Oregon Senator says ‘Class 3’ in e-bike bill proposal was a misnomer

A bill that states, “people may not ride Class 3 e-bikes on bike lanes, sidewalks or bike paths,” and has set off alarm bells across the state has inaccurately described the problem it seeks to solve. In an interview with BikePortland today, Senator Floyd Prozanski said he introduced Senate Bill 471 in draft form so it could be filed before the legislative session began (today is the first day of session).

SB 471 as it was introduced would make sweeping changes to the Oregon Vehicle Code. It would make a popular category of electric bicycles, Class 3 e-bikes with a motor that can assist riders who continue pedaling up to 28 mph, legally akin to mopeds. That change would throw an entire industry and user group into chaos as it’s nearly impossible to differentiate Class 3 bikes from their Class 1 (up to 20 mph pedal-assisted only) and Class 2 (up to 20 mph with a throttle) brethren. 

A local bike shop employee told BikePortland in an email yesterday that they’ve had several conversations in the past week with customers who are, “Concerned that their newly purchased Class 3 bikes will not be of any use if the proposed bill goes through.” Another bike shop employee said, “This proposal reflects a fundamental misunderstanding of Class 3 e-bikes and their users.” Respected e-bike site Electrek said if we follow the logic of banning Class 3 e-bikes from bike lanes and paths, “then we might as well just ban cars capable of highway speeds from being operated on city streets.”

Asked today where the impetus for the bill came from, Sen. Prozanski said he was inspired by behaviors he and his riding partners see while out on the road. “The bill is based on what we observe when we ride. I log a heck of a lot of miles [on my bike] every year. I got 8,300 miles this last year. And of course, some of that is on multi-use paths. And that’s where the main focus is for the bill, even though I know the bill is written much broader than that.” Prozanski, who doesn’t own or ride an e-bike of his own, said the bill was rushed to meet a filing deadline and that “It is a starting point for consideration… I truly expect that the bill as written will be modified and we’ll take into some more conversations.”

Further into my conversation with Sen. Prozanski today it became clear he’s mostly concerned with small electric motorcycles and mopeds that are increasingly popular and are often ridden at high speeds on paths like the Eastbank Esplanade and Springwater Corridor. “I’m really most concerned with the full throttle bike, where you have no requirement to do any type of physical assist,” Prozanski said. “Why would we be allowing a fully motorized, non human assist bike to utilize those paths?”

Prozanski has a point, but his bill specifically calls out Class 3 e-bikes, which by law do not have throttles and must be pedaled. Asked why he chose language for the bill that doesn’t match the problem he’s trying to solve, Prozanski acknowledged that, “It was probably a misnomer on my part.”

The senator clearly has an issue with people using two-wheeled vehicles with throttles and without any human power input on lanes and paths designated specifically for bicycle riders. So how are e-bike riders different than a person riding a non-motorized bicycle at a high rate of speed? “I think this is where we’re at now is to have this more open discussion as to what would be the most appropriate [response]. What I’m looking for is safety and courtesy.”

Safety on paths and people using e-motos (my word for a class of vehicle not yet defined in Oregon Vehicle Code) in a dangerous manner is an important issue to address. But industry experts recommend focusing regulation on behaviors, not specific vehicle types. That’s how we regulate a much more dangerous vehicle: cars.

I asked Sen. Prozanski if he’s worried about the confusion and concern his bill has caused with many e-bike owners and retailers. “I don’t own one, so I can’t put myself in their position,” he said. “But I can tell you that I have friends who have e-bikes who’ve raised similar concerns with people that are abusing those paths with that type of vehicle.”

If this bill gets a public hearing (it’s currently in line for one in the Senate Judiciary Committee), it will be interesting to learn where the conversation goes from here. Sen. Prozanski clearly has an issue with motorized bicycles that don’t require human power. Even after saying using “Class 3” was a misnomer, he continued to share concerns about the use of “motorized vehicles” on paths. At one point he dismissed concerns about risk of e-bike legislation resulting in a law that is so broad that it captures safe, law-abiding cyclists.

“I’ve heard some concerns that, ‘Well, this means some people won’t use bikes for commuting,'” Prozanski said. “You know, people are going to have to make choices, but those those paths are not made for, and were not designed for, motorized vehicles to the degree that I’ve seen.”

When I shared with Prozanski that Oregon State Parks officials have told me they see fast cyclists on non-electric bikes pose a bigger problem on some carfree paths, he said, “There are a lot of individuals that ride all types of things that are just jerks. And you can’t regulate jerks per se, right?”

It’s unfortunate that this bill has caused so much confusion and concern. It follows in a long line of similar “conversation starters” from Oregon legislators who’ve hastily proposed bills that would have major ramifications for bicycle users, only to walk them back and/or pull them altogether. Former Oregon House Representative Mitch Greenlick introduced a bill in 2011 that would have banned people from carrying children on bicycles, only to shelve the idea two months later following vociferous pushback. And Prozanski himself went through this in 2008 when he attempted to expand Oregon’s helmet law and make them mandatory for adults, and was forced to pull it back after it caused outrage among many Oregonians.

Best case scenario here is that SB 471 can be amended to make meaningful progress on the use e-motos on bike lanes and paths. Stay tuned.