Elburn opts for education on e-bikes and scooters, with possible punishment for repeat offenders

Elburn officials have opted for education about the safe use of e-bikes and scooters instead of adding local rules and restrictions to state statutes. They’re also keeping open the option of enforcement for repeat offenders.

Village Board members at the July 21 Committee of the Whole meeting had discussed current problems with the use of e-bikes and scooters in the village and possible restrictions they could add to those already in existence in state law. Village Administrator Chris Ranney provided examples of ordinances enacted in nearby towns for village staff and board members to review.

Further discussion at the Aug. 4 meeting began with a summary presentation of the state statutes by Josh Witkowski, a representative of ABATE of Illinois, Inc., a motorcycle and rider rights organization, who gave input in the state law’s creation.

He noted the often confusing and at times arbitrary nature of the state’s rules, attributing some of that to the competing goals of the various stakeholders. For example, an individual must be 16 years old to operate a Class 3 low-speed bicycle, one that can go at up to 28 mph. However, to operate a low-speed scooter legally, one with a maximum speed is 10 mph, an individual must be 18.

Class 1 and Class 2 e-bikes, with a maximum speed of 20 mph, and Class 3 e-bikes, whose maximum speed is 28 mph, may be on bike paths, but none may be on sidewalks, Illinois law says.

Also, according to state statute, the operation of low-speed e-scooters, those whose maximum speed is 10 mph is allowed only if a municipality authorizes them. If a community does authorize their use, it may then regulate them on any highways under its jurisdiction, sidewalks, trails or other public right-of-way where the operation of bicycles is permitted.

Witkowski said, that according to the state statute, if the municipality does not authorize the use of low-speed scooters, they and any other scooter, no matter how slow or fast it can go, is considered a motorized vehicle. Their regulation then defaults to the motor vehicle code, meaning drivers must be at least 16, have a driver’s license and follow all other rules of the road required of vehicles.

“I know, it’s as clear as mud,” he said. “It’s a mess.”

Several board members said they thought the biggest problem the village has with such electric vehicles is individuals riding on scooters at the higher speeds on sidewalks or paths or in high traffic areas such as the Jewel-Osco parking lot.

“Most of the complaints I get are about scooters on bike paths,” Village President Jeff Walter said.

“They’re so quiet that the people walking in front of someone on a scooter can’t hear them coming, but the dog does,” Walter said. “Then the dog reacts and it makes everyone unsafe. I don’t think they realize they shouldn’t be on the bike paths.”

There are also vehicles marketed as e-bikes but made to travel at 40-50 mph, which “is closer to an electric motorcycle,” Witkowski said. “State laws have not caught up to the reality of the marketplace.”

Asked Police Chief Nick Sikora: “Do parents even know what they’re buying their kid?”

Walter said: “They think they’re buying them something that’s cool, but they don’t realize what they actually are, or they’re choosing to ignore it.”

Brian McCarty, an Elburn resident and a father, spoke during the meeting. He said that even though he agrees with some of the rules in the state statute, he has major concerns about others, such as some of the fines and other punishments, like the suspension of driver’s licenses. He mentioned the 18 year old restriction on some scooters, fines of $900 and even impoundment.

“We are not Schaumburg. We are not Oak Brook. ... We don’t have mega shopping centers,” McCarty said. “The kids out here are rural. The kids out here are in sports. ... This is their avenue to get out and just kind of experience things within the village.”

He said he favored public education, and getting the parents involved.

Board members were generally in agreement about focusing on education about general safety and the state statutes already in place, as opposed to creating another set of local rules. It was suggested that police officers could address specific situations with warnings and more if there are repeat offenders.

Sikora said the village could do something like the bike rodeos offered in the past that emphasized safety. He suggested that the department could also do further education, such as the presentation he did for the Homeowners Association at Blackberry Creek subdivision.

“Let’s keep it on our radar,” said Trustee Luis Santoyo. “If we start to see problems, we can address it again.”