ELF pedal electric car on W&OD

[SolarBikeCar]

@JimK 148939 wrote:

are motorized vehicles allowed on the w&od?

Electric assist bicycles are regulated exactly like bicycles in Virginia and are specifically allowed on MUPs by law. Motorized skateboards are also permitted as is motorized wheelchairs. All other motor vehicles are prohibited. A gasoline powered bicycle is a motor vehicle and prohibited. An electric assist bicycle is not.

[Sunyata]

@SolarBikeCar 148941 wrote:

Electric assist bicycles are regulated exactly like bicycles in Virginia and are specifically allowed on MUPs by law. Motorized skateboards are also permitted as is motorized wheelchairs. All other motor vehicles are prohibited. A gasoline powered bicycle is a motor vehicle and prohibited. An electric assist bicycle is not.

Can you please provide the code sections that you reference above?

[SolarBikeCar]

@Sunyata 148942 wrote:

Can you please provide the code sections that you reference above?

The Virginia code is pretty clear that electric assist bicycles are regulated like bicycles. The W&OD trail is a multi-use bikeway trail and thus any bicycle (electric assist or not) is permitted to use it.

Virginia defines a shared use path as a bikeway (see 46.2-100.) Implicit in describing it as a bikeway is that bicycles are permitted to use it. Virginia Code defines two types of bicycles: bicycles and electric-assist bicycles. The Virginia Code sections that mentioned bicycles were recently updated to also include electric-assisted bicycles. This indicates a clear legislative intent to lump all bicycles together for regulatory purposes.

In addition to bicycles of all types, shared use paths are to accommodate “pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and other nonmotorized users.” Careless reading allows the mistaken interpretation that “and other nonmotorized users” phrase as requiring that bicycles, wheel chairs and skaters be nonmotorized.

A more reasoned interpretation is that “other nonmotorized” applies only to vehicles that have not previously been enumerated. Thus electric personal assistive mobility device (e.g. Segways), golf carts, low-speed vehicles, and mopeds are prohibited from trails because they are motorized, but electric wheelchairs and motorized skateboards are permitted even though they are motorized. A four wheel pedal car or a wagon sled pulled by dogs would also be permitted because although not enumerated as permitted vehicles, they are also not motorized.

If the definitions section isn’t clear that all bicycles including electric-assisted models can be operated on a shared use path, the legislature explicitly gives permission in § 46.2-903 and § 46.2-904. Virginia Code also specifically declares that “…any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle.” Therefore road signs or regulations that prohibit motorized vehicles on the W&OD are not referring to electric-assist bicycles, motorized wheelchairs or powered skateboards.

Section 46.2-904 does allow local jurisdictions to prohibit the operation of bicycles or skates in a public area that might normally be shared with pedestrians (like a shared use path.) This statute is worded to offer a choice to disallow skates, bicycles or both but does not allow local jurisdictions to prohibit a sub-category of skate or a sub-category of bicycle such as power-assisted ones. Thus local jurisdictions cannot legally enforce signs such as “No eBikes allowed”.

A trail could be converted into a scenic trail and regulated under Virginia Code § 10.1-204 D which restricts traffic on state trails to any combination of “foot, horse, or nonmotorized bicycle use”. Using this law to eliminate electric assisted bicycles on a bike trail would also eliminate many other vehicles such as strollers, skates, wheelchairs, skies, dog sleds, etc.

[huskerdont]

I haven’t any strong opinions about ebikes, but I have no idea what Tim Kelley thinks:

[ATTACH=CONFIG]12778[/ATTACH]

[Tim Kelley]

@huskerdont 148950 wrote:

I haven’t any strong opinions about ebikes, but I have no idea what Tim Kelley thinks:

[ATTACH=CONFIG]12778[/ATTACH]

Nodding.

[lordofthemark]

@SolarBikeCar 148948 wrote:

The Virginia code is pretty clear that electric assist bicycles are regulated like bicycles. The W&OD trail is a multi-use bikeway trail and thus any bicycle (electric assist or not) is permitted to use it.

