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Elburn tries to tackle e-bike and scooter law, but other local examples ‘all over the place’

Metalrays, a manufacturer of electric bicycles, will be opening operations in the village of Romeoville.

When Elburn officials began grappling with a way to regulate bicycles, e-bikes and electric and gas-powered scooters, they realized what other municipalities have discovered – it’s complicated, and confusing.

Current state regulations do not differentiate between regular bicycles and Class 1 and 2 e-bikes. Low-speed electric bikes, with maximum speeds of 10 mph, are allowed. But municipalities can create local regulations and restrictions for low-speed electric or gas-powered scooters.

“Where are we drawing the line?” asked Santoyo. “Is it what kind of vehicle it is? Is it speed?”

Trustee Luis Santoyo’s question was what happens when someone under 16 can pedal a regular bicycle at 15 mph? That’s not just theoretical – his young son can do just that.

“I personally have no problem with someone going 10 miles an hour on the sidewalk,” Trustee Megan Musano said. “I don’t like an e-bike going 15 to 20 miles an hour on the sidewalk when little kids are coming down their driveway.”

Another question is where these vehicles are allowed to go. Currently, e-bikes are allowed on bike paths.

“When you’re on a bike path, and you’ve got an e-bike coming up behind you at 20 mph, you can’t hear them coming,” said Deputy Chief of Police Erich Schlacta.

Schlacta said that there’s been a problem with groups of kids riding in places like the Jewel parking lot, going in an out of traffic and at speeds that are unsafe, both for themselves and others.

“When you fall off a bike, you scrape your knee,” said Schlacta. “It’s a little more than scraping your knee when you’re traveling 35 miles an hour.”

Trustees also discussed that e-bikes, scooters and other similar vehicles that travel at 30 mph or more are considered motor vehicles and are subject to the rules of the road. The driver must be at least 16, have a driver’s license and follow all of the laws to which cars and other motorized vehicles are subject.

In that case, it’s a matter of enforcement, Village President Jeff Walter said.

“It’s not the 18 mph e-bikes that are the problem,” he said. “It’s the scooters that are doing 20, 30 or 40 miles an hour and they’re not where they should be. ... That’s a motor vehicle. That’s already covered [by the motor vehicle code]. That’s an enforcement problem. But with two [officers] on each shift, that’s not high on the priority list. Let’s be honest.”

Schlacta said that if the village sets standards ahead of time, officials can avoid some issues going forward.

Musano said: “The question is, how strict or how safe do you want to be?”

Board members had a chance to review samples of ordinances from other municipalities around the area prior to the meeting, but that didn’t necessarily clear things up.

“These ordinances are all over the place,” said Trustee Chris Hansen.

Hansen, president of the local ABATE organization, a motorcyclists rights group, offered to arrange for the ABATE lobbyist who wrote the state statute to come to a Committee of the Whole meeting to go over the regulations with Village Board members and what their options are for additional local restrictions.

That discussion will take place at the Aug. 4 Committee of the Whole meeting.

“It should be very educational,” Walter said. “It should be a very good evening.”

Susan O'Neill

Susan O'Neill is a contributor to Shaw Local