solely by
electrical energy, and an automatic transmission and a motor which produces less
than 2 gross brake horsepower and is capable of propelling the device at a
maximum speed of not more than 30 miles per hour on level ground.
ESP's California
Electric "Moped"
Law Summary: In
California an electric
"moped" is NOT required to have pedals, and can not be capable of
traveling at speeds above 30 mph on level ground on the motors power only.
Mopeds require obtaining a one time licence plate and registration card at the
DMV. Moped licencing in California is only $6.00 and never expires or needs to
be re-registered. Drivers must obey all rules of the road, wear a DOT approved
motorcycle helmet, and be over 16 years old with a valid learners permit or
drivers licence. No insurance is required.
(b) A "motorized
bicycle" is also a device
that has fully operative pedals for propulsion by human power and has an
electric motor that meets
all of the following requirements:
(1) Has a power output of not more than 1,000 watts.(2) Is incapable of
propelling the device at a speed of more than 20 miles per hour on ground
level.
(3) Is incapable of further increasing the speed of the device when human power
is used to propel the motorized
bicycle faster than 20
miles per hour.
SEC. 3. Section 24016 is added to the Vehicle Code, to read:
24016. (a) A motorized
bicycle described in subdivision (b) of Section 406 shall meet the following
criteria:
(1) Comply with the equipment and manufacturing requirements for bicycles
adopted by the Consumer Product Safety Commission or the requirements adopted by
the National Highway Traffic Safety Administration in accordance with the
National Traffic and Motor Vehicle Safety Act of 1966 for motor driven cycles.
(2) Operate in a manner so that the
electric motor is
disengaged or ceases to function
when the brakes are applied, or operate in a manner such that the motor is
engaged
through a switch or mechanism that, when released, will cause the
electric motor to
disengage or cease to function.
(b) All of the following apply to a motorized
bicycle described in
subdivision (b) of Section
406:
(1) No person shall operate a motorized
bicycle unless the person
is wearing a properly
fitted and fastened bicycle
helmet that meets the standards described in Section 21212.
(2) A person operating a motorized
bicycle is subject to
Sections 21200 and 21200.5.
(3) A person operating a motorized
bicycle is not subject to
the provisions of this code
relating to financial responsibility, driver's licenses, registration, and
license plate
requirements, and a motorized
bicycle is not a motor vehicle.
(4) A motorized bicycle
shall only be operated by a person 16 years of age or older.
ESP's California
Electric
Bicycle
Law Summary: In
California an electric "bicycle"
needs to have fully operational pedals, can not be capable of traveling at
speeds over 20 mph on level ground using the motors power only, and must have
under 1000 Watts of motor power output. Drivers must obey all rules of the road,
wear a bicycle helmet,
and be over 16 years old. No insurance is required. No driver license or vehicle
licensing or registration is required.
Electric Scooter Laws in
California
ESP's California Electric Scooter Law Summary:
On October 10, 1999, Governor Gray Davis signed into law the Motorized Scooter Bill (SB441) and the Transportation Committee Omnibus Bill (AB1650). The bills clarify the laws regarding the use of motorized scooters. The provisions in these bills became laws on January 1, 2000. The definition of a motorized scooter is any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator and is powered by an electric motor that is capable of propelling the device with or without human propulsion. A device that is powered by a source other than electrical power is also a motorized scooter.
California Motor Vehicle Code:
407.5. (a) A "motorized scooter" is any two-wheeled device that has handlebars,
is designed to be stood or sat upon by the operator, and is powered by an
electric motor that is
capable of propelling the device with or without human propulsion. For purposes
of this section, a motorcycle, as defined in Section 400, a motor-driven cycle,
as defined in Section 405, a motorized
bicycle or moped, as
defined in Section 406, or a toy, as defined in Section 108550 of the Health and
Safety Code, is not a motorized scooter.
21221. Every person operating a motorized scooter upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which, by their very nature, can have no application.
21221.5. Notwithstanding Section 21221, it is unlawful for any person to operate a motorized scooter upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood or breath for the purpose of determining the alcoholic or drug content of that person's blood pursuant to subdivision (d) of Section 23157, and, if so requested, the arresting officer shall have the test performed. A conviction of a violation of this section shall be punished by a fine of not more than two hundred fifty dollars ($250).
21223. (a) Every motorized scooter operated upon any highway during darkness shall be equipped with the following:
(1) Except as provided in subdivision (b), a lamp emitting a white light which, while the motorized scooter is in motion, illuminates the highway in front of the operator and is visible from a distance of 300 feet in front and from the sides of the motorized scooter.
