Okay Im sorry ahead of time, read about half way if you dont want to hear my annoyances with ignorant cops, judges, etc and no nothing happened - I just feel terrible for people who are ignorant and think they really cant ride e bikes in their states on the roads. Because Im tired of hearing - My state wont let me ride eBikes, i Got tickets I couldnt get out or my favorite - my lawyer told me to plea to disorderly conduct. This comes from first HR727 which passed in 107th congress and was proceeded in congress on the same date it passed as Report HR107-5 That law was amended later to include pedal requirements and one other but its insignificant in this explanation and wont affect your legality or understanding of what is and isnt legal. A cop telling you your riding a Motor Vehicle = NOT LEGAL A Judge upholding a ticket = NOT LEGAL A cop writing you Motor Vehicle Tickets = NOT LEGAL A cop impounding or towing your eBike = NOT LEGAL Basically everything they try to do to limit power below 750w, below 20mph on roadways (unless posted speed is lower, bicyclists still have to follow some basic rules right) is against the law and just because it has a motor doesnt make it Motor Vehicle thanks to the Congress (never thought Id say that either). So first they defined Light Weight Electric Bicycle, then turned over jurisdiction to Consumer Product Safety Act not National Transportation Organization in fact HR727 law actually removes the very jurisdiction and puts it where normal bicycles are regulated because eBikes are not Motor Vehicles... But wait it gets better... Here is the exact (excerpt but portrayed in context): CONSUMER PRODUCT SAFETY ACT * * * * * * * low-speed electric bicycles Sec. 38. (a) Notwithstanding any other provision of law, low- speed electric bicycles are consumer products within the meaning of section 3(a)(1) and shall be subject to the Commission regulations published at section 1500.18(a)(12) and part 1512 of title 16, Code of Federal Regulations. (b) For the purpose of this section, the term ``low-speed electric bicycle means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph. (c) To further protect the safety of consumers who ride low- speed electric bicycles, the Commission may promulgate new or amended requirements applicable to such vehicles as necessary and appropriate. (d) This section shall supersede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a). Let me break it down for you ladies and Gents (Feel free to repost on ES or I am going to, just to settle the debate once and for all): A.) Read the sections they refer to, it means low speed electric bicycles (another definition for a 20mph lightweight electric bicycle, of note but not important) - Consumer Protection Safety Organization (ever hear of Specialized, Audi, Fugi going to a Consumer Protection Safety Organization testing facility, nope... they dont exist, there is no need) B.) Here we define low-speed electric bicycle by its amended constraints, and remember I told you there were a few surprises or loopholes? 2-3 Wheels, thats the same. Fully functional pedals, thats new but no big deal right?. Motor of less than 750w, not rated at 750w but just 750w and 1hp which means a 4kw motor detuned to 750 is technically legal. Ready for the one thing which escapes everyone? when powered soley by the motor while being ridden but not pedaled the speed cant exceed 20mph - the gag is on a modern bike with low resistance tires even average riders can easily sustain 25-30mph themselves on flats. Now those riders output 200-300w, for argument lets say 200 watts of power... According to the 20mph unless they are also putting in power (pedaling) which since 200-250w would cover 20 mph if you pedal a tad even without effort you can turn up the full 750w for 3x the power output and 5-8 mph faster speeds (lots of fun and legal). D.) I think is my personal Favorite: This section shall supersede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a). And that my ES Facebook Friends is why eBikes are actually legal at a federal level and any state laws which restrict, prohibit on roadways, etc, or attempt to pass inspection ordinances or such are in direct violation of this FEDERAL LAW and the body which has jurisdiction over it. Once they write you a ticket, take your bike, etc... you have a FEDERAL CIVIL SUIT and those lawyers love this shit when your right and can prove it. It will require a proper Legal Enforcement or Mode modification so you have on and off road but we can come up with that, faster than you think. In that legal mode, you are 100% protected by Federal Laws. I will obviously take any arguments as I can always be wrong, not a lawyer but I did stay at a holiday inn express last night... Seriously a question for all of you, what country, state or province and town or city do you live in, what are you eBike laws what are speed limits? I know in the Germany you can have 350 but must always be pedaling and No Throttle allowed so pure low powered pedal assist and above the kph limit the motor must stop applying further power... What are your locals like, just for all of our references? But now my US eBike Friends know where they stand Legally if ever there is a problem, you can also print copies of the HR 727 law, I keep that a copy of the 401 to 1 vote to make it law and the addended law requiring pedals and having the 20mph without rider input or whatever the other change was. Hey on the lighter side of things, did you see the Lightweight weight limit for the bike dry? 100 lbs? Lets see Full Sus - 35 lbs (no carbon) Recumpence dual stage Davinci drive with 3215 or 3220 - 6-7 lbs Strong freewheeling Bottom Bracket Drive - 4 lbs 2000w Charger in Panier or Trunk or Bar Bag wherever - 6 lbs ---- Total weight without batteries: 52 lbs so 48 lbs left for packs... Assuming 12S Lipo and 4T 3220 or 6T 3220 169 kV Now the power pack - how does 50AH 12S 20C sound at just about 43 lbs, thats 2200 wh or 1000 miles range at 22wh per mile for 1000 miles :) Okats ubsurd but imagine what 100 lbs of bike would be capable of, guess the MotoPed offroad bikes are legal if they have pedals - should make quick disconnect - ive seen em somewhere. That was my .50c Sorry to go on so long but Im passionate about my convictions that Federal Law Protects us eBikers Peace (-
Posted on: Mon, 19 Jan 2015 18:53:21 +0000
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