Marin panelists to federal regulators: Strengthen e-bike laws

An e-bike rider crosses Grant Avenue while riding on Redwood Boulevard in Novato, Calif., Thursday, Oct. 12, 2023. (Sherry LaVars/Marin Independent Journal)

A panel of three elected officials and a bicycle advocate from Marin County have asked federal regulators to consider stronger national regulation on electric bicycles.

The group addressed safety issues involving e-bikes during a conference call held by the US Consumer Product Safety Commission on Wednesday.

Marin County Supervisor Mary Sackett told regulators about a young woman in her district who suffered head trauma and stayed in an intensive care unit for six months after a car crash. e-bike.

“That’s who I think of when I talk about this problem,” he said.

The commissioners gathered comments on what their priorities should be for next year and 2026.

“This is an important issue that is before the commission,” Peter Feldman, a member of the commission, told the e-bike safety panelists. “I want to make sure it’s one we take seriously.”

The US Consumer Product Safety Act was amended in 2002 to define e-bikes as low-speed vehicles that are pedal-operated, powered by a 750-watt motor and travel less than 20 mph. However, federal regulations do not apply to the general operation of e-bikes; such policies are instead implemented by the states, the Association of Pedestrian and Bicycle Professionals said.

E-bike regulation varies by city, county and state. California law classifies e-bikes into three categories. Class 1 e-bikes are pedal-assisted vehicles that are limited to 20 mph. Class 3 e-bikes are pedal-assisted and can travel up to 28 mph, and state law prohibits youth under 16 from operating them.

The controversy arose over Class 2 e-bikes that have throttle devices that can help the bike up to 20 mph without pedaling. However, many Class 2 models have been altered by drivers to break the 20 mph limit. California law has no age limits for Class 2 e-bikes.

Assemblyman Damon Connolly, who represents Marin County, told the federal committee on his bill that sought stricter regulations for Class 2 e-bikes. AB 1778 would implement a pilot program in Marin County where municipalities voluntarily enforce laws prohibiting minors under the age of 16 from riding Class 2 e-bikes.

Connolly believes more federal e-bike regulations are needed.

“My strong opinion is while we can enact enforcement laws at the state and local level to improve the safety of e-bike riders in our jurisdictions, this is an issue that can only be effectively and meaningfully addressed with and national federal regulations,” he said. .

Connolly said federal guidelines should require clear labeling on e-bikes about injury risks, age-appropriate limits and other consumer protections.

Last month, the Marin County Civil Grand Jury asked the county government and Marin municipalities to adopt laws on Class 2 e-bikes because of concerns about the safety of young riders. .

Dr. Matthew Willis, Marin County public health officer, said communities like Marin are taking local action because of the absence of clear federal regulations on e-bikes.

“This could lead to a wide patchwork of regulations that vary in potentially confusing ways for Americans as they cross city, county or state lines,” he said.

Willis recalled what led his staff to create an online “dashboard” report of data on 911 calls related to bike crashes in Marin County. He has been warned of an increase in young e-bike riders being seriously injured while, at the same time, he has heard community members complain about young people ‘zipping’ around on throttle-assisted e-bikes . Willis’ staff asked ambulance crews to record e-bike crashes, and health officials found that the crash rate for 10- to 15-year-olds was five times higher than ‘and any other age group last year.

The county has since issued a public safety alert during the holiday shopping season to warn parents about the risks of Class 2 e-bikes and riding with passengers.

CPSC member Mary Boyle asked Sackett about the response to the county’s e-bike safety alert. She responded that the county has only been collecting e-bike crash data since October.

“We would like to see a decrease in injuries,” Sackett said. “I just don’t know if we have enough information to make that conclusion.”

Sackett noted the challenge of enforcing e-bike laws, adding that officials have difficulty identifying e-bike classes.

Bob Mittelstaedt, co-founder of the Marin nonprofit Access E-bike, raised concerns about vehicles marketed as Class 2 e-bikes that have throttle devices that can be easily modified to exceed the 20 mph limit of class, even travel up to 35 mph.

He argued that state and federal laws should categorize e-bikes as pedal-assisted only.

“A 10-year-old can stay at top speed with nothing but the pressure of a thumb,” Mittelstaedt said of throttle-assisted electric e-bikes.

After the CPSC hearing, Willis said he did not expect swift action from federal regulators. However, I believe the “Marin perspective” was valuable for commissioners to hear why the Marin community was an early adopter of e-bikes and to measure their impacts.

“The commission referred to Marin as a microcosm that predicts the emerging national experience, as e-bikes gain popularity,” he said.

Sackett said he will still stand for federal e-bike regulations.

“I will continue to advocate for federal regulations to address gaps in safety standards and manufacturer ambiguities to protect our youth riders and all e-bike users,” he said. “We can’t get these solutions at the local and state level alone.”

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