Misbehaving Cyclists, need for stricter laws, what is an eBike?

 I saw another article about "dangerous" eBikes today, and the supposed need for more regulation.  Often these articles originate from the United States, but this one was about a normal bike rider from Canada who was clipped and surprised by an eBike rider.

Here's my issue, though, eBike is used by some as a catch-all for anything that has two wheels and is powered by electricity.  

Looking at the Wikipedia, Canada allows throttle bikes with 500 watt motors that can go up to 32kph.  The US allows the same, but with up to 750 watt motors.  Apparently licence plates are not required (which presumably no license plate is required), and there is no age limit.  This is a bit crazy, because until eBikes came along, there would have been no way for most people to get to 32kph on a normal bike.  Yes, 32kph is certainly doable, but people who  can pedal to 32kph on their own steam ride their bike fairly often, and thus are probably a lot safer than someone who just buys an ebike and hits the pushes the throttle to 32kph without much practice.  

What's more, the thought of an immature 12 year old kid being able to ride a heavy eBike with a 750watt motor is honestly terrifying.  

Here in Japan those would be considered mopeds, not eBikes.  

I am going to make some assumptions about any bicycles in most countries, though:

1. You probably have to obey most traffic laws, even if you are on a bicycle.

2. If you hit someone or something because you are careless, you could be prosecuted or sued.

So what that means is that there are already laws that apply to the eBikes in Canada, even if they are treated as bicycles.  However fast a bicycle can go, (by pedaling or motor), they still presumably are required to obey the speed limit.  

For bike trails, the limit could be set to something that allows people of all abilities to use the trail, like 16kph or 25kph.  Then  when someone flies by you, they would be breaking the rules and should be punished - ebike or not.   

If somone on a bicycle runs a stop light and causes an accident, then they should likewise be accountable, eBike or regular bike.  

The only real issue I see is that since eBikes are considered bicycles, and don't require a license, the police have fewer ways to punish bad behavior.  (Since they can't revike or suspend a license you don't have).  

In Japan, in order to be considered a bicycle, the vehicle must follow the following rules:

1. The motor can only put out 200% of what the rider puts in at maximum.  For example, if the rider puts in 100 watts, then the motor could put out 200 watts for a total of 300 watts of power.  (There is technically no limit on the wattage allowed for a motor, but this puts a practical limit, and so most motors are rated for 250 average power).  

2. It must be pedal assist, no throttles allowed.

3. The amount of assist starts to drop off at 10kph, more and more until it reaches 0 assist at 24kps.  You can of course pedal past 24kph, it will just be entirely under your own power, without any assist.

4. In order to be considered a "normal" bicycle and be allowed to ride on sidewalks (as an exception) and bike paths, the vehicle must fall within certain size limits.   

If you break rules 1-3, then you are not a bicycle, and thus you are regulated as a motor vehicle.  (a moped in most cases).  This means a propr certified helmet, driver's licence, licence plate, insurance, registration, turn signals, etc.  

If you only break rule #4, then you are still a bicycle, but you have to stay on the road.  

I think maybe the system in Japan is a bit too strict, but I also believe that places like the US and Canada are a bit too lax.

A good option would be to have a middle ground between bicycles and mopeds.  For example, anything that can go over 24kph or has more than a 250 watt motor could have the following requirements:

1. Age requirement of 18 years of age

2. Requirement of free registration

3. Requirement to take a free driving class and simplified driving test

Since registration would be required, police could check the registration sticker to make sure people took the dricing class.  Since people took the driving class, they could be held responsible for knowing the rules of the road.  

Even with the current system, there is an easy solution to those who break the law, simply impound their bikes.  I am not saying the police should go around steaking people's bikes, but if someone does something dangerous, record it and let them off with a warning.  If it keeps happening and it's clear that they are doing it on purpose, then impound their vehicle to prevent them from being a danger to others.  

The first time their bike is impounded, the fine to get it back might be $50, but it would double each time.  If there are no infractions for a few years, then clear their record.  

At any rate, though, it doesn't sit right with me that things like the Sur Ron are called "eBikes", which puts them in the same category as a Yamaha PAS mamachari or a Panasonic Off-time electric pedal assist eBike.  

Let's call things what they are.  If you have a throttle and a powerful motor, then it's not a bicycle, it's an electric motorcycle.  

I have a few bikes (some eBikes) and I use them all the time, but I try to be respectful.  I don't zoom past pedestrians at high speeds, I don't "clip" other bike riders, and I follow the traffic laws to the best of my ability.  I am not sure what about being on a bicycle makes some people think they can act with impunity.  

If you get hit by a car when you run a red light, you are just as dead on an eBike as you would be on any other type of vehicle.  If you hit someone else and injur them, you are just as liable.  If people kept those things in mind, they might be a bit more safety concious.