There seems to be a lot of confusion about laws regarding (a) what is an electric bicycle and (b) where these can be used, particularly with respect to shared use paths. I will try to clarify as best as I can, and answer the questions posed in this thread. State Statutes cited are included verbatim at the end for additional information and for those who like to fact check.
One question that was raised is the definition of a shared use path, is this included in what is termed a “bicycle way” in the statutes? Yes. A bicycle way is defined in the state statutes as “. . . any path . . . designated for the use of bicycles . . . “ See 340.01(5) What is an electric bicycle, and does it make a difference if it is pedal assist? An electric bicycle is a type of motor bicycle. The important points are that it has a maximum motor size of 750 watts, a maximum speed of 20 mph and fully operative pedals. It has to be able to be propelled by pedal power alone, without the motor engaged. If it does not have fully operable pedals then it is a motor vehicle. Pedal assist does not make these more of a bicycle or less of an electric/motor bicycle. Whether it has to be pedaled even with the motor on or it can be operated solely on motor power without pedaling is irrelevant in the laws as we will see when we get to operation on paths. See 340.01(30) for the definition. Being included in the definition of a motor bicycle has implications for the rest of the vehicle code since the section of the vehicle code on applicability says that laws that apply to bicycles also apply to motor bicycles “except as otherwise expressly provided.” See 346.02(4) One of the express differences between bicycle and motor bicycle operation has to do with paths / bicycle ways. A motor bicycle (or moped for that matter) can only be operated on a bicycle way with the motor off. Whether or not the electric bicycle can be operated by the motor alone, without pedaling, or has to be pedaled even when the motor is engaged (electric assist), is irrelevant with respect to their use on a path. The law is pretty clear in my mind. On a path in Wisconsin an electric bicycle can only be operated via human power, the motor has to be off, pedal assist or not. The law is worded as a prohibition on using them on the path “with the power unit in operation”. See 346.79(5) Other electric/motor bike laws people might be interested in. You need a valid driver’s license to operate an electric/motor bicycle. Don’t run out and buy one for the kid, or if your license has been suspended for some reason, or if you just don’t have/want a driver’s license. See 343.05(3)(c) Operating in a crosswalk is not permitted. See Applicability section, 346.02(4)(b) What is not clear to me is whether this means they cannot be used in a crosswalk with the motor in operation but can be used in a crosswalk with the motor off, similar to the path issue.. Basically they are simply bicycles with the motor disengaged, not motor bicycles. Heck a lot of them allow you take the battery off the bike for recharging, then it really is just a bicycle. And here is a question to think about. Electric bicycles might be a boon for cargo bicycles. I know people with electric assist on extra-cycle type bikes. If electric motors that don’t allow a bike to go over 20 mph help increase the use of these types of vehicles instead of cars to haul the kids to school or go shopping or to make business deliveries, is that a good or bad thing? Should electric cargo bikes, an electric bike hauling a kid trailer, etc., be allowed to use the paths? I don’t have a position on this, just posing it as a part of the discussion. Any changes in these laws will require a change in state statute. State statutes do not give local jurisdictions any authority to change these. In terms of possible changes in state statutes to allow electric bicycles on paths leading to a slippery slope of permitting the use of gas powered scooters, etc. as well, that is something to watch should a bill be introduced in the legislature. My hunch is that any bill will be specific to electric bikes. Note that the door is already open to this since the legislature has permitted the use of Segways (Electric Personal Assistive Mobility Device) on paths. This is an area, however, where local jurisdictions do have authority to restrict their use on paths. See 340.01(15p), 346.803(4) and 349.236(bm). The legislature seems to operated one interest group at a time as opposed to looking at an issue overall and figuring out what is the best thing to do. It will likely take an interest group (eg an electric bike shop like Len’s or an electric bike manufacturer like Schwinn/Pacific or Trek, or a combination) to approach a legislator(s) to get something started. Here are the laws. See http://docs.legis.wisconsin.gov/statutes/prefaces/toc if you want to get even deeper into the laws. 340.01 Words and phrases defined. In s. 23.33 and chs. 340 to 349 and 351, the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning: (5s) “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. (15pm) “Electric personal assistive mobility device” means a self−balancing, 2−nontandem−wheeled device that is designed to transport only one person and that has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less. (30) “Motor bicycle” means any of the following: (a) 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. (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. 343.05 Operators to be licensed; exceptions. (3) NONCOMMERCIAL VEHICLES. (c) No person may operate a moped or motor bicycle unless the person possesses a valid operator’s license or a special restricted operator’s license issued under s. 343.135 or a restricted license issued under s. 343.08. A license under this paragraph does not authorize operation of a moped or motor bicycle if the license is revoked, suspended, canceled or expired. 346.02 Applicability of chapter. (4) APPLICABILITY TO PERSONS RIDING BICYCLES AND MOTOR BICYCLES. (a) Subject to the special provisions applicable to bicycles, every person riding a bicycle upon a roadway or shoulder of a highway is granted all the rights and is subject to all the duties which this chapter grants or applies to the operator of a vehicle, except those provisions which by their express terms apply only to motor vehicles or which by their very nature would have no application to bicycles. For 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) 2 and (d) 2. and 346.38 do not apply to motor bicycles. 346.79 Special rules applicable to bicycles. Whenever a bicycle is operated upon a highway, bicycle lane or bicycle way the following rules apply: (5) No person may ride a moped or motor bicycle with the power unit in operation upon a bicycle way. 346.803 Riding bicycle or electric personal assistive mobility device on bicycle way. (4) Except as provided in s. 349.236 (1) (bm), a person may operate an electric personal assistive mobility device upon any bicycle path. 349.236 Authority to regulate operation of electric personal assistive mobility devices. (1) The governing body of any municipality or county may, by ordinance, do any of the following: (bm) Prohibit the operation of electric personal assistive mobility devices on all bicycle paths under its jurisdiction or only on certain bicycle paths, or portions of such bicycle paths, under its jurisdiction that are designated in the ordinance. This paragraph does not apply to the operation of such devices on any bicycle paths at a permanent or temporarily established driveway. 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
_______________________________________________ Bikies mailing list [email protected] http://lists.danenet.org/listinfo.cgi/bikies-danenet.org
