To the Editor:
I appreciate Matthew Hersh’s coverage of the new state legislation governing electric bicycles [“New NJ E-Bike Law Goes Into Effect,” January 21, page 1], but would like to elaborate on a few points which I feel need further clarification.
The previous regulations established three types of e-bikes: Type 1 — low speed bikes which have no throttle, only move when pedaled, and the motor assist cuts out when the bike is going faster than 20 mph; Type 2 — low speed bikes which have a throttle, can go with or without pedaling, and the motor assist stops when the bike is going faster than 20 mph; and Type 3 — higher speed bikes which only move when pedaled, have no throttle and can go as fast as 28 miles per hour before the motor assist cuts out. No license, registration, or insurance was required for Type 1 and 2 bicycles, which were both considered “low-speed.”
As I read the statute, the new legislation keeps the first category under the definition “low speed electric bicycle,” and lumps the second two categories, along with gas-powered mopeds and e-bikes that have a throttle and pedals and can go up to 28 mph into the category of “motorized bicycles.” The decision to regroup them doesn’t really make much sense because both low-speed e-bikes and motorized bikes now have the same licensing, registration, and insurance requirements.
To my mind, the most dramatic changes in the new legislation are: 1) to require licensing, registration, and insurance for Class 1 and 2 e-bikes (Class 3 already required this under the old rules); 2) restricting their use to individuals 15 years of age or older; 3) extending the regulations to allow e-bikes with a throttle which can reach speeds up to 28 mph with pedal assist; 4) imposing a new speed maximum for throttle-only use to 15 mph (higher speeds can only be achieved by pedaling); and 5) making it a violation to sell modification kits to make an e-bike go faster than permitted for its class.
This was all very confusing before the new rules were passed and is no less confusing now. The reality is that the market for e-bikes is like the Wild West, with all kinds of new variants being sold online by manufacturers trying to game the system — they appear to be legal, but flout the spirit and the letter of the law. Even the most passionate bike advocates agree that the high-speed alternatives which we regularly see on our roadways (and sidewalks!) are dangerous and need to be better regulated. While this new legislation is flawed, I hope it will advance our Vision Zero goals and we can work together to further improve the rules and make them more equitable and sensible.