From: robert paolino [snip] In Wisconsin, it's probably a moot point, at least for now, as electric bicycles aren't legal on public roads. [snip] ----------------------------------------
While it seems inadvisable to argue with someone who works for the Legislative Reference Bureau about the interpretation of state statutes, I'm not sure the statement above is always accurate. I'm sure Bob is correct that the bicycles described in the NYT article would not be legal on Wisconsin roads, but I met one person in Madison who added an electric motor (with a governor limiting it to 20mph) to his bicycle. I believe that his bicycle meets the definition of "motor bicycle" and is therefore legal not only on public roads (that don't expressly prohibit bicycles), but also "bikeways" (e.g., bike paths) when the power unit is not in operation (and that is the default setting for his bicycle). Michael had installed this: http://cleverchimp.com/products/stokemonkey/ Here is my understanding of the laws pertaining to motor bicycles: The definition of motor bicycle http://www.legis.state.wi.us/statutes/Stat0340.pdf 340.01(30) “Motor bicycle” means 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. ...And motor bicycles meeting that definition are allowed on roads (and even paths if power unit is not in operation) under some conditions - Text below from WisDOT BOTS HS226 3/05 "Bicycle and In-line Skate Laws": 346.02 (a) [...] For the purposes of this chapter, provisions, which apply to bicycles, also apply to motor bicycles, except as otherwise expressly provided. (b) Provisions which apply to the operation of bicycles in crosswalks under ss 346.23, 346.24, 346.37(1) a 2., (c) and (d) 2. And 346.38 do not apply to motor bicycles." But 346.79 Special Rules applicable to bicycles [...] (5) No person may ride a moped or motor bicycle with the power unit in operation" Mostly what is arguable about the interpretation of these laws is whether the motor of any particular "motor bicycle" is integral to the bike. There is a problem with most of the modern day electric bicycles that are manufactured with the motor unit in place. One could easily argue that the motor unit is integral, thus making it a moped. However, these bike-like mopeds cannot be registered as mopeds because they do not meet federal transportation safety standards. WisDOT is trying to get a state law recognizing low speed electric bicycles as motor bicycles with the units being integral. The max [proposed] speed is 20 mph with a 170 rider (the federal definition from the CPSC). This is probably why Bob says "at least for now." And WisDOT has, to my knowledge, so far been unsuccessful in this endeavor. On a somewhat related topic, WisDOT distinguishes between mopeds and motor scooters here: http://www.dot.wisconsin.gov/safety/vehicle/motorcycle/mopeds.htm I'll buy the first two people who've read this far a cup of coffee (or your beverage of choice, Bob). Chuck Strawser University of Wisconsin-Madison Transportation Services UW Commuter Solutions Pedestrian/Bicycle Coordinator 124 WARF bldg 610 Walnut Street Madison WI 53726 608-263-2969 www.wisc.edu/trans _______________________________________________ Bikies mailing list [email protected] http://lists.danenet.org/listinfo.cgi/bikies-danenet.org
