Steve Bina, of the consultancy Human Powered Solutions, takes us on a deep dive into the federal definitions of bikes and e-bikes, noting that CPSC recognizes only Class 1 and Class 2 as electric bicycles, with no provision for a faster Class 3 despite many states adopting it individually, and poses a question for bicycle retailers: Have they calculated the real risk of selling "out-of-class" e-bikes?
Certain manufacturers produce a product that can move between classes at the push of a button, unlocking higher speeds quickly and easily. Switching electric bicycle classes can be as simple as opening the e-bike’s app or toggling the settings on the bike’s display. What would you be selling to a customer if the product can morph from one with a designated speed to one that possibly has a speed 40 percent higher?
In their efforts to gain acceptance of faster Class 3 e-bikes, Bina seems to suggest, the "industry trade association" he refers to may have unwittingly helped to enlarge the legal loophole exploited by what they have termed "e-motos." Ultimately, the message for retailers is to get smart about exactly what it is that you're selling, and make sure you cover your rear.
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