I went through past discussions on this and am left confused, at least for my state, New Jersey. The question is whether, under the law, an electric assist bike with a motor of less that 750 watts and top motor-only speed of 20 mph is a bicycle or a moped. In New Jersey, moped drivers require a license and the moped must be registered and have insurance. Unfortunately, there seems to be a catch-22 in NJ, since only mopeds that are officially recognized as mopeds by the state can be licensed and registered. I doubt a bike with an add-on assist kit would be so recognized.
The NJ moped definition is, from http://www.state.nj.us/mvc/Licenses/MotorizedBicycle.htm :
"A moped (motorized bicycle) is defined by law as a pedal bicycle with a "helper-motor" capable of a maximum speed of no more than 25 miles per hour on a flat surface. A moped has a maximum displacement of less than 50 cubic centimeters (no more than 1.5 brake horsepower)"
Since an electric motor has no displacement, I thought I was home free. But someone here pointed out that in "Justia", on a page that defines words and phrases for New Jersey Code http://law.justia.com/newjersey/codes/dcb6/dcb8.html the definition is modified to:
" "Motorized bicycle" means a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface."
I can't find the legislation associated with this definition change, but am guessing it is accurate.
There was a Federal law passed in 2007. Pertinent to this discussion is Title 15, Chapter 47, section 2085: "Low Speed Electric Bicycles" http://www.law.cornell.edu/uscode/15/usc_sec_15_00002085----000-.html :
"§ 2085. Low-speed electric bicycles
(a) Construction
Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 2052 (a)(1) of this title 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) Definition
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) Promulgation of requirements
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) Preemption
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) of this section."
So this law clearly defines as a bicycle most electric assist bicycles. More importantly, the preemption clause seems to supersede all state laws and requirements that are more stringent than this definition.
So is my understanding correct? Are assist bicycles now legally bicycles in all 50 states?
Thanks to any lawyers out there who can understand this stuff.
In the USA, or in New Jersey? First we have to address whether NJ is legally part of the US...or this planet....
But seriously, I live in Jersey and the definition given by Justia does indeed come from Title 39:1-1 of the State Code.
The Federal definition is for the benefit of the Consumer Product Safety Commission, to bring the item under its purview; the Feds, therefore, want to maintain the breadth of their definition and not have it limited by a State.
NJ definitions of the various conveyances can be found in the aforementioned Title 39:1-1. (see http://njleg.state.nj.us/). The first delineation for motorized bicycle in NJ is pedal. Without a pedal, it is a motorcycle or a motorized scooter. If the bicycle has pedals, but its motor exceeds the characteristics listed for motorized bicycle, it is a motorcycle. In NJ, a motorcycle must be registered. BUT, if the motor on the cycle--with or without pedals--is "not manufactured in compliance with Federal Motor Vehicle Safety Standards and [has] no permanent Federal Safety Certification stickers affixed to the vehicle by the original manufacturer," it is a motorized scooter. AND, "no person, except for an operator with a mobility-related disability, as authorized by section 2 of P.L.2007, c.21 (C.39:4-14.15), shall operate a motorized scooter upon any public street, highway or sidewalk."
Now, about that question whether NJ is legally part of the United States....
Then we really are in trouble as electric bicycles have been redefined, at the Federal level, as "bicycles" and their regulation has been moved over to CPSC. So electric bicycles, I assume, will no longer received Federal Safety Certification, they'll just get whatever CPSC issues.
I agree with what you said on the intent of the Fed law on electric bicycles. But a naive reading of the law seems to say they are overturning more restrictive state laws and definitions. Since it is what is written and not the intent, I think one could make a strong case that NJ classification of low-power electric bicycles as (unregisterable) mopeds or scooters has been preempted.
In any case, I assume that you, being on this forum, have an interest in electric bicycles. So how do you cope with NJ law.
BTW - I find it interesting that Segways got an explicit exemption from the motorized scooter law, so they are fully street legal.
Just to clarify... New Joi-zee is part of the US.
As for its {former - Newark, Orange County} residents, we are from a different planet! :P
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<a href="http://www.BaseStationZero.com">[img]http://visforvoltage.org/files/u419...
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That's because the Seqway Corporation is "high tech"; so, with the help of rich, corporate "high tech" people from that far more fashionable coast than the one "New Joisey" is on, they sent armies of lawyers to every city and state house in the US and cajoled every city council to change the laws (no city councilperson wanted to get painted as anti-"high-tech").
