Know your rights and responsibilities!
It is your right
to operate an electric powered scooter, bike,
or personal mobility device, providing you obey all ordinances and
comply with all laws and regulations in your state, county, and city.
If you feel that state, county, or local laws have become an
infringement upon your rights (thanks to those damnable pocket bikes) it
is your right to set into motion changes or revisions to those laws!
Electric scooters, bikes, or personal mobility devices are safe, clean,
and quiet transportation alternatives and are, so far, free from the
burdensome costs of operating a gas powered, street legal, vehicle.
It is your responsibility
to know the laws in your area.
Rider age, wheel size, speed, power, and lighting are just a few of the
considerations that you must understand in order to avoid being on the
wrong side of a ticket.
Here is some of the research that we have done and we hope it will
set your mind at ease, that CLEAN QUIET ELECTRIC personal transportation
is The Way To Go!
PLEASE NOTE: The following information is presented as a public
service and we cannot assure the accuracy of the information presented
as laws may change from time to time. While current laws which are
posted and highlighted here are current as of the date of posting, you
should create and maintain your own list of links to these governing
bodies to obtain the most up to date and accurate information regarding
laws in your area.
| We highly
recommend printing a copy of the laws of your state and/or local
statues and carrying them with you in order to present them to
an officer should you be stopped. Oregonians
Click Here. |
Federal
On December 13, 1996, the President of the United
States signed an executive order designed to encourage the use of
EV’s and other alternative fueled vehicles (AFV’s) in metropolitan
areas of the country (Presidential Documents, 1996). Executive Order
13031 (Federal Alternative Fueled Vehicle Leadership) requires each
federal agency to immediately develop and implement plans for
acquiring alternative fueled vehicles.
Yet restrictions continue on private citizens using alternative
vehicles in the forms of electric scooters and bikes, lumping them
together in the same category as gas powered scooters or bikes. We
encourage you to write to your representatives.
DO YOUR PART!
US Federal Law as it applies to
Electric Bicycles – Legal in All 50 States
Please keep with your bike during operation in the event
local law enforcement is unaware of this legislation.
Federal Electric Bicycle Law
HR727
One Hundred Seventh Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
The twenty-third day of January, two thousand and two
An Act
To amend the Consumer Product Safety Act to provide that low-speed
electric bicycles
are consumer products subject to such Act.
Be it enacted by the Senate and House of Representatives of the United
States of
America in Congress assembled,
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
SEC. 38 (a) Notwithstanding any other provision of law, low-speed
electric bicycles are
consumer products within the meaning of section 3(a)(1) and shall be
subject to the
Commission regulations published at section 1500.18(a)(12) and part 1512
of title 16,
Code of Federal Regulations.
(b) For the purpose of this section,
the term ‘low-speed electric
bicycle’ means 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.
(c) To further protect the safety of consumers who ride 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.
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.
USDT - Federal Highway Administration
DEFINITIONS AND OPERATIONAL CHARACTERISTICS OF ROAD AND
TRAIL USERS:
http://www.tfhrc.gov/safety/pubs/04103/03.htm
Bicycle and Pedestrian Legislation in Title 23 United
States Code (U.S.C.):
http://www.fhwa.dot.gov/environment/bikeped/sec217.htm
On Electric Bikes (Only,
not incl. scooters)
supportdocs/Federal
Electric Bicycle Law.pdf (requires Adobe Acrobat Reader)
| (b) For the purpose of
this section, the term ‘low-speed electric bicycle’ means 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. |
Mobility Scooter Defined by
Federal Transit Administration
http://www.fta.dot.gov/14863_ENG_HTML.htm
DEFINITIONS AND OPERATIONAL CHARACTERISTICS OF
ROAD AND TRAIL USERS
http://www.tfhrc.gov/safety/pubs/04103/03.htm
Oregon
State of Oregon Codes
TITLE 59
OREGON VEHICLE
CODE
Chapter 801 — General Provisions and Definitions for
Oregon
Vehicle Code
http://www.leg.state.or.us/ors/814.html or
http://landru.leg.state.or.us/ors/814.html Pedestrians; Passengers; Livestock; Motorized Wheelchairs; Vehicles
With Fewer Than Four Wheels
http://www.leg.state.or.us/ors/815.html or
http://landru.leg.state.or.us/ors/815.html Vehicle Equipment Generally
http://www.leg.state.or.us/ors/816.html or
http://landru.leg.state.or.us/ors/816.html Vehicle Equipment: Lights
ODOT
A guide for Scooters/mopeds/bikes:
http://www.oregon.gov/ODOT/DMV/docs/pocketbikeguide.pdf
http://www.oregon.gov/ODOT/DMV/vehicle/pocketbike_factsheet.shtml
Fact Sheet for Mini-Motorbikes/Scooters
http://www.oregon.gov/ODOT/HWY/BIKEPED/docs/bike-ped_statutes.pdf
Guide for Legal Use of Light Electric Vehicles in
Oregon and Portland Parks (Bike Paths & Park Bike Trails)
Printer Friendly
Version of the Guide for Legal us of Light Electric Vehicles in
Oregon
Guide for Legal Use of Light Electric Vehicles in
Oregon and Portland Parks (Bike Paths & Park Bike Trails)
Print this and keep it with you on your
electric bike or scooter. Present to a police officer
if stopped - Laws are changing favorably for alternative
electric transportation, including use in formerly restricted
areas such as bike paths and parks, and many enforcement
officers are not current on the law. This may not deter
them from giving you a ticket, but it will help to educate them
and the system. YOU know the law, and as long as you are
within it, any ticket issued to you may be dismissed. Be
pleasant to the officer and with this in hand, you should not be
ticketed for the lawful operation of your electric bike,
scooter, or mobility devise.
