Welcome to the Cause, Electric Bicycles

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One response to “Welcome to the Cause, Electric Bicycles”

1. 

   March 31, 2014

   Nicholas K.

   Actually, e-bikes in Michigan are considered mopeds.

   There is a common misconception that the “federal definition” of a low-speed electric bicycle supersedes state laws. Firstly, the federal definition is that set by the Consumer Product Safety Commission (CPSC), who has the regulatory authority only to set safety standards of manufacture and first sale of consumer products. This means that only the *standards* supersede state laws for consumer products meeting the definition.

   The National Highway Transportation Safety Administration (NHTSA) is another regulatory body that sets safety standards for motor vehicles. NHTSA has ceded to CPSC for devices that meet CPSC’s definition (i.e. fewer than 750 W, slower than 20 mph, with fully operable pedals).

   The Michigan State Police address the issue of electric bicycles in Traffic Services Section (TSS) Field Update #26 (link below):

   “Electric Bicycles: A bicycle equipped with either an electric or gasoline motor meets both the definition of Motor Vehicle, MCL 257.33, and Moped, MCL 257.32b, and is subject to state laws and local ordinances applicable to motor vehicles rather than those governing the use of bicycles.”
   http://www.michigan.gov/documents/msp/Archived_Field_Updates_Table_203934_7.pdf

   However, even TSS has glossed over the details. I personally contacted the Michigan State Police in January, 2014, and Mr. Steven Beatty, Legislative and Legal Resources Specialist replied to my question (see email thread below).

   TL;DR: E-bikes are mopeds and are subject to all the same requirements as mopeds (down to a motorcycle helmet). Throttle-assist e-bikes might be considered motor vehicles, but pedal-assist e-bikes (those that assist *only* when pedaling) are not considered motor vehicles. Both types are still “vehicles,” per MCL 257.79.

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   From: Nicholas K.
   Sent: Monday, January 27, 2014 2:32PM
   To: Michigan State Police

   Greetings,

   I am a graduate transportation researcher at Portland State University and Michigan native. I am conducting research on legal aspects of electric bicycles across the United States. It is my understanding that electric bicycles are classified as mopeds in the state of Michigan (Traffic Services Section Field Update #26).

   However, there is ambiguity in Michigan’s definition of “motor vehicle” that I would love for you to explain. “‘Motor vehicle’ means every vehicle that is self-propelled [with exceptions],” (MCL 257.33), but not all electric bicycles are self-propelled.

   This classification of e-bikes is called pedal-assisted electric bicycles (sometimes “pedelec”). In these models, the electric motor functions only when the operator pedals the bicycle. There is no throttle to self-propel the bicycle, rather the motor *assists* the user.

   How does MSP and Michigan Legislature view such devices?

   Best regards,
   Nicholas K.
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   From: Beatty, Steven (MSP)
   Sent: Mon, Feb 3, 2014 at 6:54 AM
   To: Nicholas K.

   Dear Mr. K.,

   The Michigan Vehicle Code sets forth how a pedal assisted electric bicycle, such as described in your e-mail, would be classified under Michigan law. Michigan Compiled Law 257.79 defines a “vehicle” as follows:
   “’Vehicle’ means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in section 2 of the mobile home commission act, Act No. 96 of the Public Acts of 1987, being section 125.2302 of the Michigan Compiled Laws.”
   Based on your description of a pedal assisted electric bicycle in which “the electric motor functions only when the operator pedals the bicycle,” it is clear that such device would be considered a “vehicle” as defined in MCL 257.79. This definition of a vehicle encompasses every device that is or may be used on a highway, except those devices exclusively moved by human power. Since the device you describe is not “exclusively” moved by human power, it would be considered a vehicle under the Michigan Vehicle Code.

   Since such a device is by definition a vehicle, it is not a “bicycle” as defined under MCL 257.4. Having been classified as a vehicle, it then becomes necessary to determine what type of vehicle it would be. MCL 257.33 defines a “motor vehicle” as follows:
   “’Motor vehicle’ means every vehicle that is self-propelled, but for purposes of chapter 4 of this act motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage.”
   Since the device you describe is not entirely self-propelled, it would not be considered a “motor vehicle” under the Michigan Vehicle Code. But such device would fit the definition of a “moped” as defined under MCL 257.32b, which provides as follows:
   “’Moped’ means a 2- or 3-wheeled vehicle to which both of the following apply:
   (a) It is equipped with a motor that does not exceed 100 cubic centimeters piston displacement and cannot propel the vehicle at a speed greater than 30 miles per hour on a level surface.
   (b) Its power drive system does not require the operator to shift gears.”
   Since the “pedal-assisted electric bicycle” you describe is a vehicle by definition, and is equipped with a motor that does not exceed the maximum piston displacement, cannot propel the vehicle at a speed greater than 30 mph, and does not require the operator to shift gears, it would fall within the definition of a moped under the Michigan Vehicle Code.

   The following are links to the above referenced statute:
   http://legislature.mi.gov/doc.aspx?mcl-257-4
   http://legislature.mi.gov/doc.aspx?mcl-257-32b
   http://legislature.mi.gov/doc.aspx?mcl-257-79
   http://legislature.mi.gov/doc.aspx?mcl-257-33

   I hope this information is useful to you.

   Steven G. Beatty
   Departmental Specialist 13
   Legislative and Legal Resources Section
   Office of the Director
   Michigan State Police
   333 S. Grand Avenue
   P. O. Box 30634
   Lansing, MI 48909
   DESK: 517-241-0922
   FAX: 517-241-0991
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   From: Nicholas K.
   Sent: Mon, 3 Feb 2014 07:40:16 -0800 (PST)
   To: Steven G. Beatty

   Hi Steven,

   Thank you for your reply. It is helpful to trace the logic, but I am left with one more stabbing question: because e-bikes are electric, and thus do not have an internal combustion engine with piston displacement, the two-part definition of moped with a CC specification would seem to not apply to e-bikes. Does the law allow for conversion of piston displacement to watts or horsepower? If so, which law?

   Thanks again,
   Nick
   ——————

   ——————
   From: Beatty, Steven (MSP)
   Sent: Mon, 3 Feb 2014 08:13:37 -0800 (PST)
   To: Nicholas K.

   Mr. K,

   Thank you for your additional question. I am not aware of any law detailing the conversion of piston displacement to watts or horsepower and I am not able to answer your question as to why there are no further definitions related specifically to pedal assisted electric bicycles in Michigan except to say that it is a public policy decision. Setting public policy is the responsibility of the Michigan Legislature, not the Michigan State Police. Any questions you may have regarding this decision are best addressed to the legislature.

   As previously detailed, such pedal assisted electric bicycles would clearly fall within the definition of a “vehicle” and would also fall under the definition of a “moped.” While a moped is a vehicle equipped with a motor, and the only limitations on that motor are that it not exceed the maximum piston displacement and cannot propel the vehicle at a speed greater than 30 mph. There is no requirement that such a motor be capable of any piston displacement, but if such motor is capable of piston displacement, such displacement cannot exceed the maximum allowance. In other words, a motor that would never produce any piston displacement is certainly a motor that would not exceed 100 cubic centimeters of piston displacement.

   Again, I hope this information is useful to you.

   Steven G. Beatty
   Departmental Specialist 13
   Legislative and Legal Resources Section
   Office of the Director
   Michigan State Police
   333 S. Grand Avenue
   P. O. Box 30634
   Lansing, MI 48909
   DESK: 517-241-0922
   FAX: 517-241-0991
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