Virginia defines a shared use path as a bikeway (see 46.2-100.) Implicit in describing it as a bikeway is that bicycles are permitted to use it. Virginia Code defines two types of bicycles: bicycles and electric-assist bicycles. The Virginia Code sections that mentioned bicycles were recently updated to also include electric-assisted bicycles. This indicates a clear legislative intent to lump all bicycles together for regulatory purposes.

In addition to bicycles of all types, shared use paths are to accommodate “pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and other nonmotorized users.” Careless reading allows the mistaken interpretation that “and other nonmotorized users” phrase as requiring that bicycles, wheel chairs and skaters be nonmotorized.

A more reasoned interpretation is that “other nonmotorized” applies only to vehicles that have not previously been enumerated. Thus electric personal assistive mobility device (e.g. Segways), golf carts, low-speed vehicles, and mopeds are prohibited from trails because they are motorized, but electric wheelchairs and motorized skateboards are permitted even though they are motorized. A four wheel pedal car or a wagon sled pulled by dogs would also be permitted because although not enumerated as permitted vehicles, they are also not motorized.

If the definitions section isn’t clear that all bicycles including electric-assisted models can be operated on a shared use path, the legislature explicitly gives permission in § 46.2-903 and § 46.2-904. Virginia Code also specifically declares that “…any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle.” Therefore road signs or regulations that prohibit motorized vehicles on the W&OD are not referring to electric-assist bicycles, motorized wheelchairs or powered skateboards.

Section 46.2-904 does allow local jurisdictions to prohibit the operation of bicycles or skates in a public area that might normally be shared with pedestrians (like a shared use path.) This statute is worded to offer a choice to disallow skates, bicycles or both but does not allow local jurisdictions to prohibit a sub-category of skate or a sub-category of bicycle such as power-assisted ones. Thus local jurisdictions cannot legally enforce signs such as “No eBikes allowed”.

A trail could be converted into a scenic trail and regulated under Virginia Code § 10.1-204 D which restricts traffic on state trails to any combination of “foot, horse, or nonmotorized bicycle use”. Using this law to eliminate electric assisted bicycles on a bike trail would also eliminate many other vehicles such as strollers, skates, wheelchairs, skies, dog sleds, etc.

Also oxcarts. Amish buggies. Horse drawn surreys with fringes on top, filled with trail lawyers.

[rcannon100]

as is motorized wheelchairs.

A motorized wheelchair would fall under the ADA and has absolutely nothing to do with motorized skateboards or bicycles.

[SolarBikeCar]

@rcannon100 148958 wrote:

A motorized wheelchair would fall under the ADA and has absolutely nothing to do with motorized skateboards or bicycles.

You have a too narrow view of disability if you think the only people covered under ADA are those in wheelchairs. Electric assist bicycles allow people with physical limitations to enjoy the W&OD.

[Vicegrip]

@SolarBikeCar 148960 wrote:

You have a too narrow view of disability if you think the only people covered under ADA are those in wheelchairs. Electric assist bicycles allow people with physical limitations to enjoy the W&OD.

And they are doing so without issue and without being told not to directly.

[Vicegrip]

@SolarBikeCar 148948 wrote:

The Virginia code is pretty clear that electric assist bicycles are regulated like bicycles. The W&OD trail is a multi-use bikeway trail and thus any bicycle (electric assist or not) is permitted to use it.

Virginia defines a shared use path as a bikeway (see 46.2-100.) Implicit in describing it as a bikeway is that bicycles are permitted to use it. Virginia Code defines two types of bicycles: bicycles and electric-assist bicycles. The Virginia Code sections that mentioned bicycles were recently updated to also include electric-assisted bicycles. This indicates a clear legislative intent to lump all bicycles together for regulatory purposes.

In addition to bicycles of all types, shared use paths are to accommodate “pedestrians, skaters, users of wheel chairs or wheel chair conveyances, joggers, and other nonmotorized users.” Careless reading allows the mistaken interpretation that “and other nonmotorized users” phrase as requiring that bicycles, wheel chairs and skaters be nonmotorized.

