You need to be signed in to use that feature! This article by Jason Blevins is my favorite article so far, as it explains things clearly, shows a variety of nuanced perspectives, and even asks the BLM folks what they are doing, as well as having a link to the order itself. The bikes and scooters may be convenient for some, but they pose dangers to others. On August 29, 2019, the U.S. Secretary of the Interior issued Secretarial Order 3376. Especially on the trails. We must understand that it will take some time to interpret and negotiate how e-bikes will impact our local trails. E-bikes’ ambiguous position between traditional bicycles and motorcycles has led to controversy over whether e-bikes should be permitted on non-motorized roads and trails. Fast forward to today and we are seeing legislation popping up everywhere trying to do the impossible – define e-bikes and manage their usage. BOR alone stated that e-bikes were still considered “off-road vehicles.”. E-bike usage in European countries has been mostly accepted by people on roads and on trails. For this post, we’ll stick to the latter, as it’s garnered t Legislation on e-bikes and e-bike use seems to be being made on a daily basis and can vary from country to country, state to state, and province to province, so we tend to see the rules as being semi-solid, that is if we even realize there are rules at all. Staff and the Advisory Board and the public researched relevant laws, conducted a pilot study and worked with IMBA. The proposed definitions, in contrast, include those up to and including 750 watts, or just over one horsepower. At least two lawsuits have been filed recently with regard to e-bikes on public lands. Colorado Sun Article on E-Bike Controversy. I’ve been around the industry for a while, but not as much as some, so I reached out to industry legend Tony Ellsworth (yes, as in Ellsworth Bikes) to gain a more seasoned perspective. Read Part 2. Pedal assist e-bikes are usually limited to lower speeds and intended to assist your pedalling with supplementary power. [1] The other primary land management agency in the United States is the U.S. Forest Service. There are no speed limits on the trails, there is no real form of policing either, and motorized vehicle use is banned in many of the areas where trails are built. Class 2:Bicycle equipped with a throttle-actuated motor, that ceases to provide assistance when the e-bike reaches 20 mph. [2] NPS responded to the order quickly, issuing Policy Memorandum 19-01 the following day. Class 2 e-bikes consist of throttle on demand motors where there is a trigger, or twist style throttle, like on a motorcycle, which engages the motor. Fast forward to today and we are seeing legislation popping up everywhere trying to do the impossible – define e-bikes and manage their usage. Environmental & Energy Law Program, 6 Everett Street This is the first part in a series of articles delving into the controversy surrounding eMTBs and their use on mountain bike trails. Or…? Categorical exclusions are actions pre-determined not to have any significant impact on the quality of the human environment. Name a type of riding, and there’s an e-bike for that. ASK (and ANSWER) in our NEW Rider's Forum! Electric mountain bikes (eMTBs) are relatively new on the scene and mountain bikers are freaking out. For recreationists, increased potential traffic and speed of e-bikes creates both higher risk of personal injury and a different visit experience. The faster we accept and work with e-bike groups, the more say we have and the sooner things will settle into place. NEPA’s two fundamental purposes are to compel agencies to: (1) consider the environmental consequences of and potential alternatives to proposed actions; and (2) provide information that allows the public to fully participate in the decision-making process. As of April 8, 2020, 380 units of the national park system (91%) had already implemented the NPS’s informal guidance. – Aspen Times. Thus, NPS argues a categorical exclusion should apply now. The consumer base for e-bikes may be growing rapidly, but the infrastructure to support e-bikes isn’t. Take NPS as an example. Posted on April 18, 2019 Author Staff Comments Off on E-Bike Controversy: When is a bicycle a motorcycle? Ellsworth agrees: “In my opinion, if it's got a motor, it's a motorbike – a lightweight, power-limited, range-limited motorbike.”. Already, MTBs have trouble differentiating themselves from motorcycles for access to primitive trails — adding an e-bike to trail access will make it more difficult for purely human powered bikes to secure access to trails.”. NPS therefore designates certain trails and areas—and sometimes certain times of day—for nonmotorized use only. IMBA would support the use of e-bikes anywhere that we could also support other motorized uses.”, To be clear, IMBA is neither for, nor against, e-bike usage. Electric mountain biking is stirring up a lot of controversy these days as land managers, advocates, the bike industry and fellow riders try to get their heads around how they fit into the off road recreational mix. There’s an e-bike for everything. So what do we do? Lahey is one of the area’s most vocal advocates for e-biking. They feature a pedal activated electric motor, so they’re also known as pedal electric cycles, or pedelecs. Among other claims, the suit argues that by publishing the guidance and approving e-bike use before amending the pertinent regulations (36 C.F.R. Lou Lentine, Echelon CEO, joins Yahoo Finance’s The First Trade with Alexis Christoforous and Brian Sozzi to discuss the controversy around its product on Amazon, its offerings and much more. Some people wonder, is the public