A bill that would require owners of low-speed electric bikes and scooters to register and insure them like cars is being sent back to its author for changes after concerns were expressed on Thursday from opponents ranging from insurance industry, to bike companies and advocates.
Before hearing from opponents, State Senate Transportation Committee chairman Patrick J. Diegnan Jr., D-Middlesex, said State Senate President Nick Scutari, D-Union, was aware of concerns brought up before the hearing and “is working on an amendment.”
Scutari and State Sen. Vin Gopal, D-Monmouth, co-sponsored the legislation.
The bill would require e-bike and scooter owners to register them with the state Motor Vehicle Commission and provide proof of liability insurance coverage, personal injury protection coverage for pedestrians, and uninsured motorist coverage. The committee voted to release the bill so it could be amended.
Lyft, the company that runs Jersey City and Hoboken’s CitiBike program, and transportation and bike advocates say the bill would be a barrier, especially for low income and disadvantaged people who use e-bikes instead of cars for transportation. About half of CitiBikes rental fleet are low speed e-bikes that require riders to pedal them to activate the motor assist.
The proposal has a bigger problem – two insurance industry representatives said there is no insurance available in New Jersey for e-bikes and that it would take years to develop an insurance program and get it through the state Division of Banking and Insurance regulatory process.
“Right now, there is no product,” said Gary La Spisa II, Insurance Council of New Jersey vice-president. “You’ll need time to develop it and roll it out. We’re talking years, not months to develop it.”
Affordability is also a concern, he said.
“Motorcycles are the closest, which means the product would cost what motorcycle insurance cost, which is not cheap,” La Spisa said.
Others weighing in included officials from Lyft, which said the requirements would damage the program and impose additional costs on riders of bikes that have speed capped at 10 to 11 mph.
Other advocates said the bill unfairly focuses on low-speed e-bikes and scooters.
“You should turn your attention on high powered e-bikes and mopeds which are more like motorcycles,” said Ben Dziobek, Climate Revolution Action Network executive director. “This bill will discourage use of e-bikes by adding unnecessary financial burdens. It will have impact on e-bike accessibility as it adds an additional hurdle.
He and other advocates said the proposed requirements would hit disadvantaged and low income people the hardest.
Among those will be food delivery workers who rely on e-bikes for their jobs, said Emmanuelle Morgan, Hudson County Complete Streets executive director.
“The sustainable delivery industry represents a massive hope for mitigating the climate crisis,” she said. “Like any large transportation mode shift, the way to respond is thoughtfully, carefully and involving stakeholders.”
They should include organizations representing delivery workers, restaurant owners who rely on them, delivery apps, safe streets advocates and legislators, Morgan said.
E-bike sales are increasing and infrastructure need to make space for them, Morgan and other advocates said.
“No cyclist wants to be on a sidewalk, build it and they will use it,” Morgan said. “Hudson County heavily depends on its e-bike delivery community.”
E-Biles also are depended on for transportation by disadvantaged people who’ve been forced to move out of walkable communities due to high housing prices
“People are getting priced out of housing where they can walk,” said Zoe Baldwin, Regional Plan Association New Jersey director. “E-Bikes are a solution, people use then to get around. I hope as the bill goes through amendment, you make sure this isn’t hitting those populations.”
The MVC requires faster and more powerful “class 3″ fast e-bike and mopeds, which already have to be registered, but there is a loop hole for vehicles that are considered “out of class,” she said.
Citing six years’ experience working as a bike mechanic, Dziobek said e-bike riders tend to be older people who find it easier to use them if they have physical limitations.
One possible solution could be altering the states no-fault insurance law, which is currently the subject of a court case brought by an e-scooter rider who was hit by a car and denied personal injury protection coverage by his insurance company, Insurance Journal reported. He has appealed the case to the state Supreme Court.
Amending the states no-fault insurance law to have low speed micro mobility devices covered the same way pedestrians are by personal injury insurance provisions could be a solution, said Debra Kagen, New Jersey Bike and Walk Coalition executive director.
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Larry Higgs may be reached at lhiggs@njadvancemedia.com. Follow him on X @CommutingLarry
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