Robbie Webber asked: <Could you clarify the legality of electric assisted bicycles, such as the new Schwinn ones being sold at Willy S, on paths marked "no motorized traffic?" I think this came up once before, but I can't remember the answer.>
the short answer is that motorized bicycles can be operated on bike paths only if the motor unit is off and the vehicle is being pedaled. Below is a more detailed account of state statutes and Madison ordinances related to motorized bicycles. See also http://www.dot.wisconsin.gov/safety/vehicle/docs/motorized-scooters.pdf A “Motor bicycle” is defined in the Wisconsin State Statutes as meaning “a bicycle to which a power unit not an integral part of the vehicle has been added to permit the vehicle to travel at a speed of not more than 30 miles per hour with a 150−pound rider on a dry, level, hard surface with no wind and having a seat for the operator.” [Wisconsin State Statute 340.01(30)] The important thing to note in the above definition is that it only applies to a bicycle which has had a motor added to it. A bicycle with a motor unit as a integral part of the vehicle, such as most of the new electric bicycles, is not a motor bicycle under this definition. A bicycle with a motor unit as a integral part of the vehicle would more technically be a moped or motorcycle depending upon engine sized and other factors. However, a moped or motorcycle must meet specific safety equipment requirements that most the electric bicycles currently being sold do not meet. These electric bicycles are currently in a limbo state in Wisconsin since there is no law defining them. There is a federal definition of a “low speed electric bicycle”, but this has not yet been adopted in Wisconsin. There was a bill in the last legislative session that would have addressed this issue, but that bill did not get far enough along to become law. The bill (2007 Assembly Bill 319) would have added the following to the definition of a Motor Bicycle: “340.01 (30) (b) A 2−wheeled or 3−wheeled vehicle that has fully operative pedals for propulsion by human power and an electric motor of less than 750 watts and that is capable, when powered solely by the motor, of a maximum speed of less than 20 miles per hour with a 170−pound rider on a dry, level, hard surface with no wind.” Motor bicycle operators need to have a valid driver’s license. [343.05(3)(c)] Laws which apply to bicycles also apply to motor bicycles, unless otherwise noted in the statutes. [346.02(4)(a)] State laws which apply to the operation of bicycles in crosswalks do not apply to motor bicycles. [346.02(4)(b)]. Note that I assume that if a motor bicycle is being operated solely via pedal power, with the motor off, it would be considered a bicycle. No person may ride a moped or motor bicycle with the power unit in operation upon a bicycle way. [346.79(5)] “Bicycle way” means any path or sidewalk or portion thereof designated for the use of bicycles and electric personal assistive mobility devices by the governing body of any city, town, village, or county. [340.01(5s)] Local units of government can designate the type and character of vehicles or other modes of travel which may be operated on a bicycle lane or bicycle way, provided that the operation of such vehicle or other mode of travel is not inconsistent with the safe use and enjoyment of the bicycle lane or bicycle way by bicycle traffic. [349.23((2)(a)]. The City of Madison has not passed any local ordinances either permitting or restricting use of bicycle ways beyond state statutes. Note that the PDF document linked to above states that municipalities may not permit operation of motor vehicles on bicycle ways since the authority to regulate traffic on bicycle ways is subject to the general requirement that any municipal traffic ordinance not conflict with the traffic code, and other state statutes prohibit the operation of motor vehicles on bicycle ways. Note also, however, that (a) motorized wheelchair users are defined as pedestrians [340.01(43)]; and (b) "electric personal assistive mobility devices (Segways) are specifically permitted in the state statutes to use bicycle ways. [346.803] There is a city ordinance, which is consistent with state statutes, prohibiting the use of mopeds or motor bicycles on bicycle ways if the power unit is in operation [MGO 12.791] Motor bicycles need to be registered the same as bicycles in Madison. Motor bicycle dealers need to register these at the time of sale. Arthur Ross, Pedestrian-Bicycle Coordinator City of Madison Traffic Engineering Division 215 Martin Luther King, Jr. Blvd., Suite 100 PO Box 2986 Madison, WI 53701-2986 608/266-6225
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