demanding them or is the market demanding that the public want them? On April 2, 2020, the Department of the Interior proposed new rules regulating the use of electric bikes (e-bikes) on public lands. Follow him on Instagram @rebel_letters. Management of e-bike use in the urban forum is more easily accomplished than it is on our trails and rural areas. NEPA requires agencies to perform environmental reviews of their actions­­—sometimes very lengthy (Environmental Impact Statements), and sometimes less in-depth (Environmental Assessments). When I installed my first BionX kit on a Giant Sedona back in 2002, no one thought anything of a bicycle with a motor on it being legal or not. The proposed definitions include more powerful e-bikes than did the informal guidance, and they diverge from the only existing statutory definition. The four agencies proposed their new regulations in April 2020, and the rules are open for public comment until early June: Overall, the proposed rules operate in lockstep. Don't be happiness conservationists. More Powerful E-bikes. The Consumer Product Safety Act defines “low-speed electric bicycles” as those with motors under 750 watts. Celebrate together what you share before you so adamantly beat each other up about the method of attaining what you share.”. Most of the e-bikes being offered are Class 1 pedal assist bikes so yes, you still must work for your ride – somewhat. Josh spends most of his days riding all disciplines of mountain bikes in the vast terrain found all over British Columbia Canada. 05/06/2020 - Legal Analysis - Student Work. Rattan 48V 500W/750W Electric Bike for Adults Folding Bikes 3.0/4.0 Fat Tire Bikes 13AH Removable Lithium-ion Battery E-Bikes 7 Speed Shifter Electric Bicycle High/Low Step Across ebikes 5.0 out of 5 stars 107. 4 thoughts on “Colorado Sun Article on E-Bike Controversy” Rebecca Watson. 21 vote(s) 30.9% Maybe. BLM, FWS, and BOR’s rules create an opt-in system. E-Bike Controversy: World Cycling, Moto Racing Organizations Clash International Cycling Union officials denounced the International Motorcycling Federation … A common concern is that e-bikes will hasten the degradation of our hard-fought-for trail networks with their power and their ability to let riders traverse more trails in one day then if done by pedal power. Do we need e-bike-specific up-tracks for our trail zones? The U.S. Forest Service prohibits the use of e-bikes on its trails, as they fall under the agency’s definition of motorized vehicles. “Ebike” is probably the most controversial word that you can utter in mountain biking circles today. Best cheap electric mountainbike. With the epicenter of the e-backlash seeming to be centered around e-MTBs (as opposed to road e-bikes), we decided to take a look at why there seems to be so much trouble on the trails. Either way, e-bikes are out there. Harvard Law School $1,099.00 - $1,199.00 #11. Each of the proposed e-bikes rules relies on the same categorical exclusion from 43 C.F.R. In the second suit, filed December 5, 2019, a coalition of environmental groups including Public Employees for Environmental Responsibility and Wilderness Watch sued NPS in federal district court following NPS’s publication of its informal guidance. Consequently, e-bikes are allowed where traditional bicycles are allowed, rather than being limited to areas open to motor vehicles. You just installed the kit and away you went. Electric-assist bikes have grown exponentially in popularity over recent years. [2] By not going through notice-and-comment rulemaking, the agencies could implement the Order without receiving input from experts, stakeholders, and the public. Under the previous administration, the Forest Service issued a briefing paper and internal guidance concluding that, since they had motors and were “self-propelled,” e-bikes were motor vehicles and permitted only on roads and trails where other motor vehicles are permitted. This field is for validation purposes and should be left unchanged. I was confused and devastated to … [3] They can, however, help an agency take a “hard look” at the widespread impacts of a national policy shift. Discussion in 'Bad Dog Cafe' started by imwjl, Jun 3, 2019. Whether described as the elephant in the room, a dark horse, or the coming of Armageddon, there’s no denying that we will start crossing paths with electric bikes on the trails. The "Death Metal Mechanic" issues ten commandments to bike industry suppliers, Stay up to date with the latest news & advice, Save your address for more accurate local bike shop results, Pre-register for upcoming Demo Day events. In the States, there are three classifications of e-bikes. Read Part 1. Because it is within the Department of Agriculture and not Interior, the Forest Service is not subject to this order. With some additional regulations, e-bike road use has been reasonably easy to manage. I didn't receive my registration confirmation email. All Rights Reserved. The agencies, in changing the limit by a single watt, are effectively increasing the power of permitted bikes by 250 watts. The agencies’ widespread use of categorical exclusions avoids undertaking a broad programmatic analysis of the impacts of expanding e-bike access to public lands across the country, and limits opportunity for public involvement. The Coalition to Protect America’s National Parks argued in a public comment on NPS’s rule that “[b]y segmenting the service-wide implementation of its e-bike policy into literally hundreds of smaller actions, NPS has, in effect, neatly avoided conducting a necessary and thoughtful NEPA analysis of the potential impacts of introducing e-bike use onto existing park bicycle trails.” The Coalition also cited research indicating that, along with increasing road and trail traffic, permitting e-bikes would increase the average speed of bicycles in those areas, require expanding trails and other infrastructure improvements due to the decreased turn radius of e-bikes, and elevate the risk of serious accidents. 