Below are the Oregon Statues regarding the
legal (bike lane legal - NOT street legal; which means driving
in with traffic) use of Light Electric Vehicles in the State of
Oregon: |
|
801.258 "Electric assisted
bicycle."
"Electric
assisted bicycle" means a vehicle that:
(1) Is designed to be operated on the ground on
wheels;
(2) Has a seat or saddle for use of the rider;
(3) Is designed to travel with not more than
three wheels in contact with the ground;
(4) Has both fully operative pedals for human
propulsion and an electric motor; and
(5) Is equipped with an electric motor that:
(a) Has a
power output of not more than 1,000
watts; and
(b) Is incapable of propelling the vehicle at a
speed of greater than 20 miles per hour on level ground.
[1997
c.400 §2; 1999 c.59 §233] |
801.345 "Moped."
"Moped"
means a vehicle, including any bicycle
equipped with a power source, other than an electric
assisted bicycle
as defined in ORS 801.258 or a motor assisted scooter as
defined in ORS 801.348, that complies with all of the following:
(1) It is designed to be operated on the ground
upon wheels.
(2) It has a seat or saddle for use of the
rider.
(3) It is designed to travel with not more than
three wheels in contact with the ground.
(4) It is equipped with an independent power
source that:
(a) Is capable of propelling the vehicle,
unassisted, at a speed of not more than 30 miles per hour on a
level road surface; and
(b) If the power source is a combustion engine,
has a piston or rotor displacement of 35.01 to 50 cubic
centimeters regardless of the number of chambers in the power
source.
(5) It is equipped with a power drive system
that functions directly or automatically only and
does not
require clutching or shifting by the operator after the system
is engaged.
[1983
c.338 §59; 1985 c.16 §19; 1997 c.400 §5; 2001 c.749 §25]
|
801.348 "Motor assisted scooter."
"Motor
assisted scooter" means a vehicle that:
(1) Is designed to be operated on the ground
with not more than three wheels;
(2) Has handlebars and a foot support or seat
for the operator’s use;
(3) Can be propelled by motor or human
propulsion; and
(4) Is equipped with a power source that is
incapable of propelling the vehicle at a speed of greater than
24 miles per hour on level ground and:
(a) If the power source is a combustion engine,
has a piston or rotor displacement of 35 cubic centimeters or
less regardless of the number of chambers in the power source;
or
(b) If the power source is electric,
has a power
output of not more than 1,000 watts.
[2001
c.749 §2] |
|
NEW: FOR
LEGAL USE OF BIKE TRAILS IN PORTLAND:
PCC 20.12.170(d)(e):
D. No person shall operate any motorized vehicle or motorized
wheeled vehicle or motorized wheeled device in any Park,
except on
Park roads or in designated vehicle parking areas, or by permit.
The
prohibitions of this Section do not apply to authorized service or
emergency vehicles or to the following
electric mobility devices
used by persons who need assistance to be mobile, and used in
accordance with all applicable park and traffic rules:
1. "Electric assisted bicycle" as defined in ORS 801.258;
2. "Motorized wheelchair," "Mobility scooter" or "Power chair"
defined as an electric powered transportation device for one person
in a seated position, with feet resting on floorboards or foot
rests, and incapable of exceeding a speed of 20 mph; or 3. "Human or
personal transporter system" defined as a self-balancing,
electric-powered transportation device with two wheels, able to turn
in place, and designed to transport one person in a standing
position, with a top speed of 20 mph.
E. No person shall operate an electric mobility device in a park
in an unsafe manner or at a speed exceeding 15 mph, or, when
pedestrians are present, at a speed exceeding 5 mph, or fail to
yield the right-of-way to all pedestrians.
The rules DO NOT require you to disclose the
nature of your reason for needing power assistance, nor is any
medical card or ID required to be presented. There is no
age restriction - pain, disability, or dysfunction occurs to
anyone of any age.
