Brian did an excellent post raising the host of issues we face with
the emergence of e-bikes. I've been following this as bicycle
representative on the Wisconsin Nonmotorized Recreation and
Transportation Trails Council. The hacking Brian refers to is known in
the e-bike world as "chipping" - use of add-on computer chip devices
currently available on the Internet to boost the speeds of e-bikes. So,
even though the bike may have a sticker applied by the manufacturer as
to wattage or top speed, that sticker does not necessarily represent the
limits of the bike because those limits can be easily increased. Given
human nature they will.
The DNR has through administrative rules legalized e-bikes on state
trails with a speed limit of 15 mph. The action was taken without
consultation with our council, which is mandated by state law. That
failure is a legal issue in DNR's development of a master plan for the
Sauk Prairie Recreation area (old Badger Army Ammunition Plant), where
DNR has proposed to allow use of motorcycles on mountain bike and
equestrian trails during certain periods, effectively excluding the
users for which those trails were designed. I was a witness for the Sauk
Prairie Conservation Alliance in its challenge of how the DNR has
handled the master plan. The contested case is expected to produce an
administrative judge's report perhaps by August and DNR will have to
react. Stay tuned.
That aside, I did ask the DNR property manager for our district,
John Arthur, how DNR planned to enforce the 15 mph speed limit. His
response: "We have radar certified people." Fine, but they have an
important safety function dealing with vehicles on park roads. A whole
other issue. DNR's not going to have wardens hiding behind bushes
recording bicycle speeds at speed traps on trails at the expense of
enforcement in state parks where the safety of park users is paramount.
That scenario is ludicrous.
Bill Hauda
On 7/12/2019 5:56 PM, Brian Mink via Bikies wrote:
In a certain sense this will be water over the dam in a short period
of time. Everyone should note that the Senate and Assembly bills
appear to be identical and they both allow both the DNR and local
government to pass local rules or ordinances that limit the class(es)
of electric bikes allowed on multi use paths and bikeways. Folks who
are concerned about the maximum speed of class 3 e-bikes (28mph)
should lobby city and county government to restrict that class from
multi use trails and bikeways and appear at DNR hearings that will
likely occur. No matter the class, everyone should keep in mind that
all of the common e-bike mid drive electric bicycles as well as hub
motor pedal assist bicycles are easily hacked to remove or fool speed
controls. So users with a bit of sophistication can either add in line
circuits or change firmware to remove the speed limitation for all
three classes.
I don't think most people will hack their e-bikes but there are always
those who do. I'm aware of one fellow riding a road bike with a
Copenhagen Wheel that has clearly hacked firmware. I tried chasing him
down one day and finally gave up because he was pulling away from me
at 28 mph. Ultimately it is the rider who is the real aberrant factor
here. Some people break the rules because they love to break rules and
the rest of us be damned.
Neither bill addresses the issue of policing which unfortunately
leaves it to other users of the trails and municipalities or the DNR
to hold cyclists engaging in dangerous behavior to account.
I think there is a place for Class 1 & 2 e-bikes on multi use trails.
Early on I had some objection to class 2 which does not require pedal
assist and can use a throttle but there are many riders with muscle
wasting diseases, arthritis, MS, and a host of other diseases or
deformities that preclude them from having enough muscle strength to
initiate and sustain pedaling. Class 2 has a firmware restricted speed
of 20 mph which is too fast for most multi use trails.
So, we should all be prepared to help guide municipalities as they
craft new rules and ordinances which can be crafted to limit classes
and maximum speed.
Brian Mink
Monona, WI
John Coleman via Bikies wrote on 7/12/19 4:23 PM:
As primarily a cyclist but also a pedestrian, I am concerned
about the speeds that are possible with little effort on eBikes. The
Class 3 eBikes identified in the state legislation can be motor
powered up to 28mph. Above that it's all leg power. for more detail
see: Senate Bill 129
<https://app.box.com/s/tq011qz9cju9xu2kqz5205rteougx2av>
Mr. Arnold of Bike Fed., below, asks why pick on electric bikes
for special attention. I respond with "Because making it easy to go
28mph promotes going 28mph." We all like to go fast. But under leg
power, going 28mph requires substantial effort that few are willing
to put out for more than a short period. When it is possible to go
28mph with little effort because a motor is providing most of the
oomph, more people will go 28mph.