76,986 (Dec. 23, 2014). E-bike manufacturers generally offer e-bikes at 250-watt increments: e.g., there are 250-watt, 500-watt, 750-watt, and 1000-watt e-bikes. FWS issued guidance as well, along with Director’s Order No. Basically, e-MTBs are normal mountain bikes that take some of the effort of pedaling off your plate. With no programmatic review, the agency’s site-specific reviews should each include a rigorous review of e-bikes and their impacts. The remaining three land management agencies issued guidance on October 22, 2019, following Secretary Bernhardt’s order to do so. That makes us ask: The International Mountain Bike Association (IMBA) thinks so: “Use of a motor, whether internal combustion or electric, would require changing the classification to a motorized use. “I don't think the controversy is around hybridizing the cycling experience. Is the controversy about motors or something more? Josh worked retail in the bike industry for 12 years writing in his spare time just for fun. The three classes of e-bike are defined as: Class 1:Bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the e-bike reaches 20 mph. Pretty simple, add a motor to a bicycle, equals a motorcycle. Instead, the agencies should recognize that, whether the motor is engaged by a thumb, crank of a wrist, or push of a foot, e-bikes are motorized vehicles that should be restricted to areas dedicated to such use. Differences in Implementation. In the past year, Boise has seen death and injuries from people riding the bikes and scooters. While agencies often use informal guidance for minor changes in recreation policy, significant changes such as transportation plans and vehicle access, are usually made through rulemaking. The crux of eMTB bikes is that they are meant to be ridden just like your normal mountain bike on mountain bike trails, just with motor assist. In an essay stating his objections to e-bikes, Pinkbike’s Richard Cunningham summed it up this way: “Mountain bikes are a form of human-powered locomotion with which to experience the wonders and the challenges of the natural world. Environmental groups have pushed back, pointing to potential negative environmental and recreation impacts of allowing e-bikes on non-motorized roads and trails. Fork: : RockShox … Ellsworth reiterated these points and shared some of his well-earned wisdom collected from working in and loving the industry: “My overall concern about controversy is that everyone should be doing what we've been teaching our children to do for generations – share and accept differences. [3] See Kleppe v. Sierra Club, 427 U.S. 390 (1976); Final Guidance for Effective Use of Programmatic NEPA Reviews, 79 Fed. You do most of the pedaling, and the e-bikes motors will kick in and assist in pedaling. Yet in some markets, the thought of some out of shape person being able to make it to the top of a long challenging climb before shredding down the trails we worked so hard to build is enough to send a shiver up our spines. September 21, 2019 by Sharon. BLM issued an Information Bulletin and FAQ directing BLM land managers to authorize the use of all classes of e-bikes on BLM lands wherever traditional bicycles are permitted. This means more customers for our bike shops, another product to sell, and more importantly, another product to service. E-bikes are opening a new demographic of cyclist. Since so few units remain, the NPS proposed rule therefore focuses on allowing park superintendents to restrict e-bike recreation at their discretion (but discourages them from doing so). To gain more insight, I did what most others feared to do, I formed an opinion not from behind my keyboard, but from the saddle of an e-bike. The use of categorical exclusions and submission of comments like the Coalition’s suggest that these rules, when finalized, will likely be subject to litigation based on NEPA and other statutes. “They shouldn’t be allowed on our trails.” “They are going to ruin the sport.” 29er, 650b, 26" he doesn't discriminate. Each rule defines e-bikes distinctly from “motor vehicles” or “off-road vehicles.” The proposed rules generally treat e-bikes like traditional bicycles so long as the e-bikes are used in pedal-assist mode. That’s compounded by 10 times if you follow it with the word “Wilderness,” but for today’s discussion we are going to leave Wilderness largely out of it. There is also a fear that e-bikes possess the potential to hasten the degradation of our hard-fought-for trail networks with their power and capabilities. NPS argues that the new definition avoids “the unintended consequence of excluding many devices from the regulatory definition of an e-bike due to a one watt difference in power.” But this seemingly small change is hugely impactful. With most people living in, or near to, a densely populated urban area (think Marin, or North Vancouver), proper land management is absolutely key to maintaining recreation areas. The Boise Police Department says they will not ticket people for riding e-bikes and e-scooters while impaired. The pedal-assist e-mountain bikes used have motors with a max output of 250 watts and do not add power above 20 mph. e-bikes: Cool or controversy? There’s quite a bit of controversy around e-bikes in the mountain biking community because people see them as too easy compared to normal mountain biking. When I think of e bikes I think. Police say there's