Is an E-Bike in Your Future?

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Yes, e-bikes are here to stay and are becoming more popular in this country every year. There is a lot of controversy about them within bike clubs, trail users, legal circles, transportation agencies, and even insurance companies. However, a general goal of “People for Bikes” and many other organizations is to get more people on more bikes more often. If e-bikes are part of the solution, so be it. They can be a great “equalizer” and allow a user to go further and optionally faster than on a conventional bicycle. That said here is a quick summary of the specs and general / sample laws concerning e-bikes.

Class Type Definitions

"Electric bicycle" shall mean a bicycle equipped with fully operable pedals and an electric motor not exceeding 750 watts.

Class 1: Requires pedaling, 750 watt (1 HP) max power, electric assist stops at 20 MPH.

Class 2: Does not require pedaling, 20 MPH top speed under electric power alone.

Class 3: Requires pedaling, 750 watt (1 HP) max, electric assist stops at 28 MPH.

The Class 3 e-bikes are also called ‘Speed Pedelecs’ (usually in Europe) which technically meet the bicycle definition for a 20 MPH e-bike. These e-bikes are designed to max out at 28 MPH. “Pedelecs” are pedal activated, not throttle activated like Class 2. However, the “weasel words” within the definition say, “20 MPH on motor alone”. Thus, a person who adds their leg power to the motor assist and happens to cruise at 28 MPH is NOT doing it by motor alone, and therefore the bike is considered to be compliant with the Federal Law – but maybe not state or local regulations.

General restrictions by Class Type

Rights and duties of electric bicycles: Except as otherwise provided an electric bicycle or an operator of an electric bicycle shall be afforded all the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle.

Path use by Class 1 and 2 electric bicycles: A Class 1 or 2 electric bicycle may be used in all places where bicycles are permitted to travel, including, but not limited to bicycle and multi-use paths and trails [use appropriate state specific language to describe paved bike infrastructure; omit trails where they can be interpreted as trails open to mountain bikers]. However, the municipality, local authority or governing body of a public agency having jurisdiction over a path or trail may prohibit, by ordinance, the operation of Class 1 or 2 electric bicycles on that bicycle path or trail.

Path use by Class 3 electric bicycles: A Class 3 electric bicycle shall not be operated on a bicycle or multi-use path or trail [use appropriate state specific language to describe paved bike infrastructure; omit trails where they can be interpreted as trails open to mountain bikers] unless it is within or adjacent to a highway or roadway, or unless the municipality, local authority or governing body of a public agency having jurisdiction over the path or trail permits, by ordinance, that operation.

For more info and references used:

http://www.ncsl.org/research/transportation/state-electric-bicycle-laws-a-legislative-primer.aspx

http://ppms.trec.pdx.edu/media/project_files/NITC-RR-564_Regulations_of_E-Bikes_in_North_America_1.pdf

If you are not confused by now, maybe you should be! There is a lot of “gray area” in the use of the three classes of e-bikes. Here in NH they are not marked as Class 1, 2 or 3 and from a distance they all look very similar. While the Class 3 e-bikes with a 28 MPH pedal-assisted top speed might not be “legal” in some areas, who is looking and enforcing any restrictions? The Class 1 e-bikes draw the least controversy. Our NH e-bike law states e-bike riders under 16 are required to wear helmets, minimum rider age is 14, max speed of 20 MPH, and no license or registration required.

There have been some concerns about the extra e-bike weight and maybe having to pedal it home if the battery is totally discharged when on a long ride. Advice: Charge the battery before starting your ride and know the specs – usually 20+ miles can be expected on a charge. Speed, terrain, and wind can make a big difference on your “assisted” mileage. One estimate is 20 watts from the battery for an “average” low-power mile. The extra weight also prompts questions about braking capabilities, even with hydraulic disk brakes. Reportedly a 170-pound rider on a mid-motor e-bike will find the balance and handling quite similar to a conventional bicycle. Some local dealers including Electric Bikes of New England in Londonderry and S&W Sports in Concord allow short demo rides for a “hands-on” experience. Better yet, rent one for a day to get a better feel if an e-bike is for you. With prices ranging from $2,000 to $8,000, there are many choices between the 106 brands now being sold in this country.

Controversy between e-Bikes and conventional bikes will persist for some time but there is little doubt that e-bikes are here to stay and are becoming more popular every year. Advances in battery and motor technology combined with lower prices, better rider controls, and more acceptance by trail managers, law enforcement agencies, and even by the bicycling community will result in more e-bikes on our roads, trails, and rail trails.

The NH Rail Trails Coalition is working hard at multiple levels to bring a balance of State support and attention to the non-motorized community. For more information, visit the New Hampshire Rail Trails Coalition Facebook page. Note: The NHRTC is an affiliate of the Bike-Walk Alliance of NH to minimize overhead yet have benefits of being a 501c3 non-profit. Yes, your donations are welcome and are tax deductible!

Submitted by:Dave TophamGSW Office ManagerNHRTC Treasurer603.898.9926dstopham@comcast.net

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