Question on federal low speed electric bicycle laws.?

It is best to deal with one issue at a time. The posting on the web site to which you have referred is misleading at best and very incorrect at worst. A Federal law that was passed in 2002, Public Law 109-317, transferred the responsibility for safety standards for a new class of vehicles defined as "low speed electric bicycles" out of the National Highway & Traffic Safety Act to the Consumer Product Safety Commission. The key words here are "safety standards". The form factor was not specified with regard to style or weight. Essentially, the law states that they are limited to an output power of 750W, top speed under 20 mph when ridden on a dry level suface by a 170 pound rider (19.95 mph is ok, if one were to actually measure the speed. They must be capable of operation by pedals, but not necessarily as the primary means of propulsion. The law states that it supercedes all previous state laws, however, this is only with regard to safey parameters. In other words, states cannot demand safety devices that the Federal law does not call for or exceed the Federal requirements.

Although Congress intended to open the door to easier access for low speed electric bicycles, the individual states retain the right to regulate traffic within their jurisdictions. This has resulted in a slew of confusing and contradictory definitions of what is a low speed electric bicyce, a motorized bicyce, a motor driven cycle, a moped, etc. If the states simply adopted the Federal definition of the new class of vehicle, "low speed electric bicycle", most of the confusion would disappear. The upshot is that some states, which my can describe as progressive, including CA, FL, TX, WA, OR, GA, VT, IA, and a number of others have embraced the Federal definition and no longer consider them to be motor vehicles. Others, whether because of laziness, stubborness, or just plain backwardness, refuse to get with it and harmonize their laws to take advantage of the Federal initiative. Given the current cost of gas and widespread concern over global warming, the politicians and civil servants seem perfectly content to give it to the their consituents right in the butt, instead of getting off theirs and showing some intiative.

To cut this short, Ohio requires that anyone 14 years of age or up, in possession of a motorized bicycle license (which they also call moped) at a cost of $19.50 may operate an electric bicycle, which they also call a moped, provided that it is registered each year at a cost of $24.50. CA, TX, FL, GA, NC, KY, CO, IA, VT, RI, MA, ME, NE, MO, KA....many others do not require license, registration, or insurance for low speed electric bicycles. One is inclined to think that Ohio is lagging behind the times. There is an accurate list of laws relating to electric bicycles on the website of www.Veloteq.com under Regs & Resources. Vendors who mislead potential customers just to get a sale are doing everybody a disservice by spreading false advertising and uninformed views.

By our Constitution and in general, Federal Law supersedes State Law, but there are certain areas in which the rights of States to make laws are protected. If a State Law is more strict than a Federal Law, then the likely default is to the State Law unless there is interstate transportation involved.