Electric Bikes - Electric bike and drivers license

In my state massachuetts a drivers license is needed to use an electric bike, I dont have an electric bike. But federal law says something like this

Federal law says that an electrically driven bicycle is considered a "bicycle" and the laws of bicycles
apply if:
o Electrically driven bicycle has less than 750 watt motor
o Functional pedals
o Max speed is less than 20mph
· The Federal law shall supersede any State law or requirement with respect to low-speed
electric bicycles.

So does federal law override massachuetts law?

state law always trumps federal law, the rumors to the contrary are wishful thinking. If MA says you need a license then get a license or they will ticket you if stopped and you could possibly have your bike impounded.

No, Federal law does not override state law. If it's illegal in your state, then you are pretty much screwed. Like in New York. There are people in New York who ride them anyway, though. Here in my state, I've had no one even pay attention to me while I'm riding. Cops just drive on by. I have two e-bikes and have had one up to 37 mph and the other went 31 mph on a regular basis. As long as you aren't being reckless, I don't think you'll have anything to worry about. My recommendation is to take a regular mountain bike or road bike and convert it or buy one of the ready-made scooters. The people who usually get pulled over are the ones who build the e-bikes that look like choppers or motorcycles.

Federal law can, and often does, override state laws, e.g., matters of civil rights. With regard to motor vehicles, however, the states have the right to regulate traffic within their jurisdiction. The Federal law relating to low-speed electric bicycles deals with safety issues such as construction of the vehicle, not the operation of the electric bicycle nor where and where they may not be used. The Federal law with regard to the safety of e-bikes does supersede state laws unless the state law is intended to increase the safety of the vehicle. Under the Federal law the e-bike must comply with 16CFR Part 1512(b) for the general description of a low-speed electric bicycle, and then must comply with the rest of 16CFR Part 15 as it pertains to all classes of bicycles. The Federal law was intended to relieve the manufacturers of e-bikes from the need to comply with the stringent regulations of meeting FMVSS requirements for motor vehicles. A number of states, such as Nevada, recently, hold that since qualifying e-bikes are not motor vehicles under Federal law, that they are no longer subject to motor vehicle requirements and permit them to be operated without license, registration, or insurance. Massachusetts is not among the states that has adopted this rule.

Jim Wood
Veloteq
Houston, TX
:recum:

What a Nation of little girls we've become. I hope we get taxed and regulated into oblivion. :lol:

What a Nation of little girls we've become. I hope we get taxed and regulated into oblivion. :lol:

That well could happen. With healthcare and cap'n'trade on the books, I don't know how much the people will take. That said, remember we put them in office. If people aren't willing to stand up to the politicians that make these laws then we deserve what we get.

"When liberty is taken away by force it can be restored by force. When it is relinquished voluntarily by default it can never be recovered."
Dorothy Thompson

"Any fool can make things bigger, more complex, and more violent. It takes a touch of genius-and a lot of courage-to move in the opposite direction."
Albert Einstein

"The world is not dangerous because of those who do harm but because of those who look at it without doing anything"
Albert Einstein

"Intellectuals solve problems, geniuses prevent them."
Albert Einstein

I hope massachuetts can kick deval out of office this november.

In my state massachuetts a drivers license is needed to use an electric bike, I dont have an electric bike. But federal law says something like this

Federal law says that an electrically driven bicycle is considered a "bicycle" and the laws of bicycles
apply if:
o Electrically driven bicycle has less than 750 watt motor
o Functional pedals
o Max speed is less than 20mph
· The Federal law shall supersede any State law or requirement with respect to low-speed
electric bicycles.

So does federal law override massachuetts law?

The misconception in the e-bike community is that there is a federal statute that says an e-bike with a motor less than 750W and that travels under 20 MPH has to be treated as a bicycle for all purposes. This is simply not accurate. I will repeat this again. The federal standards only come into play with respect to which federal agency's safety standards apply to ready-made e-bikes sold in the US. Those ready-made electric bicycles sold in the US with speeds under 20MPH and motor under 750W simply have to meet consumer bicycle safety standards set by the Consumer Product Safety Administration. The rationale for this lower safety standard for "low-powered electric bicycles" is that they're a consumer product, not a "motor vehicle." Those bikes with specs exceeding those standards that are sold in the US have to meet the more stringent safety standards for mopeds and motorcycles set by the National Highway Transportation Safety Administration, meaning beefier frames and brakes as well as signal lights and headlights and tail lights.

Congress has left it up to the individual states on how to regulate the operation of electric bicycles on public rights of way, including licensing. Many in Congress aren't necessarily big fans of e-bikes; with respect to federally-funded pedestrian/bike trails and walkways, Congress issued a prohibition on their use by electric bicycles unless a State has authorized such use by "electric bicycles". (See the permanent amendments to Section 217(h) of Title 23 of the United States effective upon enrollment of Public Law 105-178.)

Federal law can, and often does, override state laws, e.g., matters of civil rights. With regard to motor vehicles, however, the states have the right to regulate traffic within their jurisdiction. The Federal law relating to low-speed electric bicycles deals with safety issues such as construction of the vehicle, not the operation of the electric bicycle nor where and where they may not be used. The Federal law with regard to the safety of e-bikes does supersede state laws unless the state law is intended to increase the safety of the vehicle. Under the Federal law the e-bike must comply with 16CFR Part 1512(b) for the general description of a low-speed electric bicycle, and then must comply with the rest of 16CFR Part 15 as it pertains to all classes of bicycles. The Federal law was intended to relieve the manufacturers of e-bikes from the need to comply with the stringent regulations of meeting FMVSS requirements for motor vehicles. A number of states, such as Nevada, recently, hold that since qualifying e-bikes are not motor vehicles under Federal law, that they are no longer subject to motor vehicle requirements and permit them to be operated without license, registration, or insurance. Massachusetts is not among the states that has adopted this rule.

Jim Wood
Veloteq
Houston, TX
:recum:

Jim,

You're the only other e-bike enthusiast I've run into who understands that the federal definition only establishes which federal agency's safety standards are applied to ready-made e-bikes sold in the U.S.

Prior to 2001, the National Highway Transportation Safety Administration asserted authority to impose moped/motorcycle safety standards on all ready-made electric bikes sold in the US. In 2001, the US Congress (in response to lobbying by major bicycle manufacturers) passed legislation (Public Law 107-319) that defined two categories of ready-made e-bikes for purposes of safety regulations--"low-powered" electric bicycles and other electric bicycles that don't fit this category. The term "low-powered" electric bicycles is defined as a bicycle with an electric motor of no more than 750W and speeds no more than 20 MPH. Those ready-made e-bikes that meet this definition only have to meet consumer bicycle safety standards set forth in regulations issued by the Consumer Product Safety Administration. Without this legislation, I suspect there'd not be many ready-made e-bikes sold in the US since major manufacturers build their e-bikes for the world market, meaning their e-bikes can't travel above the low speeds set by the EU and many Asian countries. At present, conversion kits don't get caught up in safety standard issues, but I expect that to change as ever more powerful hub motors get shipped from China.

oh, thanks for the info. Getting a drivers license right now is not a priority for me for now. maybe say in 5 years it will move up on my priority =).