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Framework for Considering Motorized Use on Non-motorized Trails and Pedestrian Walkways under 23 U.S.C. § 217
The purpose of this document is to provide guidance to Federal Highway Administration (FHWA) division offices and a consistent
framework for determining when to permit an exception for motorized use on non-motorized trails and pedestrian walkways under
23 U.S.C. § 217(h)(5). The relevant legislation reads as follows:
23 U.S.C. § 217. Bicycle Transportation and Pedestrian Walkways
(h) Use of Motorized Vehicles.--Motorized vehicles may
not be permitted on trails and pedestrian walkways under this section, except for-- (1) maintenance purposes; (2) when snow
conditions and State or local regulations permit, snowmobiles; (3) motorized wheelchairs; (4) when State or local regulations
permit, electric bicycles; and (5) such other circumstances as the Secretary deems appropriate.
(j) Definitions.--In this section, the following definitions apply:
(2)
Electric bicycle.--The term "electric bicycle" means any bicycle or tricycle with a low-powered electric motor
weighing under 100 pounds, with a top motor-powered speed not in excess of 20 miles per hour.
(4) Wheelchair.--The term "wheelchair" means a mobility aid, usable indoors, and designed for and used by individuals with
mobility impairments, whether operated manually or motorized.
The above
23 U.S.C. § 217
offers direction that the Prodeco Electric Bicycles are allowed on bike-paths (non-motorized trails) due
to Prodeco electric bicycles falling under the classification of less than 100 pounds and under 20 mph.
HR 727
SECTION 1, CONSUMER PRODUCT SAFETY ACT
The Consumer Product Safety Act (15 U.S.C. 2051 et seq) is amended by added at the end of 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, the Commission may promulgate new or
amended requirements applicable to such vehicles as necessary and appropriate.
(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.
Local Bicycle Laws
Most states have their own set of bicycle laws regarding traditional pedal powered bicycles. With most states recognizing electric
bicycles as traditional pedal powered bicycles you must learn the applicable laws in your area. Your Department of Transportation
or Cycle Clubs in your area will have the details involving rid
ing a bicycle in your area and your city’s bike pathways. Requirements
for riding will change depending on location. Most cities requiring LED lights, hand signals, riding on the correct side of the road,
riding behind and not parallel to other cyclist, et
c…
d)
Safety first
It is important you follow your local bicycle laws but also it is important you ride safely. Below are examples of understanding
how to ride your new Phantom X R safely.
Always wear an approved helmet when riding your bike, and follow the helmet
manufacturer’s instructions for fit, use and care of your helmet.
Do you have all the other required and recommended safety equipment for your area
? It’s your responsibility to
familiarize yourself with the laws of the areas where you ride, and to comply with all applicable laws.
Do you know how to correctly check your wheel axle nuts? Do you understand proper braking techniques? Is your
saddle properly adjusted? How do you power your new electric bicycle? These are all questions you should have the
answers to prior to riding for the first time. This USER GUIDE will answer most of the questions you have in regards to
your new bicycle and assist you in ensuring your electric bicycle remains safe to ride. You should first read the USER
GUIDE in its entirety and familiarize yourself with your new bicycle prior to riding.
For further safety guidelines, please read
Chapter 6: Safety
e)
Mechanical safety check
Check the condition of your bicycle before every ride.
Frame and Fork:
Do a detailed visual inspection and make sure there is no frame damage or fractures. View the
welds and tubes for any fracturing, cracks, gouges or damage. Pay close attention to the welds including axle
dropout welds. Check the fork for damage including the crown and bridge
Nuts, bolts and straps:
Make sure nothing is loose. Lift the front wheel off the ground by two or three inches then
let it bounce on the ground. Anything sound, feel or look loose? Do a quick visual and tactile inspection of the
whole bike. Are there any loose
parts or accessories? If so, secure them. If you’re not sure, ask someone with
bike experience to check.
Tires and Wheels:
Make sure tires are correctly inflated, see
Chapter 8.
Check by putting one hand on the
saddle, and the other on the intersection of the handlebars and stem, then bounce your weight on the bike while
looking at tire deflection. Compare what you see with how it looks when you know the tires are correctly inflated;
and adjust if necessary. Are the tires in good shape? Spin each wheel slowly and look for cuts in the tread and
sidewall. Replace damaged tires before riding the bike. Spin each wheel and check for brake clearance and
side-to-side wobble. If a wheel wobbles side to side even slightly, or rubs against or hits the brake pads, take the
bike to a qualified bike shop to have the wheel trued.
