ELECTRIC BICYLES

(For the state of Colorado and the US laws
)
 

Referenced from

HR 727
Signed into law: December 4, 2002

S. 1156 Federal Law
Signed into law: June 29, 2001

 

US Consumer Product Safety Commission cpsc_16_cfr_part_1512_elec_bike
cpsc_bicycle_requirements
Public Law 107-319, section 1, 116 Stat. 2776

Colorado Only
(pertains to gasoline 49CC only Motorized Bicycles)
CSR 42-2-103
42.3.144

Pertains to Toy Vehicles on Public Property
CSR 42-4-109

42-4-109.5Pertains to Neigborhood Electric Vehicles (federal definition, has 4 or more wheels) This applies to Golfcarts.

42-1-102 Memoradum Colorado Legislative Council Staff .

S. 1156 SECTION 1. CONSUMER PRODUCT SAFETY ACT
(b) For the purpose of this section, the term `low-speed electric bicycle' means a 2- or 3-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 hp), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph


H.R.727 SECTION 1. CONSUMER PRODUCT SAFETY ACT
The Consumer Product Safety Act (15 U.S.C. 2051 et seq.) is amended by adding at the end the following:
LOW-SPEED ELECTRIC BICYCLES (d) This section shall supersede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a).'.
SEC. 2. MOTOR VEHICLE SAFETY STANDARDS.
For purposes of motor vehicle safety standards issued and enforced pursuant to chapter 301 of title 49, United States Code, a low-speed electric bicycle (as defined in section 38(b) of the Consumer Product Safety Act) shall not be considered a motor vehicle as defined by section 30102(6) of title 49, United States Code.

US Consumer Product Safety Commission 16 CFR Part 1512
Pursuant to Executive Order No. 12988, the Commission states the preemptive effect of this regulation as follows. Section 1 of the Act provides that its requirements ``shall supercede any State law or requirement with respect to low-speed electric bicycles to the extent that such State law or requirement is more stringent than the Federal law or requirements referred to in subsection (a)[the Commission's regulations on bicycles at 16 CFR part 1512].'' Public Law No. 107-319, section 1, 116 Stat. 2776.

Sec. 1512.2.
(2) A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.

THE COPS TELL US THAT A LOW SPEED ELECTRIC BICYCLE IS A MOTORVEHICLE

If you are riding an Electric Bicyle that is within S. 1156 or H.R. 727 and you are stopped by a Deputy, State Patrolman or City Policeman, you can be cited in the State of Colorado. Even though none of the CRS Laws apply, the Law Enforcement has taken it on themselves to cite under the 4 CRS Laws or to intimidate the Electric Bicycle off the road.

None of the 4 CRS disagree with S.1156 or H.R.727 which state that an Electric Bicycle is treated exactly the same as a Bicycle. Yet these are the 4 that the Police in the State of Colorado use to intimidate the Colorado Citizens into not operating the Electric Bicycle.

 

What's even worse, there are those Police Officers that know they don't have a clue and don't ticket even the completely illegal little standup/sitdown scooters and the gas vehicles being ridden by people with enough DUIs that they will never see another license in 3 lifetimes.

 

I have proposed the Representative Steve King that we need a law that coincides with the Federal Public Safety law to get things under control.  I have forwarded this information to Rep. King.

 

 

 
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