E-Bikes and the Law

The weather’s great (well not really, it’s 20F outside today) and you’re ready to hit the bike trails with your shinny new e-bike! What could possibly go wrong?

Looks like Florida, but we have similar signs here in Doylestown.

So, you might wonder, “can I actually ride my e-bike on these trails?” Great question, and I’m glad you asked. The answer is, “it depends”. If you live in Pennsylvania, this is what the state says (pdf file):

  • E-bikes are defined as “pedalcycles with electric assist,” so long as the e-bike’s motor is under 750w, has a maximum speed of 20mph, and has operable pedals – the same rules of the road apply to both e-bikes and human-powered bicycles
  • E-bikes are not subject to the registration, licensing or insurance requirements
  • Helmets are not required but the age minimum for e-bike use is 16 years
  • E-bikes are allowed on sidewalks but it is unclear whether they are allowed on bike paths
  • PA State – E-bikes are permitted in Pennsylvania state parks and state forests where bicycles are permitted

Like I said, “it depends” – on your local bike path policies and enforcement.

Also worth reading, though it doesn’t really clear things up, is this:

Breaking News… According to the Bicycle Access Council of PA, Electric-Assist bicycles are now legal on Pennsylvania roadways as part of Act 154.

  • “Electric-Assist bicycles are now legal on Pennsylvania roadways as part of Act 154.
  • E-Bikes now will be allowed if: they include operable pedals, speed limit of 20 mph under power, motor rated at no more than 750 watts (1 hp), no more than 3 wheels, weight not more than 100 pounds, and not to be operated by persons under 16 years old.
  • This is not universally meant to cover electric-assist bicycles on non-motorized trails or shared use paths, which may still be prohibited by policy in accordance with the intended use design.
  • However, electric-assist bicycles have been included under the Americans with Disabilities Act (ADA) recently, so persons who are medically disabled may use them regardless of trail rules.”

Where does this leave us now that we’re confronted with the infamous “NO MOTOR VEHICLES” sign at the trail head?

Here’s my opinion: “Ride On”. You’re riding a bicycle, you’re being responsible by maintaining a reasonable speed for the given trail, you’re respectful of fellow bikers, walkers, etc. and use your bell and voice to let others know you’re approaching and passing, and you’re even friendly to the bicycle purist that sneers at you for ‘cheating’ by having a ‘motor’ on your bicycle, whether you’re using it or not! OR if you fall within the scope of the ADA (American with Disabilities Act), you might carry your handicap placard and the pertinent sections of the ADA and see if that’s a get-out-of-jail-free card. Again, it will all depend on local enforcement and their interpretation of the policies in place.

Better would be for those in charge of this sort of thing to clearly spell out what the rules are and their justification. Instead of “NO MOTOR VEHICLES”, state clearly that “Class 1 and 2 electric-assist bicycles are permitted and must comply with posted speed limits“. By definition, Class 1 and 2 e-bikes are power limited to 20mph, so this is a very reasonable thing to require.

  • Class 1 e-bikes are limited to a top speed of 20 miles per hour, and the electric motor works only when the rider is pedaling. A bike that has an electric motor that assists only during pedaling is called a pedelec.
  • Class 2 e-bikes are also limited to a top speed of 20 miles per hour, but they have throttles that work when you’re not pedaling. Most Class 2 ebikes offer electrically assisted pedaling alongside throttles.
  • Class 3 e-bikes can go up to 28 miles per hour and must have a speedometer

Why don’t local jurisdictions make this abundantly clear so they can provide reasonable enforcement for the safety of all trail users? I believe it’s because they haven’t engaged the community to understand the need for clearer rules, and enforcement has been nonexistent so the courts have yet to see the impact of weak, unenforceable policies. Meanwhile, there are a number of bad-actors (30mph e-bikes) that are creating a poor image for all e-bike riders.

My advice then, in the absence of sensible signage, is to not be one of the bad actors. Ride your e-bike like you would have ridden your regular bicycle in your younger years and no one gets busted for violating the “NO MOTOR VEHICLES” rule.

Disclaimer: I offer absolutely no guarantee that you won’t end up in the slammer after your lovely ride along the Neshaminy Greenway Trail – I discovered this one last Fall…

**update**

Stephanie J. Mason, the Doylestown Township Manager, has invited me to attend their Bike/Hike Committee meeting February 15 to discuss the topic of E-Bikes. In preparation for that meeting, I put together some notes intended to help the discussion move forward. My notes can be found here. In a future update, I’ll provide a summary of this meeting as it related to the use of electric bicycles in our community.

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