Really, I'm not kidding, Segway really did this! It is a classic example of how big corporations wield their power.
If someone on one of those things thinks I'm going to step aside so they can pass me while walking on a sidewalk, they have another thing coming.
But New Jersey does seems to go out of the way to prevent practical clean, cheap transportation. Requiring insurance for a moped?
Heres the more reasonable approach used in Pennsylvania.
http://www.pamsp.com/Images/Definitions.pdf
Maybe you should at least move to across the Delaware to Philly or somewhere...
I gave up trying to figure out how all the laws apply to me like thirty years ago. What I figured out is as long as you are doing pretty much what is accepted you will not get hassled.
Like for instance, you are allowed to break the speed limit by a certain MPH, you do not have to stop at a stop sign, just do not blow through it and you will be alright. As far as mopeds, a lot of people grew up riding one, same thing for the cops and they seem to apply the law as how it was when they rode one as a kid. They see pedals on it and they will not bother you as long as you are not doing something stupid.
Deron.
I agree it is very unlikely you will be "hassled" riding most of the electric assist bicycles. For one thing, many of them are almost indistinguishable, to the casual observer, from a regular bike.
However, if you get into an accident riding an illegal vehicle could really bite you. Even if you were totally not at fault, the other side could argue that riding an illegal vehicle on the road somehow contributed to the accident. If it had to go to a jury trial, this would definitely prejudice the jury against you.
I was surprise to find that NJ had not modified their laws. I'm writing my local representative today asking that he introduce legislation to bring NJ into line with the intent of the Federal regulatory change for electric assist bicycles. Especially now, with the technology finally becoming practical and a lot of people becoming interested due to high gas prices.
Would any other New Jerseyites want to join me? I can put together a pretty good letter. If there is interest, I'll publish it here for you to use.
Here's what the NJ MVC replied to my query about the status of ebikes in light of the US government change of regulation to CPSC:
"To consider a bike, we would need a MCO, photos of the bike, NHTSA and
EPA labels. Historically a bicycle with a helper motor is not regulated
by MVC. We can only suggest that you have the township examine the bike
and perhaps approve it for local use for limited/restricted street
access. Local law enforcement should also be consulted.
Bill
MVC Customer Advocacy Office"
So if a bike with a helper motor is NOT regulated by MVC, who in the state does regulate them? Or is he saying that since it is not regulated by MVC, it is not a road legal vehicle? Are bicycles regulated by MVC?
First, let's remember we're in New Jersey. A duck might be a duck, or it might be a duck-type creature whose actions are in accordance with a duck. :O
Let's translate from the NJ dialect:
ONLY A FEDERALLY-REGULATED ELECTRIC-ASSIST BIKE MAY BE REGISTERED IN THE STATE OF NEW JERSEY. NO UNREGISTERED ELECTRIC-ASSIST BIKE IS STREET-LEGAL IN NEW JERSEY.
The answers are: 1) Counties and municipalities 2) Yes 3) No
Bill from MVC is reiterating NJ's stance, which is not in conflict with the Federal reg (both referenced earlier in this thread).
When an electric assist bike has no FEDERAL oversight or approval of its manufacture, it will not have MCO (Manufacturer's Certificate of Origin), NHTSA, or EPA labels; it therefore cannot be registered in NJ as either motorized bicycle or motorcycle. In this way, NJ is not in conflict with the Fed regs.
When an electric assist bike does not meet the requirements to be STATE registered in NJ, it is considered a motorized scooter and, (unless you qualify as "an operator with a mobility-related disability") it may not be operated on any "public land, property, street, highway, or sidewalk".
(NJ27:7A-6; 39:1-1; 39:4-14.3)
When Bill mentions township oversight, he refers to the right of counties and municipalities to allow operation of motorized scooters within their boundaries. HOWEVER, they may not authorize use on ANY street, highway, or sidewalk. (NJ39:4-14.14)
"Motorized bikes (mopeds)
A motorized bike (moped) is a pedal bicycle with a helper motor and is exempt from inspection requirements. For a vehicle to qualify as a moped, it must meet all four of the following conditions:
Be classified as a pedal bicycle
Have a motor with less than 50 CCs
Cannot have more than 1.5 brake horsepower
Maximum speed cannot be greater than 25 MPH on a flat surface
Vehicles without pedals that are less than 50 CCs, cannot be registered as mopeds. They must be registered as motorcycles, regardless of engine size.
