Jan commented on this post:
“You can ride on side of right side of road and, only on sidewalks when NOT using motor. And you do need a bicycle registration! No license is needed. It goes under a Federal Law! I also have an elec. scooter… Note, it is NOT a Moped if propels under 20 miles an hr. I was pulled over this past Thursday in Port Orange and handed a Florida Bicycle Law Enforcement Guide booklet and told my ride was a Moped. After searching the manufactures website I found info we need. My scooter is a Voltage 500GT that I purchased from Daytona Hawk.
Your bicycle speed must be under 20 MPH when propelled. I have an electric scooter which only runs at 20 MPH or under and I was informed by the Police dept in Port Orange that I needed a license and registration. I found out that Fed. Law over-rules State Law and I am not required to reg. nor need a license. It is considered an Electric bicycle and NOT a moped. My electric scooter is made by Voltage Electric Vehicle corp. If you need help proving your elec. bike fits that description please see their website and click on ” LAW ” You do need a Bicycle reg. though….”
Since this covers a number of possible vehicles and there is a question about the applicable laws, we will treat this as a new post. The vehicle mentioned seems to meet the requirements to be a “bicycle” under the state definition, which is not more restrictive than the federal definition below.
A motorized bicycle that meets the definition of “bicycle” in the statutes need not be registered or titled, and the operator is not required to have a driver’s license.
s. 316.003 – Definitions
(2) Bicycle – Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.
Confusing the issue is that at least two dealers selling the Voltage GT 500 mentioned above refer to s. 316.2068 on their websites. The most common brand is the Segway. They can be used without a license or registration and can be used on sidewalks, bike paths and the roadway. The Voltage GT 500 is not an EPAMD since it has tandem wheels and is not self-balancing.
s. 316.2068 – Electric Personal Assistive Mobility Devices; Regulations
(1) An electric personal assistive mobility device, as defined in s. 316.003, may be operated:
(a)On a road or street where the posted speed limit is 25 miles per hour or less.
(b)On a marked bicycle path.
(c)On any street or road where bicycles are permitted.
(d)At an intersection, to cross a road or street even if the road or street has a posted speed limit of more than 25 miles per hour.
(e)On a sidewalk, if the person operating the device yields the right-of-way to pedestrians and gives an audible signal before overtaking and passing a pedestrian.
(2)A valid driver license is not a prerequisite to operating an electric personal assistive mobility device.
(3)Electric personal assistive mobility devices need not be registered and insured in accordance with s. 320.02.
(4)A person who is under the age of 16 years may not operate, ride, or otherwise be propelled on an electric personal assistive mobility device unless the person wears a bicycle helmet that is properly fitted, that is fastened securely upon his or her head by a strap, and that meets the standards of the American National Standards Institute (ANSI Z Bicycle Helmet Standards), the standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for Use in Bicycling), or any other nationally recognized standards for bicycle helmets which are adopted by the department.
(5)A county or municipality may regulate the operation of electric personal assistive mobility devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the governing body of the county or municipality determines that regulation is necessary in the interest of safety.
(6)The Department of Transportation may prohibit the operation of electric personal assistive mobility devices on any road under its jurisdiction if it determines that such a prohibition is necessary in the interest of safety.
The statutory definition of an Electric Personal Assistive Mobility Device is as follows:
s. 316.003 – Definitions
(83) Electric Personal Assistive Mobility Device
Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Electric personal assistive mobility devices are not vehicles as defined in this section.
The Voltage GT 500 is an electric bike that seems to meet the state definition above of “bicycle” and therefore has the same requirements as a bicycle. No driver’s license is required and the vehicle is not a motor vehicle and does not need to be registered with the state DMV. It can be used wherever a bicycle can be used.
All bicycles resident in Daytona Beach must be registered with the city due to a local ordinance, but that is different from the state DMV registration as a type of vehicle.
One possible problem with federal requirements the Voltage GT500 might be that, according to one dealer I talked to the pedals are minimally functional. “It’s like riding a tricycle”, he said.
The Federal Law is similar to the state definition above of bicycle and supports the use of electric bikes. It requires “fully operable pedals”. I don’t know what that means and apparently it hasn’t been tested in the courts. The state definition of “bicycle” assumes pedals but does not mention them.
116 STAT. 2776 PUBLIC LAW 107–319—DEC. 4, 2002
Public Law 107–319
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:
“LOWSPEED 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.
Approved December 4, 2002.
The Voltage GT 500 is not a motorized disability access vehicle since that requires gasoline motor power.
It also is not a moped, since it meets the state definition of “bicycle”.