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E-Bikers on Notice: Lower Sets Penalties for Violations

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By Christopher South

VILLAS – Lower Township is laying down the law for riders of e-bikes and e-scooters, as well as other powered bikes and low-speed vehicles, saying they’ll have to conform to traffic laws or face penalties.

On Monday, Oct. 6, the Township Council passed an ordinance with no public comment establishing regulations for operating electric bikes and scooters. The ordinance also includes small, motorized bikes and low-speed vehicles or golf carts.

Residents in numerous communities in Cape May County have expressed concern over the lack of regulation of e-bikes and e-scooters. Like many bicycle riders, operators of electric bikes and scooters have been seen riding on sidewalks, riding against traffic and not obeying posted traffic signs, among other transgressions.

The purpose of the ordinance is to include e-bikes and other vehicles in the “Bicycle Regulations” of the municipal code and address the use of such vehicles in the public right of way. The ordinance notes the risk posed to pedestrians on sidewalks, including seniors and children, and prohibits the use of e-bikes and e-scooters on sidewalks.

The ordinance identifies various types of electric vehicles, including Class 1 low-speed e-bikes, which only assist the rider who is pedaling; a Class 2 low-speed e-bike, which can propel itself; vehicles in both classes cannot travel at more than 20 mph; low-speed e-scooters, which have a maximum speed of less than 19 mph; low-speed vehicles that can travel at more than 20 mph but not more than 25 mph; motorized bicycles, bikes with a helper motor that may reach speeds in excess of 20 mph but not more than 28 mph, and a motorized scooter, which includes “pocket bikes, super pocket bikes, scooters, mini-scooters, sports scooters, mini-choppers, mini-motorcycles, motorized skateboards and other vehicles with motors not manufactured in compliance with federal motor vehicle safety standards.” The ordinance excludes vehicles used to enhance mobility for people with physical disabilities.

The ordinance outlines regulations for e-bikes and e-scooters, saying the operator must obey all traffic signs and the directions of an officer. The operator obey signs that prohibit turns, unless the rider dismounts and makes the turn as a pedestrian.

“No person shall ride or operate a low-speed electric bike” or other device named in the ordinance “in any direction except in the same direction as vehicular traffic traveling on the same side of the roadway,” the ordinance reads, and must travel on the righthand side of the road.

As with all motor vehicles, the operators of low-speed electric vehicles must yield to pedestrians in crosswalks.

They must be equipped with a white light in the front and a red light in the back, each visible from at least 500 feet. When carrying a passenger, the e-bike or other vehicle must have adequate provision for a passenger to ride safely. Riders must not operate an e-bike or other vehicle in a reckless manner.

Violators of any of the provisions of the ordinance are subject to a fine of $100 for the first offense and $200 for the second and subsequent offenses.

The ordinance passed without comment from the governing body, of which some members had expressed opinions at previous meetings. Mayor Frank Sippel, contacted on Tuesday, Oct. 7, said the council recognized the problems with e-bikes several months ago and decided to try to make the situation safer for e-bike operators and pedestrians.

“There was not much we can do because the state doesn’t regulate them – there is no license, no registration – but I think eventually it will go the way of mopeds,” Sippel said.

Moped operators in New Jersey must be at least 14 and have a moped license. Adults with a drivers license do not need to get a moped license. Sippel said to get the moped license, a young person has to read a manual on traffic regulations and take a test showing that they understand it. He said requiring a license for an e-bike would help in that regard.

In the meantime, Lower Township police have begun a positive ticket campaign, which rewards youths for wearing helmets and safe operation of bicycles. The mayor and township manager teamed with school resource officers during back-to-school night and addressed e-bikes with parents and guardians, telling them their children have to learn to follow the same rules as cars.

Sippel said he was hearing from a lot of people in the township, whose main concern seemed to be e-bikes and e-scooters on the sidewalks, which the ordinance prohibits.

“Every time I see the word e-bike it gets my attention.” he said.

Sippel said the council passed a resolution a few meetings back asking Gov. Phil Murphy to push to regulate e-bikes. The 1st District assemblymen have signed onto a bill that would regulate e-bikes.

Contact the reporter, Christopher South, at csouth@cmcherald.com or call 609-886-8600, ext. 128.

Christopher South

Reporter

csouth@cmcherald.com

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Christopher South is a reporter for the Cape May County Herald.

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