Lawsuit Filed Against The Use Of eBikes- Mtbr.com
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  1. #1
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    Lawsuit Filed Against The Use Of eBikes

    https://www.courthousenews.com/environment-456/

    http://www.courthousenews.com/wp-con...ck-Country.pdf

    The usual suspects are after their precious bans on wheels again, this time with their sites on the eBike. This is the punishment the Forest Service has to deal with for illegally banning low power eBikes in the first place. The Forest Service chose to start allowing eBikes on N-M trails in California, the land of anti-wheel zealots. Testing the concept of eBikes in a place like Colorado might have been a smoother approach, but lawsuits like this can help inspire widespread acceptance. The Interior Order is still unchallenged by these groups, indicating that they probably don't have a leg to stand on legally when it is done by agency wide order.

  2. #2
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    Good, let the courts decide it.
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  3. #3
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    Quote Originally Posted by life behind bars View Post
    Good, let the courts decide it.
    Given the studies and info out there, I would say the majority chance is the e-bikes win and this will result in a much larger acceptance of e-bikes on N-M trails in an even larger capacity.
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  4. #4
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    Quote Originally Posted by roughster View Post
    Given the studies and info out there...
    What are these studies you speak of?
    I would advise not taking my advice.

  5. #5
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    The use of e-bikes, and their potential for travel at relatively high speeds, elevate the potential for such surprise encounters. The decision to open trails to e-bikes, and to recommend many trails specifically as e-bike “opportunities,” has and will continue to result in many trails currently designated for pack and saddle stock use becoming either unfit for such use, less accommodating for such use, or less desirable by equestrians for such use.

    I've said before, e-mtbers should have pushed for an emtb class that truly acted like just another bike on the trail, only giving assist when climbing and much lower cut-off. If that had happened, they would not have the above argument. But it seems, most ebikers are unwilling to give up the extra speed.

    But there would still be the issue how to deal with ebikes like the Luna X-1 Enduro FS EBIKE @ 2000W, which Luna states has a goal of "we wanted to build a somewhat “stealthy” bike that would allow those who wish to blend in with other casual riders, and carry an OEM fit and finish".
    This post is a natural product. Variances in spelling & grammar should be appreciated as part of its character & beauty.

  6. #6
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    This lawsuit will go nowhere... Basically, the Ebike were declassified to non motorized. There was no need for a nepa, since no additional access was granted to bikes. So no public comment was needed for this decision. Simple.

    https://www.singletracks.com/mtb-new...CYiEnT9_7ZhWpU

  7. #7
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    Quote Originally Posted by watermonkey View Post
    What are these studies you speak of?
    just a quick google:

    https://assets.bouldercounty.org/wp-...ilot-study.pdf

    https://www.jeffco.us/DocumentCenter...esults-?bidId=

    From the Tahoe NFS facebook page:

    "As the 2019 field season winds to a close, the Tahoe National Forest would like to share an update on class 1, pedal-assisted E-bike use on recommended routes and trails:
    • No observed increase in trail degradation nor resource damage occurred as a result of class 1, pedal-assisted E-bike use on Tahoe National Forest routes or trails.
    • No trail conflicts were reported or observed between class 1, pedal-assisted E-bike users and other recreationalists on Tahoe National Forest roads or trails.
    • There were no reported accidents or injuries due to E-bike use of any class type on Tahoe National Forest routes or trails.
    • Tahoe National Forest trail and recreation managers did observe an increase in the diversity of skill levels and age groups utilizing E-bikes to access Tahoe National Forest routes and trails. This included both class 1, pedal-assisted E-bike use, and other classes of E-bikes utilizing motorized routes."

    https://www.facebook.com/TahoeNF/pos...671?__tn__=K-R

  8. #8
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    Thanks ruthabgah! I was out working on a trail and appreciate beating me to think links!
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  9. #9
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    Quote Originally Posted by ruthabagah View Post
    This lawsuit will go nowhere... Basically, the Ebike were declassified to non motorized. There was no need for a nepa, since no additional access was granted to bikes. So no public comment was needed for this decision. Simple.

    https://www.singletracks.com/mtb-new...CYiEnT9_7ZhWpU
    The problem is that eBikes are still motorized in the entirety of other National Forest lands. In 2016, the recreation director for the Forest Service, Joe Meade, wrote a memo that directed the National Forest Land Managers to treat ALL CLASSES of eBikes as motor vehicles. There wasn't any laws created solidifying this perspective. When the Tahoe branch went rogue this year and started treating eBikes as a form of bicycling, they exposed the reality that the Forest Service is pranking us by treating eBikes as motor vehicles. A public comment wasn't required because there are no laws on the books regarding eBikes.

    The BCHA have high hopes of cutting into the number of wheeled Forest users with this lawsuit, but it is most likely going to backfire spectacularly, and they are going to be branded the bad guys going forward. The USFS is going to have to publicly admit that the banning of eBikes on N-M trails is a hoax. The CPSC that allows low power eBikes the same rights as bicycles is the defacto law of the Federal lands. The USFS would need a regulation on the books that would override Congress, and it's unlikely that they have the authority to accomplish such a thing. Secretary Bernhardt was more admitting the fact that the Interior was overstepping their authority by restricting eBike access, even though it appeared to some that he created access out of thin air.

  10. #10
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    Please walk in to a court room and tell a judge, that is not being paid by PFB or doesn't want to ride his motor bike in the forest, that e-bkes are non motorized. 99% of people think that if it has a motor it is motorized.
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  11. #11
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    Quote Originally Posted by sfgiantsfan View Post
    Please walk in to a court room and tell a judge, that is not being paid by PFB or doesn't want to ride his motor bike in the forest, that e-bkes are non motorized. 99% of people think that if it has a motor it is motorized.
    Please walk into this court room, no really, do, and then I am sure the following day I can ride wherever i want.... As usual, You are not understanding the issue.

  12. #12
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    Quote Originally Posted by sfgiantsfan View Post
    Please walk in to a court room and tell a judge, that is not being paid by PFB or doesn't want to ride his motor bike in the forest, that e-bkes are non motorized. 99% of people think that if it has a motor it is motorized.
    That certainly is the law here. It's really too bad that the distinction of motor versus no motor wasn't good enough for some people.

  13. #13
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    Fires, legal marijuana, and omg low powered bikes that you pedal... hmm
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  14. #14
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    Quote Originally Posted by chazpat View Post
    The use of e-bikes, and their potential for travel at relatively high speeds, elevate the potential for such surprise encounters. The decision to open trails to e-bikes, and to recommend many trails specifically as e-bike “opportunities,” has and will continue to result in many trails currently designated for pack and saddle stock use becoming either unfit for such use, less accommodating for such use, or less desirable by equestrians for such use.

    I've said before, e-mtbers should have pushed for an emtb class that truly acted like just another bike on the trail, only giving assist when climbing and much lower cut-off. If that had happened, they would not have the above argument. But it seems, most ebikers are unwilling to give up the extra speed.

    But there would still be the issue how to deal with ebikes like the Luna X-1 Enduro FS EBIKE @ 2000W, which Luna states has a goal of "we wanted to build a somewhat “stealthy” bike that would allow those who wish to blend in with other casual riders, and carry an OEM fit and finish".
    Yes, the class system was a mistake IMO. What we know as a "class 1 emtb" should have been called something else "assist MTB" or "Hybrid MTB"...and save the classification for all the throttle bikes, the high cut off assist, etc for another world-like moto shops.

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