How does an ebike owner protect themselves from being caught between how the federal government regulates and their city or state?

Written by Matt Dailida, LEVA Member and Chair of its Legislative Committee and is Vice-President, Government Affairs and Business Development at Segway, Inc.

The U.S. Constitution establishes a government based on Federalism or the sharing of power between the Federal and State governments. Under the Constitution, both the Federal and State governments are granted certain exclusive powers and in other cases, shared powers. One such shared power is making and enforcing laws. That said, Federal law trumps all States' laws. States cannot constitutionally pass legislation that reduces or eliminates Federal laws; they can only pass legislation that enacts additional or tighter restrictions on its people.

Since 2001, the United States federal law has vested setting safety standards of electrically driven bicycles to the Consumer Product Safety Commission (CPSC). The CPSC, under (23 U.S.C. § 217(j)(2)) stipulates that so long as a manufactured low speed electric bicycle which meets the following standard - "fully operable pedals, an electric motor of less than 750W of power and a top motor-powered speed not to exceed 20" it shall not be considered a motor vehicle. As well, and most importantly, the state must regulate the electric bicycle as a bicycle. These provisions superseded any State law regarding low-speed electric bicycles which was in existence at that time or since then. Read More