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HomeMy WebLinkAboutElectric Bicycles UpdateE-Bikes and Impacts on Community Safety Brent McKenzie, Legislative Affairs Director October 7, 2025 1 Today’s Presentation 1.E-Bike concerns 2.Code of Virginia 3.Local Municipal Code 4.Enforcement challenges 5.City Communications 6.Recommendations/Options 7.Discussion and Guidance 2 Guidance At the conclusion of today’s presentation, we are looking for: 1.How would the Council like to proceed utilizing existing authority? 2.Does the Council want to seek additional authority from the Commonwealth and what authority would you like to request? The Commonwealth does provide local governments limited authority to restrict where e-bikes can operate, but they do not provide authority to ban them or to keep them off local roads or out of local parks. 3 Community Concerns •Safety concerns for E-Bike users •Kids not ready for the responsibility, speed, and power of the bikes •Helmets not always being used •Increasing number and severity of accidents •Safety concerns for bystanders •E-Bikes moving too fast and recklessly on shared sidewalks, paths, and in parks •Road safety •E-Bikes not following traffic laws cause issues for vehicles maneuvering on the roadway with them 4 Standard Legislation Part 1 •41 states have adopted some form of the standard legislation as proposed by People for Bikes •Virginia adopted the standard legislation in 2020 (46.2-904.1) •Treats E-Bikes like a typical bicycle •Requires manufactures to affix a label containing bike class, top assisted speed, and motor wattage 5 Definitions •"Electric power-assisted bicycle" means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power, (ii) a seat for the use of the rider, and (iii) an electric motor with an input of no more than 750 watts. •Categorizes E-Bikes into three categories •1. "Class one" means an electric power-assisted bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour; •2. "Class two" means an electric power-assisted bicycle equipped with a motor that may be used exclusively to propel the bicycle and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; and •3. "Class three" means an electric power-assisted 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. Class three must have a speedometer.6 Standard Legislation Part 2 •All operators of a class 3 E-Bike are required to always wear a bicycle helmet •E-Bikes may be ridden in places where bicycles are allowed, including streets, highways, roads, shoulders, bicycle lanes, and bicycle or shared-use paths. With the below exceptions: 1. Following notice and a public hearing, a locality or state agency having jurisdiction over a bicycle or shared-use path may prohibit the operation of class one or class two electric power- assisted bicycles on such path, if it finds that such a restriction is necessary for public safety or compliance with other laws. 2. A locality or state agency having jurisdiction over a bicycle or shared-use path may prohibit the operation of class three electric power-assisted bicycles on such path. 3. A locality or state agency having jurisdiction over a trail may regulate the use of electric power-assisted bicycles on such trail. For purposes of this subdivision, "trail" means a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials.7 Code of Virginia Other portions of the code regulate E-Bikes and bicycles •46.2-906.1 Locality may adopt ordinance that requires anyone 14 and under to wear a bicycle helmet (same for any bicycle) * •46.2-903 Are permitted to ride on the sidewalk (same for any bicycle) •46.2-904 Locality may by ordinance prohibit the use on sidewalks. If ordinance is passed,signs shall be posted in general areas where the use is prohibited (same for any bicycle) •46.2-908.1 No person under 14 years old shall drive a class three E-Bike unless under the immediate supervision of a person who is at least 18 years old •46.2-1015 Every bicycle and E-Bike when in use between sunset and sunrise shall be equipped with a headlight on the front and a red reflector to the rear •46.2-1078 Are prohibited from wearing earphones in both ears while operating (same for any bicycle) •15.2-1720 allows a locality to require every resident owner of a bicycle, electric power-assisted bicycle, electric personal assistive mobility device, or moped to register it with the locality. Requires the locality to provide a license plate, tag, or adhesive license decal 8 Local code: Where E-Bikes are Allowed Part 1 •Current City regulations pertaining to where E-Bikes are allowed: •7-59: Permits E-Bikes on sidewalks and designated bike paths of the City,except where otherwise prohibited •7-59.1: Prohibits E-Bikes on Atlantic Avenue during the resort season and prohibits E-Bikes and bikes on sidewalks in the resort area at any time •Resort season defined as May 1 through September 30. Outside of that timeframe, E- Bikes are permitted on Atlantic Avenue •Resort area defined as the area, from and including, the sidewalk on the west side of Pacific Avenue to the Atlantic Ocean between Rudee Inlet and 42nd Street 9 Local Code: Where E-Bikes are Allowed Part 2 •7-59.2: Prohibits bikes and E-Bikes on beach, sand dunes, and boardwalk unless authorized by a special events permit •7-59.3: Prohibits E-Bikes on bicycle path adjacent to boardwalk, on grassy area adjacent to the boardwalk , on oceanfront parks and plazas •Only bicycles are permitted on boardwalk bike path •7-59.4: Prohibits E-Bikes on any sidewalk or plaza in Town Center •7-59.6: Prohibits