Electric Bike Controversy in NYC

In New York City there's a struggle going on between the city and food-delivery workers who use electric bikes.  

https://www.huffingtonpost.com/entry/how-nycs-electric-bike-crackdo...

I sympathize with the workers, who are undoubtedly underpaid.  There should be a minimum fee schedule for them.  However, the electric bikes used by the couriers weigh more than 60 pounds and can go at least 25 miles an hour.  They have pedals the way people have appendixes.  I maintain that regardless of what they're called, such vehicles do not belong in urban bike lanes.  Properly regulated and on the streets, OK as much as any other motor scooter.  Lower-powered versions might work in the bike lanes as well.  Personally, I'd like to see them limited to 15 mph.  The trend seems to be 20 on up. 

Here's an interesting thread on those particular electric bikes.  I note that there is now a more powerful model:

https://endless-sphere.com/forums/viewtopic.php?t=89258

     

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Permalink Reply by Mark on July 16, 2018 at 8:21am

These bikes are becoming more common on the LFT.  It's just a matter of time until there is a serious crash when a runner pulls a u-turn in front of one of these bikes going 25+ mph.

Permalink Reply by Tricolor on July 16, 2018 at 9:11am

They're heavy, fast and going to really hurt someone when they crash. I'm expecting a disaster with one of those electric longboards first, though. They also go much faster than most bike traffic but on city streets.

Permalink Reply by Jim Reho on July 16, 2018 at 5:22pm

Unfortunately, the Illinois legislature, no doubt mightily influenced by lobbyists, has already decided.  Under new definitions fairly recently incorporated into Illinois law, "electric bicycles" that can go 20 miles an hour on throttle alone, as well as pedal-assisted electric bicycles going up to 28 miles an hour, can by default go anywhere a purely human-powered bicycle can go.  Anywhere.  Municipalities do retain the power to specifically exclude electric bicycles from paths, lanes, etc., at least for now.  

Chicago is a home-rule city and is allowed to make its own rules involving vehicles.  In Chicago, under the definitions in the municipal ordinances, an electric bicycle with any kind of motor, not purely human-propelled, is be defined as a "vehicle" and prohibited from going on bike lanes and paths.  We'll see how long that lasts.   

  

Permalink Reply by David Henri on July 17, 2018 at 8:15am

Jim,check out the link attached.  Illinois now classifies bicycles as "vehicles" also.

https://chicagotonight.wttw.com/2016/08/19/new-bike-law-gives-cycli...

Permalink Reply by Jim Reho on July 17, 2018 at 1:59pm

Close, but not exactly.  That law gives cyclists all the rights (and responsibilities) on the road that drivers of vehicles have.  It does not define a bicycle as a vehicle.  "Vehicles", as defined under Illinois state law, do not include devices moved by human power, i.e. bicycles.

(625 ILCS 5/11-1502) (from Ch. 95 1/2, par. 11-1502) 
    Sec. 11-1502. Traffic laws apply to persons riding bicycles.Every person riding a bicycle upon a highway shall be granted all of the rights, including, but not limited to, rights under Article IX of this Chapter, and shall be subject to all of the duties applicable to the driver of a vehicle by this Code....

(625 ILCS 5/1-217) (from Ch. 95 1/2, par. 1-217) (Definitions)
    Sec. 1-217. Vehicle. Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under Section 3-101(d) of this Code, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act. 

  

 

Permalink Reply by Tom A.K. on July 17, 2018 at 2:41pm

So Jim, are you saying that your interpretation of current laws is that it is illegal for any and all E-Bikes to be in Chicago's bike lanes?

Permalink Reply by Tom A.K. on July 18, 2018 at 2:17pm
Permalink Reply by Jim Reho on July 19, 2018 at 7:13am

Yes.

Chicago Municipal Ordinances section 9-4-010 Definitions                 “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except motorized wheelchairs, devices moved solely by human power, devices used exclusively upon stationary rails or tracks and snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois.

9-40-060 Driving, standing or parking on bicycle paths or lanes prohibited.
(a) The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on-street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane; provided, however, the driver of a bus may stop the bus in any such lane (i) at a designated bus stop for the purpose of loading or unloading of passengers, (ii) in case of an emergency; or (iii) as permitted in Section 9-48-050(d) of this Code. In addition to the fine provided in Section 9-4-025 of this Code, any vehicle parked in violation of this section shall be subject to an immediate tow and removal to a city vehicle pound or authorized garage.

In Chicago, under Chicago's home-rule powers, a bicycle is not a vehicle, but just about everything else moving for transportation is.  Vehicles are prohibited from going on any path or lane designated for the use of cyclists.  That's the basis for my opinion, and I think it's a sound one based on a reading of the plain language of the ordinances.  Whether or not they will change the ordinances to conform with the state's definitions is another question.   

Permalink Reply by Jim Reho on July 19, 2018 at 7:42am

Tom, the article you cite correctly sets forth the new Illinois e-bike definitions.  But your question is about e-bikes in Chicago, which is a whole different animal.  In 1970, the Illinois Constitution was amended to give all cities of 25,000 or more what is called "home rule" power.  Under home rule, cities can pass pass rules and ordinances in many areas that vary from state statutes.  The home rule ordinance will prevail against state law, which the exception being if the state has, by statute, provided that the area of law involved is only the province of the state.  It has long been established that the area of vehicle safety is an area appropriate for the exercise of home rule.  So, in Chicago, our ordinances trump state law, including the new e-bike definitions.

Here's an interesting (and mercifully brief) article about home rule powers in general if you're interested:

https://www.isba.org/ibj/2013/06/lawpulse/homerulerulessaystheillin...

Sorry to be so pedantic, but all if this is of significance to cyclists.  The simple rule is that when outside of home-rule municipalities, state law concerning bicycles and vehicles.  In home-rule municipalities like Chicago, the local ordinances apply and prevail over state law if there is a conflict.   

Permalink Reply by V W on July 19, 2018 at 6:57am

Isn't "pedal assist" still moved by human power? Even if it's also assisted by electric? And therefore fits the definition of bicycle?

Permalink Reply by Jim Reho on July 19, 2018 at 7:15am

Not in Chicago.  See my reply above.  To not be classified as a vehicle, a conveyance must be solely moved by human power.  Pedal-assisted bicycles are not solely moved by human power.  Again, this is under Chicago ordinances, which under home rule powers prevail over state law in the matter of traffic regulation, etc.  Or at least that's my firm belief.

Permalink Reply by V W on July 19, 2018 at 8:11am

+1

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