Originally Posted by
Elkhound
Federal Law trumps state law, and there is a Federal law stating that a bicycle with pedals and an electric motor that can't go more than, IIRC, 18 MPH is considered a bicycle, and not a motor vehicle. I am not at the law library now, so I can't give you chapter and verse, but that is what the US Code says.
Elkhound,
I'm sorry but you've been mis-informed. There's an unfounded idea within the e-bike community that there's a federal law addressing the operation of e-bikes on public roads. There isn't. There are federal safety standards, that's it. The safety standards contain definitions that e-bike enthusiasts cite, but those definitions simply make it clear what federal agency's safety standards apply to ready-made e-bikes sold in the US. Ready made e-bikes with a motor under 750W and/or that travels no faster than 20 MPH only have to meet rather anemic safety standards set for consumer bicycles by the Consumer Product Safety Administration. Those ready-made e-bikes that can travel faster than 20 MPH and/or have motors over 750W must meet the more stringent safety standards set for mopeds and motorcycles by the National Highway Transportation Safety Administration, meaning beefier frames, better brakes, safety equipment like signals, lights and horns, etc. At present conversion kits and converted bikes aren't covered.
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 and registration. At present, NY is the only state that has a total ban. In truth, the US Congress is not very supportive of e-bikes. It issued a prohibition on their use on trails that receive federal funding 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.)