E-Bikes in City owned parking garages 10 The Americans with Disabilities Act The Americans with Disabilities Act (ADA) defines mobility devices to include “other power-driven mobility devices”. An E-Bike is one type of other power- driven mobility device. A public entity shall make reasonable accommodations to its policies to permit the use of other power-driven mobility devices, unless the public entity can show that the class of other power-driven mobility device cannot be operated in accordance with legitimate safety requirements the public entity has adopted. Factors to consider whether a power-driven mobility device can be allowed in a specific location include: the type, size, weight, speed of device; volume of pedestrian traffic; the characteristics of the location; whether legitimate safety requirements can be established to permit the safe operation of the other power-driven mobility device in the location; and whether the other-power driven mobility device creates a substantial risk of serious harm to the immediate environment or natural or cultural resources on conflicts with federal land management laws. 28 CFR Sec. 35.137 11 Local Code: Operating an E-Bike •7-50: helmets required for riders 14 years old and under ($25 fine) •7-59: operators shall yield the right-of-way to pedestrians, give audible signal when overtaking pedestrians, dismount and walk E-Bike to avoid physical contact with any person (civil penalty of not more than $50) •7-60: Prohibits reckless riding, which is operating an E -Bike (or other listed wheeled device) “recklessly or at a speed faster than is reasonably proper, or in a manner so as to endanger the life, limb or property of the rider or of any other person” (Punishable as a traffic infraction with a fine of not more than $200) •7-64: Use of earphones in both ears while operating a E-Bike is prohibited (Punishable as a traffic infraction with a fine of not more than $200)12 Enforcement Challenges •City codes are complex and location specific •Need for additional signage in designated prohibited areas •Difficulty identifying types of E-Bikes while they are in operation •Including knowing if it has more than 750 watts and should be classified as a moped •Safety of E-Bike riders and officers •It is difficult to safely stop E-Bike riders in accordance with department policies and procedures •Officers frequently utilize an educational approach •ADA accommodations 13 Communications Initiatives •Parks & Recreation has presented updates to the Resort Area’s Transportation, Parking, Pedestrian Committee •An E-Bike user guide was developed for wide distribution,including to the VB Police Department and local bike shops •Communications initiatives to drive public education about the City’s efforts on E-Bike safety and enforcement are covered in the Strategic Communications Plan •An E-Bike information hub for residents and visitors was developed in September as a dedicated website and landing page and part of the City’s Hot List topic areas •The E-bike Solutions and Safety Task Force will meet on Oct. 9 with agenda items including: •replacement/new trail signage design, and locations •recommendations to the Transportation, Parking, Pedestrian Committee and Active Transportation Advisory Committee to request City Council on E-Bike related topics •planning for Spring 2026 Citywide Marketing/Educational Campaign •Video public service announcements are currently in development, including the first aimed at young people •A series of E-Bike blogs will be posted to the City’s website beginning in October •The City will leverage upcoming events in Q4 2025 for more public outreach to kids, parents and riders, including Halloween. 14 15 Recommendations •City Code 7-59.1(a) prohibits E-Bikes on Atlantic Avenue during the resort season •Now preempted by state law, recommend removal of this subsection •Add the three classes of E-Bikes to City Code •Virginia code requires riders of class 3 E-Bikes must be at least 14 years old unless supervised by someone at least 18 years old •Virginia Code requires a rider and passenger of a class 3 E-Bike must wear a helmet regardless of age, conflicts with City Code 7-50: requires all E-Bike riders 14 years or younger to wear a helmet •Enhance signage in prohibited areas 16 Options for Council Consideration Changes to where E-Bikes can operate: 1. Prohibit the operation of class one or class two E-Bikes on city shared-use paths •Law requires a finding that such a restriction is necessary for public safety or compliance with other laws •Requires a public hearing 2. Prohibit the operation of class three E-Bikes on city shared-use paths 3. Prohibit operation of E-Bikes on city trails •For purposes of this subdivision, "trail" means a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials. 4. Prohibit operation of E-Bikes on sidewalks All would require the placement of signage 17 Additional Options for Council Consideration Explore requiring owners of E-Bikes to register the bike with the city •Law requires the locality to provide a license plate, tag, or adhesive license decal •Would require a new process and materials •Would require extensive communication and education •Would have budgetary impacts Request additional authority from the Commonwealth or changes in Virginia Code •Add parks to where localities may prohibit e-bike usage •Increase the helmet requirement age (currently 14 and under) and the type of helmet •Eliminate the class 3 definition of an E-Bike and have those classified as mopeds 18 19 Thank You Questions?