I am overjoyed, and sometimes chagrined :), at the number of
people that now use the ped/bike paths. I support getting more
people on bikes, on their feet and out of cars and if that involves
e-bikes, fine. What I can not support is legislation that
facilitates unsafe speeds on shared paths. eBikes on
pedestrian/bicycle paths, that are not limited to a typical speed of
unassisted bikes, promote higher speeds.
Maybe, as Mr. Arnold suggests, speed limits on shared paths is
a step in the right direction, maybe there are other approaches. In
any case, we can't pretend a 28mph bicycle on a shared path isn't an
issue for a pedestrians going 2.8 mph. I hope conversations such as
the one on this listserv help to guide us in the right direction.
take care,
john
p.s. we've been discussing this on the Marquette Neighborhood
listserve and I'm copying a post from there in case anyone wants to
investigate the specific legislation:
-------- Forwarded Message --------
*Subject: *[MarqNA] eBike vs eScooter Wisconsin legislation
*Date: *Sun, 7 Jul 2019 12:27:02 -0500
*From: *John colema...@ameritech.net [MarqNA] <mar...@yahoogroups.com>
*To: *marqna <mar...@yahoogroups.com>
To be clear, there are bills in the the Assembly and Senate for
Electric Bicycles and, separately, for Electric Scooters. The Senate
and Assembly versions appear identical or very similar. Their exact
status is difficult to determine. The bills are linked below:
Assembly Bill 132
<https://app.box.com/s/qrzq0r46253d8bp80j4r9uy8zbb5ac89> - regulating
_eBikes_ - passed during Assembly 6/20/2019 2019 Regular Session
and sent to Senate
Assembly Bill 159
<https://app.box.com/s/rzkj2xfkw6lvsuqz4ib4h0bkjhtzudhb> - regulating
_eScooters_ - "Laid on the table" during Assembly 6/20/2019 2019
Regular Session
Senate Bill 129
<https://app.box.com/s/tq011qz9cju9xu2kqz5205rteougx2av> - regulating
_eBikes_ - "Available for scheduling" at the Senate
Senate Bill 152
<https://app.box.com/s/o33vb51xqld52wb437jon4syn3m0q5vz> - regulating
e_Scooters_ - Presented to the Governor on 7-3-2019
The eBike legislation limits _electric bicycles to a max of 28mph
under motor power_.
The eScooter legislation limits_electric scooters to a max of 20mph
under motor power._
Do not confuse the above _legislation_ with the BCycle _rental
program_ (white bikes in racks around town). Trek has decided to
limit those eBikes to a max of 17mph under motor power for their own
reasons.
The eBike legislation states:
"In general, an _electric bicycle is subject to the same rules as
other bicycles_ and an operator of an electric bicycle is subject to
the same rules and is afforded the same privileges as operators of
other bicycles..." with a few exceptions, see the linked bill.
The eScooter legislation states:
"The bill authorizes electric scooters to be used on certain highways
subject to the _same requirements as apply under current law to
EPAMDs._" (Electric Personal Assistive Mobility Device).
The legislation and the legislative history is available at:
https://legis.wisconsin.gov/ but difficult to muddle through.
On 7/12/2019 3:20 PM, bikies-requ...@lists.danenet.org wrote:
We all have seen bicycle athletes on completely
human-powered bikes hammering down multi-use paths without regard to
other users. Why pick out e-bikes, or Copenhegen Wheel users, for
special attention?
--
Steve Arnold, Former Mayor, and
Chair, Wisconsin Bike Fed Board of Directors Lobbying Committee
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