By John Spina
Jackson Hole News&Guide
Via Wyoming News Exchange
JACKSON — E-bikes’ rising popularity has led 28 states to regulate their use, but Wyoming is not one of them, leaving a gray area for towns and counties to navigate while determining how best to handle the trendy form of transportation.
The Teton County Board of County Commissioners and Jackson Town Council overwhelmingly supported e-bike access on pathways in December, with Councilman Jim Stanford as the only opposing vote. A small cohort of the Jackson community, however, has pushed back, saying e-bikes are dangerous, capable of traveling 28 mph, and illegal on nonmotorized pathways.
After town and county elected officials approved e-bikes on pathways, John Clark wrote in a Guest Shot in the News&Guide: “They are vehicles. They use a motor. They are motor vehicles.”
Clark uses a bicycle in his shuttle service for rafters on the Snake River. He said e-bikes don’t belong on pathways.
“E-bikes are great, but they belong in the slow-moving motor vehicle lane (shoulder),” he wrote.
Since Wyoming statutes do not define e-bikes, officials are unclear whether e-bike use on nonmotorized pathways is legal or illegal.
“When it comes to interpreting state law I would refer to the attorney general,” Pathways Coordinator Brian Schilling said. “But the current Wyoming statutes do not define the modern class of e-bikes that are now becoming more and more popular.”
According to Wyoming statute, e-bikes are most closely described as mopeds — a vehicle with operable pedals equipped with a power output no greater than 1,491 watts and a maximum speed of 30 miles per hour.
But, while mopeds are not allowed on sidewalks or bike paths by state statute, “these restrictions are inapplicable to electric bicycles since they fall outside of Wyoming’s definition of a moped,” according to People for Bikes, a national coalition of bike industry leaders and recreational users that advocates better biking infrastructure throughout the country.
The key difference is that an e-bike can be used as a traditional bike when the motor is turned off. Mopeds cannot be pedaled without its engine on, so they are classified as motorized vehicles.
The Consumer Product Safety Commission clarified the distinction by defining e-bikes as having “fully operable pedals and an electric motor of less than 750 watts [1 horsepower], whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.”
Many of the 28 states that have defined e-bike usage used this definition, but the National Park Service determined that e-bikes are motorized vehicles and are prohibited from nonmotorized pathways in national parks.
Seeing more e-bikes around Jackson Hole, officials decided they could get in front of possible state legislation to determine for themselves how e-bikes should be used. While state legislation could override the local ruling, town and county leaders saw this proposal as an opportunity to run a pilot program for e-bikes that could inform future discussions in Cheyenne.
“This is not immutable,” Schilling said. “The electeds reserved the right to change their policy in the future if e-bikes prove to be incompatible with pathways usage.”
County commissioners and town councilors grappled with the decision largely due to public safety concerns. Ultimately, they decided the potential for e-bikes to reduce traffic congestion, as well as possible environmental benefits, were too promising to pass up, especially because they believed safety concerns could be minimized by instituting speed limits and requiring permits to ensure public education.
“I know there are some safety concerns,” Mayor Pete Muldoon said. “I think permitting is an excellent way to get e-bike riders some information and set some standards for good behavior on the pathways. I expect that e-bike riders who get permitted will end up being some of our better-informed pathways users.”
As written, the ordinance allows class 1, 2 and 3 e-bikes with up to 750-watt motors capable of running up to 28 mph on pathways as long as each bike is permitted.
Though the council decided not to set speed limits, for fear of overburdening its police force with enforcing speed limits on pathways, it included a clause in the ordinance preserving the right to do so at any time.
The county has not outlined a plan for regulating e-bike usage, which it approved alongside the town, but it’s expected to closely mirror the town’s ordinance.
The town’s rule was approved at second reading May 21 by a vote of 4-1 with Stanford continuing to oppose the ordinance. The third and final reading will take place June 4.