"To register your moped please visit an MVC Agency with
A Manufacturer's Certificate of Origin (MCO)
Title or registration
If it isn't titled or registered, you need to get a notarized statement from the previous owner, describing the vehicle and sale price
Proof of insurance"
http://www.state.nj.us/mvc/Vehicle/Mopeds.htm
So, our homemade electric assist bike might be a moped, or a motorcycle, or a motorized bicycle, or a motorized scooter... but chances are it just isn't street legal in NJ.
So do MCOs and the other needed documents exist on commercial electric-assist bicycles such as the izip so that one could register an izip or Raleigh electric as a modped?
I got this message from ScooterTech:
Edit by andrew: This is not covered in the TOS. That individual never requested that anything be posted. I may remind you (whoever you are) that I am also a moderator and can also edit messages. You could have contacted ME directly, and I would have gladly removed the message had we agreed to anything. Please contact me next time you decide to set policy on the fly.
[url=/forum-topic/motorcycles-and-large-scooters/587-my-kz750-electric-motorcycle-project]KZ750 Motorcycle Conversion[/url]
[url=/forum-topic/motorcycles-and-large-scooters/588-fixing-my-chinese-scooter]900 watt scooter[/url]
Pic from http://www.electri
So I did a little research.
A hub kit SHOULD have a MCO when you buy it, and I think a bicycle, also. So it might be possible to register a hub kit bicycle, assuming the department of motor vehicles doesn't get confused by two MCOs for one vehicle. There's the matter of EPA certification, but do pure electric vehicles need that?
But in the state moped manual http://www.state.nj.us/mvc/pdf/Licenses/99-00mop.pdf
it says
"Only MOPEDs approved by Motor Vehicle Services can be titled and registered."
So it sounds like only vehicles preapproved by MVC as mopeds can be titled and registered. Do you think I'm reading this right?
"only mopeds preapproved by motor vehicle services can be registered"
I'm not sure. Maybe you can bring your electric bicycle to Motor Vehicle Services and ask them to approve it, and then you'll be good to go on getting title and insurance.
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That's a matter of state law. The Federal CPSC standard doesn't tell us what states' bicycle / mo-ped laws are going to be.
It sure gets confusing. In New Mexico its just about the same, but with less words. As near as I can tell, I'm technically illegal, so I peadal a lot when cops are watching me. If I get ticketed, I plan to make a stink in the press. Unless of course they ticket me for speeding, LOL.
Be the pack leader.
36 volt sla schwinn beach cruiser
36 volt lifepo4 mongoose mtb
24 volt sla + nicad EV Global
Hi,
I am new to the forums and live in NJ. The way the federal law is written it is to take place of state and local laws where they are more stringent. This means Electric bikes are considered bicycles under its mandate as long as the criterias are met.
The reason for stingent "MOPED" regulations in NJ is because people convicted of DUI's were legally getting back on the road using mopeds. Redefinition to include electric for moped classification was when again the drunkards tried that as a loop hole.
Now any modifications to get the bike beyond the federal limitations can easilly bring a bike into the moped classification so you need be carefull. In NJ as an example not installing the pedals automatically classifies the bike as a scooter/motorcycle. Battery mods as adding cells can get you easily over the 750 watt limit automatically getting you to the moped class.
The reason to check with your local municipality is that bicycle use is usually restricted. As as an example you are not allowed to operate on sidewalks but on the street in the flow of traffic. You have to (albeit supposed to) walk the bike accross highways. Most highways have limited if no bicycles allowed policies. You have to be lighted at night, you are supposed to use your arms for left and right turns along with stops as signals. Helmets are required until 15 amongst a myriad of other possible rules.
My intent is to get a XB-700Li. While this is really pushing the intent of the federal law it also seems to be much safer than alternatives and fits the description. It has well lit stop signals and even turn signals along with a headlight with high beams. There is no rule you could not add these even to your regular pedal bike but this seems a true crossover of bicycle/scooter where safety is concerned.
Now as someone else stated, start acting like a jerk and I'm sure you will get to test all this in court. Handled responsibly as an adult and you should be fine. Oh and for you drunkards out there, in NJ you can and will get a DUI for operating a bicycle!!!!!!!