On January 19, then govenor Phil Murphy signed a new e-bike law that will affect some of our membership. Unfortunately, there remains a great deal of contradictory language in the new e-bike law, which has a 6-month grace period. This has caused confusion particularly with regard to the requirements of Low Speed Electric Bicycles, those allowed by BTCNJ, and Motorized Bicycles, which are not approved for club use. 

Low Speed Electric Bicycles by definition have pedals, two wheels, pedal assist up to 20 mph, and no throttle. Motorized Bicycles have pedals, two wheels, and a throttle with a top assist speed of 28 mph. Low Speed Electric Bicycles (LSEB) require a license and registration for all users. The registration requirement specifies display of a license plate on the bicycle. Riders between the ages of 15-16 are required to obtain a special license; riders ages 17 and older may use their drivers license. Cyclists, whether owning or renting, are required to obtain appropriate documentation and coverage appropriate for their bicycle, and to be able to show law enforcement that they are indeed in compliance with the law. Bikeshares are specifically excluded from the law's requirements, however. 

Of concern is that the 6-month grace period does not clearly prohibit law enforcement agencies from stopping users or issuing citations in the near term. Because the law goes into effect immediately, it is possible that law enforcement agencies may begin stopping riders, requesting proof of documents, and issuing citations. Some local police departments are reporting immediate enforcement, particularly for age requirements. The law states that nonresident owners of Motorized Bicycles must comply with the laws that govern licensing, registration, and insurance in their own home state and that the new requirements in New Jersey will not apply to them. The law does not address nonresident uses of LSEB, but since it's unclear per above whether LSEB are a subcategory of Motorized Bicycles, actual insurance requirements are unclear. 

The New Jersey Bike Walk Coalition is working to address these issues, and has a blog on the subject. We also encourage our New Jersey members to contact their legislators so that this law doesn't put undue burdens on Low Speed Electric Bike cyclists. It is unclear whether LSEB riders require insurance, since the section of the law that describes requirements for LSEB does not mention liability insurance but in a later section the law states that riders must present proof of insurance to law enforcement if requested.

 

Note this article was extracted from the NJBWC blog:  https://njbwc.org/faq-nj-ebike-law/