It's the Law: Clearing up confusion about e-bike use on Idaho public lands - Post Register
Q. I recently purchased an electric pedal-assisted mountain bike to primarily ride local trails on Idaho’s public lands. After my purchase, a friend told me that my bike is legally recognized as a “motorized vehicle” and is not allowed on public lands accessible to traditional mountain bikes. Is this true?
A. Until recently, your friend was correct. Since the advent of electric bicycles, which are generally designed to have a small electric motor that provides the rider with an electric power assist, there had always been regulatory uncertainty surrounding their proper classification. For years, federal agencies have imposed restrictive access policies on e-bikes, treating them as motorized vehicles no different than your typical dirt bike motorcycle. This meant that on public lands managed by the Bureau of Land Management, National Park Service and other federal agencies, e-bikes were only permitted on trails typically used for ATVs, UTVs and other off-road motor vehicles. E-bikes were generally prohibited from single-track mountain bike trails.
However, these restrictions were largely lifted in 2019 when the U.S. Department of Interior entered an order — Order No. 3376 — effectively removing the “motorized vehicle” classification of e-bikes. On Aug. 29, 2019, the secretary of the interior entered its order, recognizing that e-bikes are largely indistinguishable from traditional bicycles and more appropriately classifying e-bikes as “low-speed electric bicycle(s)” falling within three different classifications:
Class 1: Electric bicycles equipped with a motor of less than 750 watts (1 h.p.), which is used to assist in propelling the bicycle only when pedaling with a maximum assist speed of 20 mph.
Class 2: Electric bicycles equipped with a motor of less than 750 watts (1 h.p.), which may be used to assist in propelling the bicycle without pedaling, by means of a throttle, with a maximum assist speed of 20 mph.
Class 3: Electric bicycles equipped with a motor, which is used to assist in propelling the bicycle only when pedaling with a maximum assist speed of 28 mph.
The order provides that e-bikes are to be allowed on the same trails as traditional types of bicycles. The purpose of the order was to resolve uncertainties surrounding e-bike regulations and to increase outdoor recreational opportunities for everyone. This order requires that federal agencies exempt e-bikes that fall within these three classifications from the definition of a motorized vehicle. With the removal of this restriction, e-bike riders should be able to enjoy more trails on public lands. It remains important that you consult with local jurisdictions to determine whether specific trails are accessible to e-bikes in addition to traditional bikes.
Ryan Jacobsen is an attorney practicing in Idaho Falls. This column is provided by the 7th District Bar Association as a public service. Submit questions to “It’s the Law,” P.O. Box 50130, Idaho Falls, ID 83405, or by e-mail to [email protected]. This column is for general information. Readers with specific legal questions should consult an attorney. A lawyer referral service is provided by calling the Idaho State Bar Association in Boise at 208-334-4500.
source: https://www.postregister.com/news/local/its-the-law-clearing-up-confusion-about-e-bike-use-on-idaho-public-lands/article_e89afeea-2d3d-5105-a251-99f2ec4ef5db.html
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