A more reasoned interpretation is that “other nonmotorized” applies only to vehicles that have not previously been enumerated. Thus electric personal assistive mobility device (e.g. Segways), golf carts, low-speed vehicles, and mopeds are prohibited from trails because they are motorized, but electric wheelchairs and motorized skateboards are permitted even though they are motorized. A four wheel pedal car or a wagon sled pulled by dogs would also be permitted because although not enumerated as permitted vehicles, they are also not motorized.

If the definitions section isn’t clear that all bicycles including electric-assisted models can be operated on a shared use path, the legislature explicitly gives permission in § 46.2-903 and § 46.2-904. Virginia Code also specifically declares that “…any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle.” Therefore road signs or regulations that prohibit motorized vehicles on the W&OD are not referring to electric-assist bicycles, motorized wheelchairs or powered skateboards.

Section 46.2-904 does allow local jurisdictions to prohibit the operation of bicycles or skates in a public area that might normally be shared with pedestrians (like a shared use path.) This statute is worded to offer a choice to disallow skates, bicycles or both but does not allow local jurisdictions to prohibit a sub-category of skate or a sub-category of bicycle such as power-assisted ones. Thus local jurisdictions cannot legally enforce signs such as “No eBikes allowed”.

A trail could be converted into a scenic trail and regulated under Virginia Code § 10.1-204 D which restricts traffic on state trails to any combination of “foot, horse, or nonmotorized bicycle use”. Using this law to eliminate electric assisted bicycles on a bike trail would also eliminate many other vehicles such as strollers, skates, wheelchairs, skies, dog sleds, etc.

You have posted in your webpage that you modified the elf car beyond legal requirements of being g an electric bike. You stated and described how you have bypassed the max speed controls and changed the gearing to increase the top speeds. If you want to argue the law you should also follow it.

[SolarBikeCar]

@Vicegrip 148963 wrote:

You have posted in your webpage that you modified the elf car beyond legal requirements of being g an electric bike. You stated and described how you have bypassed the max speed controls and changed the gearing to increase the top speeds. If you want to argue the law you should also follow it.

The federal government defines an electric assist bicycle for product safety purposes. The states decide on rules for operation of bicycles. The states are permitted to have more lenient definitions of e-bikes than the minimum standard set by the federal government. Virginia permits more power and higher speeds than the federal guidelines for e-bikes. I modified the bike to exceed federal guidelines but remain conforming to Virginia laws. Since Virginia regulates the W&OD, their rules, not the federal government’s apply.

[EasyRider]

@SolarBikeCar 148934 wrote:

Occasionally I’ll pass someone who does a judgy hurump (and this post is sure to spark some of them to comment here, again) but most people seem content (perhaps even happy?) to share the road or trail with an ELF. To those, I say: thanks for being nice to me.

Out of curiosity, how many other ELFs have you encountered during your commute? Have you/would you be able to pass or be passed by one with more than a foot to spare? I’m curious what it will be like for other trail users in 10 years when a line of 6 of 7 ELFs traveling at 20mph+ passes them with inches to spare.

[lordofthemark]

@SolarBikeCar 148960 wrote:

You have a too narrow view of disability if you think the only people covered under ADA are those in wheelchairs. Electric assist bicycles allow people with physical limitations to enjoy the W&OD.

The limitations to define disability involve limits on major life activities. I am not sure someone capable of riding an Ebike, but not a pedaled bike, would qualify.

[ShawnoftheDread]

@huskerdont 148950 wrote:

I haven’t any strong opinions about ebikes, but I have no idea what Tim Kelley thinks:

[ATTACH=CONFIG]12778[/ATTACH]

Tim Kelley is the kid on the playground who always starts the “fight!” chant.

[jabberwocky]

I’ve almost been hit a few times by some idiot in an ELF riding down the shoulder of route 7.

[Author]

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