(2) Except as provided in subdivision (c), a red reflector on the rear that is visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
(3) A white or yellow reflector on each side visible from the front and rear of the motorized scooter from a distance of 200 feet.
(b) A lamp or lamp combination, emitting a white light, attached to the operator and visible from a distance of 300 feet in front and from the sides of the motorized scooter, may be used in lieu of the lamp required by paragraph (1) of subdivision (a).
(c) A red reflector, or reflectorized material meeting the requirements of Section 25500, attached to the operator and visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of the reflector required by paragraph (2) of subdivision (a).
21224. (a) A person operating a motorized scooter is not subject to the provisions of this code relating to financial responsibility, registration, and license plate requirements, and, for those purposes, a motorized scooter is not a motor vehicle.
(b) A motorized scooter is exempt from the equipment requirements in Division 12 (commencing with Section 24000), except for Sections 24003 and 27400, Article 4 (commencing with Section 27450) of Chapter 5 of Division 12, and Section 27602.
(c) Notwithstanding subdivision (b), any motorized scooter may be equipped with equipment authorized by Division 12 (commencing with Section 24000).
(d) Any motorized scooter equipped with lighting equipment that is authorized by Division 12 (commencing with Section 24000) shall meet the lighting requirements in Article 1 (commencing with Section 24250) of Chapter 2 of Division 12 for that equipment.
21225. This article does not prevent local authorities, by ordinance, from regulating the registration of motorized scooters and the parking and operation of motorized scooters on pedestrian or bicycle facilities, if the regulation is not in conflict with this code.
21227. (a) A motorized scooter shall comply with one of the following:
(1) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied.
(2) Operate in a manner so that the motor is engaged through a switch or mechanism that, when released, will cause the electric motor to disengage or cease to function.
(b) It is unlawful for a person to operate a motorized scooter that does not meet one of the requirements of subdivision (a).
21228. (a) Any person operating a motorized scooter upon a highway at a speed less than the normal speed of traffic moving in the same direction at that time shall ride as close as practicable to the right-hand curb or right edge of the roadway, except under the following situations:
(1) When overtaking and passing another vehicle proceeding in the same direction.
(2) When preparing for a left turn, the operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians in Chapter 5 (commencing with Section 21950).
(3) (A) When reasonably necessary to avoid conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes, which make it unsafe to continue along the right-hand curb or right edge of the roadway, subject to Section 21656.
(B) For the purposes of subparagraph (A), a "substandard width lane" is a lane that is too narrow for a motorized scooter and another vehicle to travel safely side by side within the lane.
(4) Any person operating a motorized scooter upon a highway that carries traffic in one direction only and has two or more marked traffic lanes may operate the motorized scooter as near the left-hand curb or left edge of that roadway as practicable.
However, when preparing for a right turn, the operator shall stop and dismount as close as practicable to the left-hand curb or left edge of the highway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians in Chapter 5 (commencing with Section 21950).
21229. (a) Whenever a class II bicycle lane has been established on a roadway, any person operating a motorized scooter upon the roadway shall ride within the bicycle lane, except that the person may move out of the lane under any of the following situations:
(1) When overtaking and passing another vehicle or pedestrian within the lane or when about to enter the lane if the overtaking and passing cannot be done safely within the lane.
(2) When preparing for a left turn, the operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians in Chapter 5 (commencing with Section 21950).
(3) When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
(4) When approaching a place where a right turn is authorized.
(b) No person operating a motorized scooter shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in Chapter 6 (commencing with Section 22100) in the event that any vehicle may be affected by the movement.
21230. Notwithstanding any other provision of law, a motorized scooter may be operated on a bicycle path or trail or bikeway, unless the local authority or the governing body of a local agency having jurisdiction over that path, trail, or bikeway prohibits that operation by ordinance.
21235. The operator of a motorized scooter shall not do any of the following:
(a) Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.
(b) Operate a motorized scooter on a highway with a speed limit in excess of 25 miles per hour unless the motorized scooter is operated within a class II bicycle lane.
(c) Operate a motorized scooter without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212.
(d) Operate a motorized scooter when the operator is under the age of 16 years.
(e) Operate a motorized scooter with any passengers in addition to the operator.
(f) Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars.
(g) Operate a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.
(h) Operate a motorized scooter on the highway with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip area.
(i) Leave a motorized scooter lying on its side on any sidewalk, or park a motorized scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic.
(j) Attach the motorized scooter or himself or herself while on the roadway, by any means, to any other vehicle on the roadway.
22411. No person shall operate a motorized
scooter at a speed in excess of 15 miles per hour.
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