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What is a Bicycle? I don’t believe this needs to be covered well. We all know what a bicycle is. It’s pedaled by human power and has 2 or 3 wheels as defined by the Consumer Protection Agency. It’s a Bicycle, stupid.
What is a Low Speed Electric Bicycle? As defined by S.1156, H.R. 727, CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1512 and Public Law 107-319, 116 Stat. 2776 (the Act), enacted December 4, 2002: SUMMARY: Public Law 107-319, 116 Stat. 2776 (the Act), enacted December 4, 2002, subjects low-speed electric bicycles to the Commission's existing regulations at 16 CFR part 1512 and 16 CFR 1500.18(a)(12) for bicycles that are solely human powered. For purposes of this requirement, the Act defines a low-speed electric bicycle as ``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.'' Public Law No. 107-319, section 1, 116 Stat. 2776 (2002). The Commission is issuing this immediately effective amendment to its requirements for bicycles at 16 CFR part 1512 to promptly inform the public of the newly enacted statutory requirement on low-speed electric bicycles.
According to the Colorado Legislative Council:
Low-speed electric bicycle. Electric bicycles are bikes with operable pedals and an attached battery-powered electric motor. Federal law defines a low-speed electric bicycle as a two- or three-wheeled vehicle with fully operable pedals and an electric motor with a power output of less than 750 watts, with a maximum speed, when powered by the motor, of less than 20 mph (15 U.S.C. 2085). Low-speed bicycles do not meet federal definitions for motor-vehicles and are subject to U.S. Consumer Product Safety Commission regulations. It’s a Bicycle, stupid.
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What is a
Motorized Bicycle: If you ask the State Police out of Fruita, they will insist that your Low Speed Electric Bicycle is a Motorized Bicycle. It’s not. The Federal and the State both agree that it’s a Bicycle. But where does the term, “Motorized Bicycle” come from? It actually comes from a (sarcasm on) little known Manufacturer by the name of Harley Davidson. Yes, the original name for a Harley Hog was “Motorized Bicycle”. The US Army, Marines and Navy purchased almost 300,000 units between 1917 and 1940. The Motorized Bicycle Craze began after Armistice Day. Now, how did it get changed? Indian Motorcycle Company decided to change it. They took the name of (Motor)ized Bi(Cycle) and called their units Motorcycles. Harley Davidson fallowed suit. So what IS a Motorized Bicycle? There are some requirements that differ it from the Low Speed Electric Bicycles and Electric Toys. Below are just some of the requirements to be a Motorized Bicycle: · Must be able to maintain a minimum of 26 mph · Must have 2 or 3 wheels · Must have the safety equipment and construction as per the NHTA and DOT. · Must be considered a Motorized Vehicle · Must be Registered, Licensed and the Driver must be licensed. · Can have Pedal Assist or no pedals. i.e. a Motorbike, Motorcycle or Moped fall into this category. It’s NOT a Bicycle, Stupid! And it certainly isn’t a Low Speed Electric Bicycle. I am the last one in Mesa County that received a ticket for operating a Low Speed Electric Bicycle. That was 2005. You will notice there is quite a time span between the passage of the actual laws and today. Even today, if you ask Sgt Fox of the Colorado State Patrol in Fruita he will tell you that the Low Speed Electric Bicycle is a motorized vehicle and requires a drivers license. This is contrary to a number of laws. It’s called Intimidation where the Blue Shield makes up laws or interprets laws to suit themselves.
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