I apologize if this is the wrong forum to ask this question or if it has already been answered. I am totally new to the whole electric bike scene so please bear with me.
Does anyone know if the XB-700 could qualify as a bicycle in NJ? Or would it be considered a moped under New Jersey law in which case it would need to be registered and insured and driven only by licensed driver? Honestly I don't want to go through all that.
According to the DMV manual the XB-700 could qualify as a moped since it has a motor, pedals and goes less than 25mph. I was hoping I could just use it like a bike since some people claim it falls under Federal Law HR727.
I called the DMV and they were absolutely no help at all. They had no clue as to what an Ebike even is. Local police are totally clueless too since each cop always seems to have his own set of rules in this town when it comes to this kind of stuff.
Basically, both the DMV and the police aren't sure of the law so I ask anyone here who knows anything to be fact. I'd love to get an XB-700 too because it's exactly what I'm looking for.
As motorized bicycles are defined in NJ , located here http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=969349&Depth=4&TD=WRAP&advquery=electric%20AND%20bicycle&headingswith...{E02D}&softpage=Doc_Frame_Pg42&wordsaroundhits=2&x=27&y=21&zz= , the xb-700 would qualify as a moped.
The federal law simply has to due with what safety equipment is required on an electric bicycle. So even if you had to register it and have a license, you would have to conform with the CPSC's safety requirements as opposed to your state department of motor vehicle safety requirements. Really all this would do is mean you could get out of a ticket if your lights were not working.
From wikipedia and cross checked with NJ legislature [http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=969354&Depth=2&TD=WRAP&advquery=personal%20mobility%20device&depth=4&...{E5D4}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=0&y=0&zz=]:
"An electric bicycle is classified as an "Electric personal assistive mobility device" in New Jersey, defined as "a self-balancing non-tandem two wheeled device designed to transport one person"
If you read the wiki article please note that whoever wrote it doesn't seem to know the word tandem.
An electric bicycle is NOT "self-balancing" nor is it a "non-tandem" (wheels side-by-side) vehicle.
I tried to get some information from Illinois about what constitutes an electric bike and the gave me the same thing. I wrote them back an told them what they had described was a Segway NOT a bicycle and they need to get their act together. I tell you it seems the law makers are idiots or at the very least uninformed and they need to take some time to learn about something before they make a bunch of bad laws. I guess they think they are too good to take the time to make good laws.
OK, I will stop ranting now,
Grandpa Chas S.
Thank you all for your help. It would appear that the XB-700 (and all electric bikes for that matter) in NJ is considered a moped. Xtreme isn't even on the approved manufactures list so it couldn't even be registered here if I wanted to.
Guess I'll just have to spend $500 more for a 49cc Tomos gas moped.
Plus $80 a year on insurance.
Plus $20 to title it.
Plus $8 a year to register it.
Plus the cost of gasoline.
Also, my neighbors and I will just have to live with the loud noise of the gas engine and breathe in the exhaust fumes.
Great to know that as I help destroy the environment, the bureaucracts will be sucking my wallet dry.
I, ultimately, contacted Rick Merckt - the N.J. Assembleyman whose name is on the State bill.. no surprise, have yet to hear back from him. Although I do send his office the exact same request each week on clarification on what is a self-balancing two wheeled non-tandem vehicle.
Albeit an argument, HR727 does clearly state it's definitions and it's position on superceding New Jersey State law, which is more stringent and attempts to identify the electric bike incorrectly.
All I know is that, so far, since owning/operating since November 2008 - I have been stopped twice (both for performing a manouveur bicycle riders do all the time) because I don't look like a bicycle. Lessons learned. Even though HR727 is in existence, don't do things that other bicycle riders can do. Hey, how many times have you ever seen someone riding a bicycle stop at a crosswalk, get off and push the bicycle across!!
Bottom line - be safe, ride smart and always be courteous when stopped.
"The U.S. Code of Motor Vehicle Safety simply defines low-speed electric bicycles as consumer products and not Motor Vehicles for safety standards.
This leaves the legality of operation on public roadways to the discretion of individual States.
The Consumer Product Safety Commission(CPSC) stipulates that commercially manufactured low-speed electric bicycles, or tricycles, must have fully operable pedals, an electric motor not exceeding 750W of power and a top motor-powered speed not in excess of 20 miles per hour (32 km/h). An electric bike remaining within these specifications will be regarded simply as a bicycle for purposes of safety standards.
The CPSC's definition of an electric bicycle supersedes any state law that is more stringent, but only regarding safety equipment required on electric bicycles."
the HR 727 is simply an alternate name for the CPSC article making the safety regulations fall under the definition of bicycle.
as for self-balancing two wheeled non-tandem vehicle, that refers to things like segways
How does the Segway 'self balance'? When the system is stopped with no power.. it locks upright with a foot pedal - if not it falls over. When the system is powered and moving, it balances via the motion of the unit and the user via the gyroscope sensors. Doesn't the electric bike 'self balance' by it's motion and the movements of the user?
If a user over motions their balance, the segway tips over and crashes... would that not be the same as an electric bike user over motioning their balance, tipping over and crashing?
The law is specifically vague in their 'political two-step' way of explaining that an electric vehicle (in HR727) - such as the segway - is a large difference between an electric bike. When they are both the same.. the segway performs the exact same task as an electric bike, but with wheels at each side. And it will only 'self-balance' when powered on. Switch it off, and watch it fall.
Said it before, say it again - be safe, ride smart and always be courteous when stopped.