National Park Service sets forth their proposed e bike rules
The National Park Service (on the day after the National Wildlife Refuge System proposed somewhat similar and less complex rules; see that story here) has now set forth their own proposed e bike rules below. The comment period on the proposed rules (set forth in full at the bottom of this article) will run from April 8 2020 to June 8 2020. Comments can be made directly here. Clearly some groups are not going to be happy about ebikes in the NPS parks. Some industry insiders agree. More opinions here and here.
On August 29, 2019, Secretary of the Interior Bernhardt signed Secretary’s Order 3376, “Increasing Recreational Opportunities through the use of Electric Bikes.” The Order acknowledges there is regulatory uncertainty regarding whether e-bikes should be managed similar to other types of bicycles, or, alternatively, considered motor vehicles. The Order states that this regulatory uncertainty has led to inconsistent management of e-bikes across the Department and, in some cases, served to decrease access to Federally owned lands by users of e-bikes. In order to address these concerns, the Order directs the NPS and other Department of the Interior agencies to define e-bikes separately from motor vehicles and to allow them where other types of bicycles are allowed.
On August 30, 2019, the Deputy Director of the NPS, Exercising the Authority of the Director, issued Policy Memorandum 19-01, Electric Bicycles, which refers to a three-class system that limits the maximum assisted speed of an e-bike. The Memorandum requires superintendents to adopt state law in the same manner for e-bikes. The rule would amend 36 CFR 1.4 to add a new definition of “electric bicycle” that is the same as the definition used in the Policy Memorandum, with one minor difference, namely that the definition of e-bikes in the proposed rule would include devices of not more than 750 watts.
The rule would also state that superintendents will designate the areas open to e-bikes and notify the public pursuant to 36 CFR 1.7. E-bikes would not be allowed in other locations. The rule would also give superintendents the authority to limit or restrict e-bike use after taking into consideration public health and safety, natural and cultural resource protection, and other management activities and objectives. If warranted by these criteria, superintendents may use this authority to manage e-bikes, or particular classes of e-bikes, differently than traditional bicycles in particular locations. For example, a superintendent could determine that a trail open to traditional bicycles should not be open to e-bikes, or should be open to class 1 e-bikes only. Every restriction or closure that limits the use of e-bikes will be supported by a written record explaining the basis for such action.
Except on park roads and other locations where the use of motor vehicles by the public is allowed, the rule would prohibit an operator from using the electric motor to move an e-bike without pedaling. This restriction is consistent with the Policy Memorandum and intended to allow the public to use e-bikes for transportation and recreation in a similar manner to traditional bicycles. It would only affect the use of class 2 e-bikes, which have a motor that may be used exclusively to propel the e-bike. The NPS specifically requests comment on whether this restriction is appropriate or workable. Alternatively, the NPS could allow superintendents to implement this restriction at the park level if necessary in specific locations.
36 CFR Part 4
National Parks, Traffic Regulations.
In consideration of the foregoing, the National Park Service proposes to amend 36 CFR parts 1 and 4 as set forth below:
PART 1—GENERAL PROVISIONS
1. The authority citation for part 1 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102
2. Amend § 1.4 by adding, in alphabetical order, a definition for “Electric bicycle” and
revising the definition for “Motor vehicle” to read as follows:
§ 1.4 What terms do I need to know?
(a) * * *
* * * * *
Electric bicycle means a two- or three-wheeled cycle with fully operable pedals and an
electric motor of not more than 750 watts that meets the requirements of one of the following
three classes:
(1) "Class 1 electric bicycle" shall mean an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling, and that ceases to provide assistance when
the bicycle reaches the speed of 20 miles per hour.
(2) "Class 2 electric bicycle" shall mean an electric bicycle equipped with a motor that
may be used exclusively to propel the bicycle, and that is not capable of providing assistance
when the bicycle reaches the speed of 20 miles per hour.
(3) "Class 3 electric bicycle" shall mean an electric bicycle equipped with a motor that
provides assistance only when the rider is pedaling, and that ceases to provide assistance when
the bicycle reaches the speed of 28 miles per hour.
* * * * *
Motor vehicle means every vehicle that is self-propelled and every vehicle that is propelled by electric power, but not operated on rails or water, except an electric bicycle, a
snowmobile, and a motorized wheelchair.
* * * * *
PART 4— VEHICLES AND TRAFFIC SAFETY
3. The authority citation for part 4 continues to read as follows:
Authority: 54 U.S.C. 100101, 100751, 320102.
4. Amend § 4.30 by adding paragraph (i) to read as follows:
§ 4.30 Bicycles
* * * * *
(i) Electric bicycles.
(1) The use of an electric bicycle may be allowed on park roads, parking areas, and
administrative roads and trails that are otherwise open to bicycles. The Superintendent will
designate the areas open to electric bicycles and notify the public pursuant to 36 CFR 1.7.
(2) The use of an electric bicycle is prohibited in locations not designated by the
Superintendent under paragraph (i)(1) of this section.
(3) Except where use of motor vehicles by the public is allowed, using the electric motor
to move an electric bicycle without pedaling is prohibited.
(4) Possessing an electric bicycle in a wilderness area established by Federal statute is
prohibited.
(5) A person operating or possessing an electric bicycle is subject to the following
sections of this part that apply to bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and
4.30(h)(3)-(5).
(6) Except as specified in this section, the use of an electric bicycle is governed by State law, which is adopted and made a part of this section. Any act in violation of State law adopted
by this paragraph is prohibited.
(7) Superintendents may limit or restrict or impose conditions on electric bicycle use, or
may close any park road, parking area, administrative road, trail, or portion thereof to such
electric bicycle use, or terminate such condition, closure, limit or restriction after:
(i) Taking into consideration public health and safety, natural and cultural resource
protection, and other management activities and objectives; and
(ii) Notifying the public through one or more methods listed in 36 CFR 1.7, including in
the superintendent’s compendium (or written compilation) of discretionary actions referred to in
section 1.7(b).
