Confusion Equals Opportunity The Current State of E-Bike Law

Transcription

1 Confusion Equals Opportunity The Current State of E-Bike Law Thursday, September 15, :00am LEVA Educational Seminar SPONSORED BY:

2 "Freedom of movement is the very essence of our free society... once the right to travel is curtailed, all other rights suffer. Justice William Douglas, U.S. Supreme Court 2

3 Common Questions 1. What are the current laws in the USA and Canada? 2. Why is there such confusion in the USA about the current laws and regulations? 3. What and how should a dealer/ebike company do to communicate these to consumers? 4. What can a consumer do to protect themselves from having legal problems while riding? 5. Product liability...who needs it and why? 6. Insurance...does a consumer need it for his bike and what if he has an accident with his ebike and someone gets hurt? 7. What can be done at the local level to affect change? For example, your city won't let ebike riders ride on the bike path. 3

4 E-Bike Risk Exposures Products Liability Manufacturer: Design Manufacturing Instructions Dealer: Test Rides Warranty and Service 4

5 Manufacturer Risk Management Insurance and manufacturer qualification Documented design process including changes and corrective actions Design for compliance in the market: CPSC Section 1512, EN standards, Australia, Japan, etc. Documented reasonable test procedures Owners Manual and product specific instructions Online resources for dealers and users Warning labels on the product: Read the Owners Manual! Clear warranty language 5

6 Examples of Bicycle Warning Stickers Cannondale Specialized Novara Trek Cervelo Electra Raleigh GT

7 Warning Sticker For an E-Bike?? What are the most likely HAZARDS that you want the user to be aware of? What should the user ALWAYS do? What should they NEVER do? Where can they find product information? Refer to Owner s Manual and Website 7

8 Marketing for Safety Is There Anything Wrong With This Picture? 8

9 Risk Management for the Dealer Step One: Every one is different, so know the products you are selling! Ride it, use it, learn it: staff training on the product, the controls, adjustments, operation, maintenance and charging Research and know the state vehicle equipment and operation laws in your state and city or the customer s state! Check coverage with your insurance provider 9

10 Risk Management for the Dealer Step Two: Test Rides Require or offer helmet Proper attire Instruct customer on safe operation, speed and braking Recommend a safe area for testing ID and credit card Should you use a waiver form? 10

11 At the Point of Sale Have a Checklist! Provide All Manufacturer Information and TRAIN the User: Controls and safe operation Battery charging instructions Proper rear wheel removal and electrical connections how to Final Safety Checklist: Bike is adjusted for the customer? Fasteners tight, proper tire inflation? Owner s Manual and limited warranty? Customer initials? Be sure to keep a record of the customer s contact information and serial # in case of technical bulletin, upgrade, or recall 11

12 Confusion is Caused by H.R. 727 An e-bike with a motor less than 750W and that travels under 20 MPH has to be treated as a bicycle for ALL purposes. False. 12

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14 The Truth Regulation H.R. 727 only dictates which federal agency s safety standards apply to ready-made electric bicycles sold in the United States. Electric bicycles sold in the US with speeds under 20MPH and motor under 750W simply have to meet consumer bicycle safety standards set by the Consumer Product Safety Commission (CPSC). Bikes with specs exceeding these standards sold in the US have to meet the more stringent safety standards for mopeds and motorcycles set by the National Highway Transportation Safety Administration (NHTSA), meaning more robust frames and brakes as well as signal lights, headlights and tail lights. Congress has left it up to the individual states how to regulate the operation of electric bicycles on public rights of way, including licensing. 14

15 Reality is Disparate Local Laws and Regulations DUI offenders Use on public bike paths and lanes Age requirement Helmet requirement License, Insurance, Registration 15

16 My Opinion. E-Bikes Should Be: Allowed on all public streets, except for limited-access where bicycles also are prohibited. Permitted in on-street bicycle lanes. Permitted on multi-use paths, but with the same restrictions as for bicycles (yield to pedestrians, speed limits etc.) Defined as as having maximum speed under motor power of 20 mph -- consistent with bicycle speeds -- but no restriction on coasting speed or human-propelled speed, also consistent with bicycle rules. Taking advantage of the electrical system on board by having integral lighting systems adequate for nighttime use at the speeds they travel. Required to have dual brakes, front and rear, with at least the front brake operated by a hand lever. Levers, cables and brake lines should be switchable between sides of the handlebar. Meeting UL and other applicable codes for electrical safety. 16

17 Where Does LEVA Stand/ What is it Doing? LEVA Supports Harmonizing State Law LEVA Legislative Committee Working on Model Legislation Definition of e-bike Ironing out differences on following issues: Whether to include 4 wheeled quadracycles Whether top motor speed should exceed 20 mph Minimum age to ride Terminology (e.g., highway vs. roadway, etc.) Regulation First Draft Completed 17

