Village asks Florida Attorney General Moody with two critical issues regarding e-bike regulations | The Key of Biscay

Florida Attorney General Ashley Moody should get a call soon from Village Attorney Chad Friedman. Before the city ordinance is officially approved, Friedman will ask two questions about electric bike regulations in Key Biscayne.

The questions, which were asked on the advice of Council members (and adopted this motion by a 7-0 majority) at Tuesday’s meeting, will be:

1. Can the Village require registration of a specific type of e-bike, such as a slower Class 1 bike similar to golf carts?

2. Can the Village regulate, based on age, who can ride on city streets and Crandon Boulevard bike paths?

The Board of County Commissioners recently gave Key Biscayne its first stamp of approval, giving the village authoritative powers. The village will be able to regulate its own regulations on Crandon Boulevard, which is owned by the county. Before this officially happens, however, an interlocal agreement must be reached between the village and county, followed by a 60-day educational period for residents and visitors.

Currently, a second 60-day ban on emergency orders is in effect until mid-June.

“The purpose of the ordinance is to get us beyond the temporary ban,” said Key Biscayne Mayor Joe Rasco.

With these two seats left open to Moody’s responses, the ordinance passed the first reading 6-1 at a recent Village Board meeting, with Councilman Ed London casting the “no” vote.

Although e-bikes fall under the same definition as regular bicycles under state statutes, London believes it would be foolish to continue banning all e-bikes. It notes that Class 1 electric bikes have pedal assist and are not a major source of problems on sidewalks and streets.

Councilor Frank Caplan, however, argued that “squadrons” of these types of bikes “are a problem.”

Caplan said it’s “reasonable” to treat e-bikes like the motorcycles they are. “They don’t work like bicycles,” he said.

From a legal standpoint, Friedman didn’t seem too confident about “age regulation” because Florida lawmakers didn’t approve a blanket law for all cities during this year’s session in Tallahassee.

“In my opinion, we cannot regulate the age… but I can ask a question,” he said.

When it comes to registering electric bikes with the village and its police department, Friedman said the bikes are not subject to the same regulations as vehicle registration.

Florida statute also indicates that a village cannot require a driver’s license to operate an e-bike, he added.

Ultimately, the Key Biscayne ordinance aims to at least limit facilities on the bike path along Crandon with a maximum speed limit. Village bylaws already include a provision allowing people with disabilities to use motorized equipment.

If the Village’s blanket ban remains in place, the owner of an electric bike on Key Biscayne would be able to legally push it onto Crandon Boulevard and ride the bike path toward the Rickenbacker Causeway.

Councilor Brett Moss said he recently spotted a Class 2 bike “that looks like a 21-speed bike but has a throttle. It’s very difficult for the police to see it (distinguish between types of bikes),” he said.

Citation penalties are also discussed, with the maximum penalty for third and subsequent offenses being $500. “Next” remains in the wording, not “confiscation,” because the village administration would need time to find a safe place to store the confiscated bikes, Friedman explained.

London raised another technical question that he hoped Moody would also be able to answer.

“Is it legal to remove the battery from an electric bike?” – London asked. “Why would someone who has an electric bike throw it away…?”

Friedman pointed to a state law that “prohibits tampering” with a device made to the manufacturer’s specifications.

“It’s still an electric bike in my opinion,” Friedman said. “If you take the engine out of a car, isn’t it (still) a car?”