At Fahrbike, we’re committed to providing safe and enjoyable eBike experiences for all our riders. That’s why the recent advanced notice of proposed rulemaking (ANPRM) by the Consumer Product Safety Commission (CPSC) regarding eBike mechanical hazards is significant for us and our community. Although the ANPRM does not introduce new rules, it seeks input to inform future regulations.
Key Issues Highlighted
The ANPRM covers a wide range of topics with 52 specific questions. Here are some critical issues we believe are important:
Adoption of the 3-Class System: Will the CPSC implement a version of the 3-class system used by many states, and how will it align with state regulations?
Regulation of Higher Speed Ebikes: Will the CPSC regulate higher-speed eBikes, or will it defer to the National Highway Traffic Safety Administration (NHTSA)?
New Equipment Standards: Will new standards for braking and lighting systems be proposed?
It’s essential to note that batteries and electrical hazards are not within the scope of this comment period. All comments should be submitted through regulations.gov and must reference docket number CPSC-2024-0008.
Fahrbike’s Position and Recommendations
At Fahrbike, we oppose policies that discourage or suppress bicycling. We’re particularly concerned about inconsistent labeling and mechanical capabilities, especially regarding speed. These inconsistencies could lead to confusion and reduced bicycle access in some communities. We believe that Class 1 eBikes, which require pedaling for electric assist and do not exceed 20 mph, should be treated the same as traditional bicycles.
We support adopting the 3-class system with clear labeling and mechanical standards to ensure consistency. This would help communities and land managers reliably regulate bicycle access based on standardized labels and mechanical characteristics.
Out-of-class eBikes, including those marketed for off-road use with higher top speeds, pose a threat to shared-use paths, natural surface trails, and other public facilities. The term "out-of-class electric vehicle (OCEV)" is used to differentiate these from in-class eBikes, which should not be marketed or regulated as eBikes to avoid confusion.
How You Can Participate
For individual bicyclists, educators, and advocates, we suggest the following when commenting:
Share personal experiences with eBikes, highlighting the usefulness of the 3-class system and any mechanical issues encountered.
Address specific questions from the ANPRM, such as:
- Question 6: Relevant factors for defining an e-bike (e.g., weight, throttle capabilities, pedal-assist capabilities, speed governors, motor power, and batteries).
- Question 21: Different performance requirements for e-bike braking systems, especially disc brakes.
- Question 25: The need for specific marking, labeling, instructional literature, and packaging for e-bikes, particularly for new riders.
If you have experience with eBikes designed for children, share your thoughts on their safety and suitability.
- Question 15: Developmental capabilities of children to understand and operate e-bikes, including electric balance bikes.
- Question 31: Whether electric balance bikes need different performance requirements.
Share negative experiences with out-of-class eBikes, particularly those exceeding 20 mph with a throttle or 28 mph with pedal assistance. This could include limited trail access or negative interactions due to speed or operational capabilities.
- Question 5: How broadly should the Commission define e-bikes to reflect recent developments in the product category?
What to Expect Next
ANPRM Phase: CPSC is currently gathering information and feedback on existing issues.
Notice of Proposed Rulemaking (NPRM): Expected within a year, this will outline specific proposed regulations.
Final Rule: Anticipated within a year of the NPRM, all new e-bikes sold in the U.S. must comply with the Final Rule once it is issued.
Enforcement: CPSC can use fines and recall authority to enforce compliance with the Final Rule.
Now is the time to make your voice heard. Submit your comments and help shape the future of eBike safety regulations!
