in response to richgrise
Where is my wrong button when I need it.
You said: "if it is, in fact, electric, then the rule is less than 1.5 brake horsepower and a top speed of no more than 25 MPH."
15 U.S.C. § 2085 : US Code - Section 2085: Low-speed electric bicycles
Notwithstanding any other provision of law, low-speed electric
bicycles are consumer products within the meaning of section
2052(a)(1) of this title and shall be subject to the Commission
regulations published at section 1500.18(a)(12) and part 1512 of
title 16, Code of Federal Regulations.
>>>>>> For the purpose of this section, the term "low-speed electric
bicycle" means a two- or three-wheeled vehicle with fully operable
pedals and an electric motor of less than 750 watts (1 h.p.), whose
maximum speed on a paved level surface, when powered solely by such
a motor while ridden by an operator who weighs 170 pounds, is less
than 20 mph. <<<<<<<<<
(c) Promulgation of requirements
To further protect the safety of consumers who ride low-speed
electric bicycles, the Commission may promulgate new or amended
requirements applicable to such vehicles as necessary and
This section shall supersede any State law or requirement with
respect to low-speed electric bicycles to the extent that such
State law or requirement is more stringent than the Federal law or
requirements referred to in subsection (a) of this section.
16 C.F.R 1512.2
Title 16: Commercial Practices
CHAPTER II: CONSUMER PRODUCT SAFETY COMMISSION
SUBCHAPTER C: FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS
PART 1512: REQUIREMENTS FOR BICYCLES
Subpart A: Regulations
1512.2 - Definitions.
For the purposes of this part:
(a) Bicycle means:
(1) A two-wheeled vehicle having a rear drive wheel that is solely human-powered;
(2) >>>>>>>> A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.<<<<<<<<<<<<<<<
(b) Sidewalk bicycle means a bicycle with a seat height of no more than 635 mm (25.0 in); the seat height is measured with the seat adjusted to its highest position.
(c) Seat height means the dimension from the point on the seat surface intersected by the seat post center line (or the center of the seating area if no seat post exists) and the ground plane, as measured with the wheels aligned and in a plane normal to the ground plane.
(d) Track bicycle means a bicycle designed and intended for sale as a competitive machine having tubular tires, single crank-to-wheel ratio, and no free-wheeling feature between the rear wheel and the crank.
(e) One-of-a-kind bicycle means a bicycle that is uniquely constructed to the order of an individual consumer other than by assembly of stock or production parts.
(f) Normal riding position means that the rider is seated on the bicycle with both feet on the pedals and both hands on the handlegrips (and in a position that allows operation of handbrake levers if so equipped); the seat and handlebars may be adjusted to positions judged by the rider to be comfortable.
[43 FR 60034, Dec. 22, 1978, as amended at 68 FR 7073, Feb. 12, 2003]
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