a certain amount of personal responsibility they want people to have when riding. The controversy surrounding the use of electric bicycles, or e-bikes, that raged last year on mostly paved turf administered by local city and county governments has now moved — as many people predicted it would — further into the backcountry. The real problem here lies in land use. (A fourth class exists, but e-bikes capable of speeds above 28 mph pushing out over 750 watts of power are considered a moped/motorcycle). Suite 4119 The fact is, at least as of now, there are very few non-motorized singletracks where you can ride an e-bike. E-bikes are motor-assisted bicycles controlled with a handlebar throttle or activated through pedaling. BOR issued public guidance and a detailed FAQ, and revised its internal Reclamation Manual, also allowing e-bikes where traditional bicycles are permitted. A sample of electric mountain bikes from Scott, Trek, Specialized, Merida, Haibike, and Giant. First off, let’s talk a bit about the technology. Frame material: : Alloy. As a 30++ year mountain biker and now owner also of an e-bike, it it quite clear from experience that e-motor bikes are motorcycles just as much as early Indian motorcycles and most early motorcycles were pedal assist bicycle with gasoline powered motors. The Order established definitions of different types of e-bikes based on their assistance and speed capabilities, and it directed the National Park Service (NPS), the Bureau of Reclamation (BOR), the Bureau of Land Management (BLM), and the Fish and Wildlife Service (FWS) to incorporate e-bikes into their governing regulations. E-bikes are not new to the world, but until recent years there seemed to be little to no legal intervention needed in the management of e-bike use on our streets and trails. Both these tasks are … Motorized vehicle-approved trails do exist, but they really don’t appeal to the traditions of MTBing. As we explained in our previous e-bike article, the European classification of e-bikes identifies 4 types of e-bikes, but we only need to focus on class 1 and class 2: Pedal Assist and Throttle on Demand. The proposed rules circumvent meaningful review under the National Environmental Policy Act (NEPA) of the environmental impacts of expanded e-bike use. The Department of the Interior’s proposed e-bikes regulations will significantly impact public lands recreation. With that behavior change comes reduced traffic congestion, more parking options, and a smaller carbon footprint. These bikes may or may not have pedal assist capabilities and their top speeds must not exceed 20mph. There is no denying that e-bikes are a heck of a lot of fun, and after one ride on an e-bike, I quickly realized that our opinions on the bikes themselves are not nearly as important as the implications they may have to our trail networks and natural environment. Agencies first responded to Order 3376 by issuing informal guidance documents. If a guy is excited about his bike he pedals with the assistance of a motor, while you wouldn't dream of packing an additional 10 pounds into the woods or you enjoy the independence of running without motorized subsidy, you still have wonderful things in common with the e-bike guy: 1) you’re outside, 2) you love wind in your hair, and 3) you’re willing to use your body to get that experience. The environmental groups also argue that NPS’s lack of environmental analysis violated NEPA’s procedural requirements, and that its reliance on an industry-dominated advisory group (since disbanded) violated the Federal Advisory Committee Act. E-bikes: What there is to know before you buy, Fall is the best time to build trails and here's why, Haibike recalls several models due to fork issue. NEPA generally requires environmental analysis to be somewhat site-specific, meaning that possible impacts must be considered in each particular area an action will take place. BLM, FWS, and BOR all directed their officers to allow e-bikes wherever traditional bicycles are permitted. 12 vote(s) 17.6% Some day. Still, for most actions, agencies classify the actions as falling within a “categorical exclusion” to minimize NEPA review. All the big trade shows of the past year saw both large and small brands proudly displaying their new line of e-bikes front and center. Setting aside the controversy over Bernhardt’s order, e-bikes have a promising future in urban transportation solutions. Specialization in e-bike repairs and maintenance may just save some local bike shops. We also need to see the positive impacts that e-bikes will have in the industry. If you’ve paid at least some attention to the news in the world of bikes, you’ve probably heard about e-bikes. According to NPS’s Transportation Planning Guidebook, having limited opportunities for non-motorized travel is one of “the three most commonly encountered transportation challenges” in national parks. UCI officials called the FIM e-bike races “banned events” and went on to say that any rider holding a UCI license who participates in them risks disciplinary measures. Many models have a setting where you can change the amount of help you get when pedaling, so you can decide whether you want t… Cannondale Trail Neo. Some environmental groups have publicly opposed permitting e-bikes on non-motorized trails on public lands, including prior to Order 3376. E-bike trail use however, has been more difficult to control. UCI officials called the FIM e-bike races “banned events” and went on to say that any rider holding a UCI license who participates in them risks disciplinary measures. Pedal assist bikes have a sensor that monitors the rider’s pedaling. 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