CAPE MAY COUNTY — A new law regulating electric bicycles is set to take effect in July, requiring riders to register and insure the vehicles.
The law, signed by former Gov. Phil Murphy as one of his final actions in office, was created following a series of fatal accidents.
In 2019, a detailed vehicle classification system was created, and defined electric bicycles as “low-speed electric bicycles.”
That legislation also separated E-bikes into three classes.
Class one E-bikes can reach 20 mph with pedal-assist. Class two E-bikes can be propelled exclusively by a motor through a throttle, still not exceeding 20 mph. Class three can reach 29 mph. Under the 2019 law, cyclists needed registration and insurance to ride only class three e-bikes.
E-bikes needed to meet these requirements to be allowed on the road.
The new law reclassifies all E-bikes as motorized vehicles and eliminates the three-class system that is used in 46 other states.
Bike enthusiasts feel threatened by the new legislation and worry about its impact on their lives.
Tom Roth, owner of Cape Island Bikes and a longtime cyclist, has become a local advocate for E-bike riders and has spoken adamantly about this new law.
Cape Island Bikes opened in 1997 and began renting E-bikes in 1999. The store has been selling E-bikes since 2018. Now, with locations at Congress Hall, Maycomber Hall and Sunset Boulevard, E-bikes have become the business’ main product.
Roth is an advocate for realistic legislation regarding safe operation. However, the new law has him worrying about riders.
“This whole legislation was pushed through so fast, based on the premise that it’s safety-minded,” Roth said. “The biggest problem I have is that the vehicles that are unsafe are not E-bikes.”
After signing the bill, Murphy explained that the legislation is a response to recent fatal E-bike accidents in New Jersey. He said that as E-bikes become more popular, regulations need to be updated to prevent accidents.
Roth agrees with Murphy and other government officials who believe in safe operation. However, Roth believes the newest legislation won’t make the roads safer for E-cyclists and pedestrians.
Roth explained that the vehicles causing these fatal accidents are not the typical E-bikes that legislation categorizes.
According to Roth, the vehicles that are involved in the recent accidents can be classified as E-motos. These are electric vehicles that exceed the original classifications.
“They’re beyond category because they’re faster than 28 miles and most have no pedals,” Roth said.
These vehicles move faster than the common E-bike and aren’t sold by registered bicycle retailers, he said.
“An Amazon E-bike is built by an uncertified person without the proper tools,” Roth said. “I’m very pro bike shop on this because bike shops will educate buyers on the rules of the road, who needs a helmet and what speeds are allowed. None of this is happening with the channels that are selling the E-bikes.”
By targeting all electric bicycles, Roth worries that the legislation won’t eliminate the specific vehicles causing the accidents.
These vehicles are grouped as regular E-bikes, but they exceed the classes.
District One legislators have been diligently monitoring the new legislation and New Jersey’s response.
As a cyclist, Assemblyman Erik Simonsen brought his biking and political experience into the conversation.
“As someone who’s spent a lot of time as a cyclist, I see both the benefits and the challenges that come with E-bikes,” Simonsen said. “I chose to abstain because I think we need to take a thoughtful approach, one that improves safety without going too far in limiting access.”
Roth expressed similar concerns about this legislation limiting access to E-bikes. He’s worried the law will impact e-bike riders and people who want to try them. He calls these people the invisible majority.
“The full effect is that it was such an overreaching legislation that it will inhibit the 95 percent people who will now have barriers to ride their bikes,” Roth said. “The invisible majority are the people coupled in their 50s and older who get grouped in with the troublemakers.”
A large percentage of Roth’s customer base is people 50+ who are looking for alternative ways to cycle and exercise.
Roth predicts that the people who rely on E-bike transportation for economic and accessibility reasons are the ones who will be most affected by this law
Like Simonsen, Roth agrees that safety regulations are important, but said they need to be thought out and researched to have a beneficial impact on riders.
Cape May founded a Bicycle and Pedestrian Advisory Committee in 2017. The committee’s primary priority is to provide educational programs on pedestrian, bicycle and low-speed vehicle safety.
Roth attends these meetings, as does Cape May Police Lt. Scott Krissinger.
Krissinger has been attending these meetings to learn more about E-bikes to ensure he enforces the new laws correctly.
“Bicycle safety is very important to us,” Krissinger said. “Actions in the beginning are going to be geared toward education.”
He explained that the department’s first steps since the law passed are to begin educating the public. He believes that before enforcing the regulations, it’s important that officers know what they’re enforcing and that the public understands what they’re being asked to do.
Materials such as safety pamphlets are being created to make information readily available and easy to understand.
Roth hopes that the state will reconsider the legislation before it goes into effect in July.
“I would suggest modifying the old legislation, which was pretty comprehensive, except that it didn’t address E-motos,” Roth said. “Add a category for beyond class, and they can require a license and insurance like it’s supposed to be.”
By JULIA DIGERONIMO/For the Star and Wave