This State and Local Laws Guide for Light
Electric Vehicles has been prepared as a community service by
your friends at Scoot On This! LLC, who has performed Due
Diligence in the preparation of the materials contained within,
but are not responsible for any errors of omission, expiration,
or interpretation that may occur. |
Local safety - In Oregon, your rights are better protected
thanks to House Bill 3314, enacted in the 2007th
Legislative Assembly, which "Creates offense of infliction of serious
physical injury or death to vulnerable user of public way".
That is you. The full text of the bill may be found at:
http://www.leg.state.or.us/07reg/measures/hb3300.dir/hb3314.intro.html
The bill, in essence, states that:
"'Vulnerable user of a public way' means a pedestrian, a person
riding an animal or a person operating any of the following on a
public way, crosswalk or shoulder of the highway:
(A) A vehicle registered as a farm vehicle under ORS 805.300
without an enclosed shell;
(B) A skateboard;
(C) Roller skates;
(D) In-line skates; or
(E) A bicycle."
City of Portland
Transportation Department:
http://www.portlandonline.com/transportation/index.cfm?c=34768
See Also our NEWS insert "New Parks and Recreation Department
Rules "Yea" to Electric!" This is a
"Guide" by the City that seems to be out of date, with it stating the
top speed as 15 mph, which if not an error, will need to be
addressed by our staff and the City of Portland, since we were assured
by Commissioner (and soon to be Mayor) Samuel Adams that the limit was
raised to fall more into line with Federal guidelines, currently 20 mph
for electric bikes (state of Oregon allows an extra 4 mph for scooters).
http://www.portlandonline.com/shared/cfm/image.cfm?id=59304
Counties:
Washington
http://www.leg.wa.gov/RCW/index.cfm?section=46.61.710&fuseaction=section
Mopeds, EPAMDs, electric-assisted bicycles, motorized foot
scooters -- General requirements and operation.
http://www.leg.wa.gov/RCW/index.cfm?section=46.20.500&fuseaction=section
Special endorsement -- Exceptions.
"(3) No driver's license is required for operation
of an electric-assisted bicycle if the operator is at least sixteen
years of age. Persons under sixteen years of age may not operate an
electric-assisted bicycle.
(4) No driver's license is required to operate an electric
personal assistive mobility device or a power wheelchair.
(5) No driver's license is required to operate a motorized foot
scooter. Motorized foot scooters may not be operated at any time
from a half hour after sunset to a half hour before sunrise without
reflectors of a type approved by the state patrol. "
http://www.leg.wa.gov/RCW/index.cfm?section=46.61.725&fuseaction=section
Neighborhood electric vehicles.
http://www.leg.wa.gov/RCW/index.cfm?section=46.61.730&fuseaction=section
Wheelchair conveyances.
Idaho
Still searching.... Please stand by.
Please be aware that county and local Statutes may supersede state laws.
You are responsible to find out what your local or county codes are.
California
Department of Motor Vehicles
http://www.dmv.ca.gov/pubs/vctop/vc/tocd11c1a5.htm
Texas
Neighborhood Electric Vehicle and Motor Assisted Scooter Information
http://www.txdps.state.tx.us/msb/pages/Electric.htm
Canada
Ministry of Transportation - Ontario
http://www.mto.gov.on.ca/english/dandv/vehicle/emerging/
We encourage you
to seek out information about the laws in your area and write to your
representatives. Tell them that you would like to give a clean
bill of health for electric bikes and scooters, and ensure that these
highly efficient, non-oil based means of personal transport be kept in a
distinct class from the 2 stroke gas powered scooters that are currently
causing legislators to frown. Help us give a clean bill of health
to the future use and enjoyment of electric scooters.
We remind you
that
Decent and Civil Disobedience is both a right and a responsibility
that each individual in a free society must choose to exorcise, or not,
when faced with unjust or unfair laws. We should always ride with caution and respect for those around us,
yet exercise our right to decent to regulations that we deeply believe
are not in the best interest of our communities. Electric powered
vehicles capable of the same speeds as are attainable on a human powered
bike (or slower) should be considered a bike in every respect.
Saying "no" to grouping
electric and gas powered personal transportation products into the same
category sends a message to the public at large that we are doing our
part to reduce independence on foreign oil - now the lawmakers must do
their part and make them fully legal to everyone starting at the same
age as we are allowed to ride a strictly human powered bike or scooter.
More than once, the driving force of change in our world is when,
as a group, we say "No." - J.Y.
Tax Credits, are you eligible?
You may be eligible for a tax credit(s) for renewable engergy devices such as
electric or dual powered vehicles, or for alternative energy creation (wind,
solar, etc.): http://www.dsireusa.org/
|
Member
of the 