18 Play Nice With Others E-bikes will fare best if we act and are treated as drivers of vehicles with equal rights and responsibilities on all roadways except those controlled access freeways that (1) are posted with minimum speed limits above the vehicle capabilities, (2) do not provide essential access, and (3) are redundant to roads which are legal for e-bike use. Traditional bicycling advocacy organizations (Bikes Belong/LAB) can benefit by joining forces with the e-bike/lev industry to promote tolerance and inclusion for e-bikes on all streets with access to all destinations. Our shared goal should be a transportation infrastructure and regulation system designed to protect the travel rights of cyclists to every destination. If essential streets are not safe for drivers of vehicles (cars, e-bikes, traditional bikes and others), the prudent response is to make the streets safer or curb the behavior of law abusers, not banish the operators of legal vehicles. 18

19 We Have a Model Law We Can All Agree Upon. NOW WHAT? How to Overcome Disparate State and Local Laws Work with individual state legislatures to enact uniform standards/regulations; and/or Work with the U.S. Congress to enact federal standards. This issue has plagued many industries which have successfully lobbied for a unifying federal standard to facilitate business across state lines (e.g. fuel economy standards, air quality standards). In addition to manufacturers, this also affects cyclists who may use trails, paths, etc. that cross jurisdictional lines. 19

20 The Game Plan: Pursuing Federal Legislation Get industry consensus definition of e-bike Identify legislative opportunities precedent within surface transportation legislation Engage like-minded stakeholders Bikes Belong, League of American Bicyclists, Bicycle Products Suppliers Association, National Bicycle Dealers Association Educate policymakers Chairman/Members of Senate and House authorizing committees, Bi-Partisan Congressional and Senate Bike Caucuses Involve the Insurance Industry 20

21 Building On Precedent: Defining E-Bikes at the Federal Level Safety Standards (P.L ): Exempts e-bikes under 750 watts/20 mph with fully operable pedals from the definition of motor vehicle only for purposes of motor vehicle safety standards Standards of Use (P.L ): With respect to federally-funded trails and pedestrian walkways, Congress prohibited the use of e-bikes except when State or local regulations permit. E-bikes are defined as any bicycle or tricycle with a low-powered electric motor weighing under 100 lbs, with a top motorpowered speed not in excess of 20 mph. 21

22 The Vehicle : Surface Transportation Legislation P.L = Transportation Equity Act for the 21st Century (TEA-21): enacted June 6, 1998; expired Sept. 30, 2003 P.L = Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); enacted Aug. 10, 2005; expired Sept. 30, 2009 A series of short-term extensions (the 7 th and latest is set to expire Sept. 30, 2011) have been keeping the programs in operation. 22

23 Where Things Stand: Forecast for Surface Transportation Reauthorization A short-term extension is expected with new agreement of House Republican leadership and House T&I Chairman Mica. The House passed a clean 6-month (through 1/31/12) extension this week and the Senate is expected to follow in advance of the September 30th expiration. Beyond this extension, the outlook is unclear because of certain spending cuts and deficit reduction measures. A full reauthorization is imminent so will provide an opportunity to define e-bikes, but the focus of the overall debate will be on spending cuts (i.e. proposed cuts to funding for dedicated walking and biking programs, or enhanced transportation programs). Senate: 2-year, $109 billion reauthorization that would maintain current spending indexed to inflation House: 6-year, $230 billion bill that would cut funding by more than 30 percent (gas tax increase unlikely to pass) Enhanced transportation programs could be the crux of the spending cut debate and some Republicans are threatening to hold up a short-term extension if they are not cut. 23

24 The More the Merrier: Coordinate Grassroots Support with Other Stakeholders Finalize and agree on proposed standards Develop messaging and supporting materials Inventory constituent relationships with Members of Congress Organize and delegate outreach to Congress 24

25 Navigating Congress: Who Are The Players Sen. Barbara Boxer (D-CA), Chairman, Senate Environment and Public Works Committee Sen. James Inhofe (R-OK), Ranking Member, Senate Environment and Public Works Committee Rep. John Mica (R-FL), Chairman, House Transportation and Infrastructure Committee Rep. Nick Rahall (D-WV), Ranking Member, House Transportation and Infrastructure Committee Rep. Earl Blumenauer (D-OR), Founder, Congressional Bike Caucus Rep. Thomas Petri (R-WI), Co-Chair, Congressional Bike Caucus Other Congressional Bike Caucus Members Senate Bike Caucus Members 25

26 Maximizing the Groundwork: Other Issues to Consider for Advocacy Oppose funding cuts to transportation enhancement programs (i.e. walking and biking pathways and trails) Oppose overregulation of lithium ion battery transport; include this policy among the ones being considered for repeal due to negative economic impact Support more funding for human-scale electric-powered transportation which spans mobility scooters to electric automobiles (not LRT and HSR). If successfully passed, the e-bike industry is likely to be the leading winner for at least a few years. And the likely rise in battery production and attendant drop in price will benefit us long-term. 26

27 LEVA Thanks our 2011 Interbike Sponsors! 27