Police Seek More Education Around E-bikes, Scooters

ORLEANS – The Orleans Police Department is well versed in the rules governing vehicle traffic in town. But with e-bikes and e-scooters continuing to grow in popularity and use, police have a lot to catch up on.

 Police Chief Scott MacDonald told the select board Feb. 4 that the department held internal training last month on state rules and regulations governing electric bikes and scooters.

 “So now that we have a better understanding, we want to bring it to you as a board and to the public with the understanding this is changing rapidly,” he told the board.

MacDonald and Officer Christian Ziemba, who was promoted to sergeant at the Feb. 4 meeting, gave a brief presentation of existing laws covering the use of e-bikes, which divide vehicles into three classes. The first class covers low-speed bikes in which the motor is activated only when an operator is pedaling. Class 1 bikes do not exceed 20 miles per hour. Class 2 bikes are the same as those in the first class, only they operate with a throttle-assisted motor.

Ziemba said Class 1 and 2 bikes are largely treated similar to standard bicycles. They do not require a license or registration to operate, and helmets are required for their use for people under the age of 17. They also are not allowed to be ridden on sidewalks.

But Class 3 vehicles need to be looked at more closely, MacDonald said. These are electric bikes and scooters that do not fit into the other classes and are regulated as mopeds and motorized scooters. Class 3 vehicles are those that operate above 20 miles per hour or 750 watts, and are subject to the same traffic laws that govern standard motor vehicles. 

Mopeds are allowed to operate at a maximum speed of 30 miles per hour and require a valid license and registration to operate. Motorized scooters require a license but not registration, and operators can be cited for going over 20 miles per hour.

The issue of safe e-bike operation has generated discussion on the Cape in recent months. This past fall, a Brewster woman was injured in an accident involving an e-bike on the Cape Cod Rail Trail.

“You can see on local newsstations,” MacDonald said. “There’s been some tragic accidents involving this type of transportation.”

Ziemba noted that the rail trail is under the jurisdiction of the state Department of Conservation and Recreation, which has signs posted alerting users that motor vehicles are not allowed. But he said it is uncertain if that includes e-bikes.

Select Board Chair Kevin Galligan asked what the rules are regarding the safe use of e-scooters. 

“If it’s not designated by the RMV, which they don’t have one for that kind of scooter, that again is not allowed on public roadways,” Ziemba said.

Select board members noted the growing popularity of e-scooters not only locally, but around the country and even internationally. Board member Michael Herman said the scooters have essentially made e-bikes an “antiquated” form of transportation.

“It’s all these scooter rentals where you just pick them up and drop them anywhere and use your credit card and your phone,” he said.

Board member Andrea Reed added that she’s seen the growing popularity of scooters in her frequent trips to San Francisco.

“And they’re in the bike lanes, not in with regular traffic,” she said. “They’re in regulated bike lanes.”

In Orleans, Ziemba said he has stopped many people on e-bikes and e-scooters, mostly juveniles, to advise them of the rules of safe and proper use. He and MacDonald said as of now, the department favors furthering education around the vehicles as opposed to issuing tickets and fines.

“The laws are so far behind, a lot of people aren’t aware of what can and can’t be ridden,” Ziemba said. “What requires a license, what doesn’t. That requires a lot of education.”

Reed said she favored a strengthened educational push around the use of e-bikes and e-scooters in time for the summer season, but said the messaging should be clear and “positive” for seasonal visitors who might not understand the laws.

MacDonald said that the department would work with the town’s public information officer, Amanda Converse, on an educational initiative that could involve the creation of an online video.

Looking further ahead, MacDonald said, he expects that there may be more rules and regulations governing e-bikes and e-scooters prepared at the state level.

 “I suspect that will be coming,” he said. “I think there’s going to be a change in direction in terms of additional regulations. Because this is just so complex.”