With no local ordinances, ebike users navigate ‘gray’ operating rules

Police scanners everywhere have had a flurry of activity in recent months around accidents involving ebikes and motorized scooters locally, statewide and nationally.

Crashes "happen all the time, unfortunately, with the congestion downtown and people not following" the laws, Laconia Fire Chief Tim Joubert said.

In nearby Pelham, on Sept. 23, a 16-year-old high school student was struck by a Jeep while riding to school and seriously injured. On Sept. 7, a 77-year-old man in Brooklyn, New York, was killed after his scooter hit a cyclist in a bike lane. And in Massachusetts, the Methuen School Committee has been discussing a ban, or restriction, on students without a valid driver’s license riding ebikes on school property, following an increase in accidents and riders without a helmet.

The popularity of these modes of transportation is growing — and so is a lack of clarity about the law.

“It's a new world. We’re seeing it all over the place,” said Belmont Police Capt. Evan Boulanger. “We’re seeing pretty young kids zapping around town. It can be kind of a dangerous situation, especially if they’re cutting across roads.”

And he’s right: Most ages are currently permitted to operate an ebike, depending on its classification.

New Hampshire RSA 259:27-a went into effect in August 2019, signed by then-Gov. Chris Sununu (R-NH). The definition of an ebike, according to state law, is simple: “‘Electric bicycle’ shall mean a pedaled vehicle equipped with an electric motor of less than 750 watts.”

But it becomes nuanced, and quickly, depending on the type.

There are three classifications:

• Class 1: Pedaled vehicle with a motor that provides assistance only when the rider is pedaling; the motor is capped at 20 mph, but the operator can continue to manually pedal
• Class 2: Pedaled vehicle with a motor that can "exclusively propel” the ebike without pedaling and features a throttle; the motor is capped at 20 mph, but the operator can continue to manually pedal
• Class 3: Pedaled vehicle with a motor that provides assistance only when the rider is pedaling; the motor is capped at 28 mph, but the operator can continue to manually pedal; these are prohibited most from rail trails in the state, and no one under the age of 16 is allowed to operate

By law, ebike manufacturers and distributors are now required to place a sticker on the vehicle denoting the class, top assisted speed, and wattage.

Which roads these bikes are allowed on, or even sidewalks, is still unclear. Since the new law several years ago, little has changed. Ebikes are still largely treated as manual bicycles, despite the surge in accidents.

“The law is relatively new as the phenomena of ebikes evolve. Some [areas] are gray,” Boulanger said.

Town and city leaders across the state could entertain the idea of their own ordinances, especially when it comes to sidewalk use, but none exist yet in the Lakes Region.

“These seem to embolden people to feel a little more safe,” Boulanger said. “I think we’re probably going to see some more laws coming in the not-so-near future.”

Ebike users should continue to follow the rules of the road and the sidewalk.

“If they’re gonna be riding on the road, obey the rules of the road. Treat it like any other vehicle, really. You’re supposed to obey, yield and be courteous; there’s laws for that,” he said. “If you’re on the sidewalk, I would yield to pedestrians.”

As far as helmets are concerned, Class 3 ebikes require them for operators and passengers under the age of 18. Classes 1 & 2 follow the same law for traditional bicycles. In the State of New Hampshire, this requires anyone under the age of 16 to be wearing a helmet on both an ebike and a manual bicycle.

In Franklin, the police department recently reminded its fanbase of the state law on social media, leading to much chatter in the comments section.

“They are not bicycles. As we know them they’re more like freaking dirt bikes and they are out on the roads. It’s about time the law starts stepping up and doing something about this. I don’t feel like hitting one and killing somebody and then I would be charged. How many of them are driving them things, do you think, are drinking because I know a few adults that have one because they can’t get a driver’s license. Outlaw or make new laws have to have a permit,” Tammy Howe posted.

Others were glad to see the reminder.

“Yes, inform the public that other transportation types exist and you need to share the road. Just because you drive a car doesn't mean you get to drive recklessly. Just like a motorcycle, be slow, allow them to move over and don't honk excessively. You live in a town and state with heavy bike use, respect others,” Kandie Lee Trent wrote.

For more information or to find additional resources on e-bike and scooter safety, visit bwanh.org/e-bikes.

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Katlyn Proctor can be reached at katlyn@laconiadailysun.com or by calling 603-524-0150.