Opinion: Murphy’s Law Legalized E-Bikes and E-Scooters Citing “Climate Change”, Not Safety Change | Ron Benvenisti

New Jersey’s governor and legislature claim they took a significant step forward to combat, what has been the clarion call of the left for every problem:  “climate change.” I think It’s now time for a Safety Change.

You may recall that, just before the summer of 2019, Governor Phil Murphy signed legislation to clarify New Jersey laws regarding electric bicycles (e-bikes) and adding new regulations for electric scooters (e-scooters). The law was intended to make it easier for people to travel around New Jersey without using a car but did not fully address the dangers that could result without any strict regulation of age or where they could be driven. The responsibility is on the drivers to be careful while the scooters (electric or not) can be ridden which is just about anywhere that pedestrians are allowed, including busy streets. Motorized scooters and e-bikes capable of traveling 20 miles per hour or slower are regulated the same as ordinary bicycles, allowing their operation on streets, highways, and bicycle paths in the State. The scooter or e-bike rider does not need proof of insurance or need to have a driver’s license. The bill allows all statutes, rules, and regulations that apply to ordinary bicycles will now apply to low-speed electric bicycles and motorized scooters. Considering the severe injuries and fatalities and other hazards, this bill has to be amended. Fortunately, the bill allows for local Municipalities like Lakewood, to impose their own additional safety regulations, and I think the Township now needs to take a serious look at doing it as soon as possible to prevent further serious casualties.

Now it’s 2022, it’s been over four years since the bill was passed. “Electric bicycles and motorized scooters offer a fantastic alternative to cars and their use will serve to cut both emissions and congestion in our cities,” said Governor Murphy. “As we seek to support New Jersey’s Innovation Economy, this bill will help encourage a true reimagining of urban commuting.” You don’t have to use your imagination to see the results. Health officials warn that, although they might be fun and efficient, the toys can be deadly. I’m afraid the Governor has not taken this more seriously in the last four years.

In April, a man was struck and killed while operating a battery powered 4-wheel mobility scooter. He was crossing the intersection of Jackson Mills Road and Harmony Road. The area was dimly lit and the man was dressed in dark clothing. The scooter did have some reflective stickers on it but was it was not equipped with any functioning lights. This is just one of many tragic accidents involving scooters, even with lights.

In December a young boy was hospitalized after being struck by a vehicle in Lakewood. The child was riding his small scooter in the area of Seventh Street and Madison Avenue when he was struck. Hatzolah took the boy, with paramedics on board the ambulance, to Jersey Shore University Medical Center. Thank God, his injuries were not life threatening. Nevertheless, the boy was severely injured.

The year before, police officers responded to the area of Farmingdale Road for a report of a pedestrian struck by a vehicle. The “pedestrian” was a 13-year-old boy riding a scooter in Jackson who was struck and killed. A 10-year-old was riding his scooter in Lakewood when he was struck by a vehicle. Luckily, he was wearing a helmet, but he still suffered a concussion and a broken leg. He was transported to Jersey Shore University Medical Center, and remained in a cast for about a month.

A young child was riding an electric scooter when he was struck and pinned underneath a car a in the Twin Oaks section of Lakewood. A Hatzolah extrication team removed the child from under the vehicle and treated him on the scene prior to transporting him to Jersey Shore University Medical Center where, thanks to quick action by the Hatzolah team and his condition was stabilized.

Additionally, there have been a rising number of accidents involving e-bikes and e-scooters in recent weeks, with health officials warning that, although they might be fun and efficient, the toys can be deadly. Another Lakewood resident was injured after being struck by a vehicle while riding his e-scooter in Prospect Vines.

Theft is also a problem. There have been numerous reports recently of e-bikes and e-scooters being easily stolen, as children often leave them outside shuls and even sidewalks thinking that nobody will steal them. Surveillance footage captured a thief stealing e-bikes parked by youngsters outside a Lakewood shul. A resident told TLS that the thief arrived at the parking lot of a shul on Spruce Street 40 minutes before stealing the bikes, scouting out the area before carrying out his plan.

With the growing number of electric bikes and scooters, which are left in front of residences, this could lead to more serious crimes like robbery and attempted child abductions as the perpetrator is now familiar with the house and where vulnerable children live. This could contribute to these growing brazen and dangerous crimes in Lakewood with disastrous.

Hatzolah members say how they observe most children in riding around without a helmet. “90% of children were probably not wearing a helmet – it’s ridiculous,” one member said.

In a letter to TLS, one parent wrote, “Educate your children about the dangers of riding these electric vehicles – I’ve witnessed one too many near-accidents with children just not paying attention to vehicles.”

With the rise of all kinds of electric bikes, scooters, hoverboards, segways and what not – combined with the growing traffic in town – it’s becoming increasingly dangerous to be riding around without a helmet and even more manufacturer mandated equipment.

As far back as 2011 an Assembly panel approved “Andy’s Law,” a public safety measure sponsored by Assemblywoman Valerie Vainieri Huttle that is designed to protect children from traumatic or potentially fatal brain injuries. The bill (A-3676), was advanced by the Assembly Law and Public Safety Committee, requires children under 17 years old to wear an approved helmet when riding a scooter. The legislation is named in memory of Andy Alexis Pino, a 10-year old boy from Elizabeth who was struck and killed by a vehicle as he was crossing a busy street near his home while riding his scooter. The child, who was not wearing a helmet at the time of the accident, died from severe head trauma. Under the bill’s provisions, a fine of up to $25 for a first offense up to $100 for a subsequent offense could be imposed on the parent or guardian of a child who fails to wear the required helmet. The fines are to be deposited into the “Bicycle, Skating and Scooter Safety Fund” to be used by the Director of Consumer Affairs for educational programs concerning bicycle, roller skating, skateboarding and scooter safety. I think it’s time to expand that program and publicize it in every venue that’s possible, including notices in schools, schuls and billboards

The bill also requires scooter manufacturers to include a warning notice with the scooter that the risk of serious injury can be reduced by using a scooter only while wearing helmets, wrist guards elbow pads and knee pads. A manufacturer who complies with the warning requirements of the bill could not be held liable in a civil action for damages or physical injury by a scooter rider who was not wearing the required helmet when injured.

TLS reported that the bill authorizes municipalities to regulate scooters on properties under the municipality’s jurisdiction. The Township Committee has the authorization to impose additional regulations if they would only take some action. They need to do more than giving kids treats for wearing a helmet while they’re still allowed to ride in the street and ignore the manufacturer’s warnings about needing to use additional safety equipment listed above. If only a helmet is worn, the manufacturer is off the hook. It’s on the Township and parents to enforce those. Insurance companies can easily make a case against the parents who don’t follow those rules.

These are not the only dangers. Last summer, a Lakewood DPW truck needed to dump its trash load in middle of the street after it caught fire because an electric scooter thrown into the trash truck setting the trash ablaze. The truck had to immediately dump its load onto Congress Street, striking wires in the process.

Last summer Razor USA issued a voluntary recall of GLW battery packs installed in Hovertrax 2.0 hoverboards built between September 2016 and August 2017 because of a battery fire risk . This needs no explanation. Imagine a kid on one of these or stored in your garage.

How does the New Jersey law define e-bikes?

E-bikes generally come in two forms: throttle and pedal assist. On a throttle bicycle, you can engage the throttle to propel forward using only the motor. Pedal assist bicycles give you extra power while you’re already pedaling. Some e-bikes are equipped with both modes.

Under the previous regulatory framework, e-bikes were classified as motorized bicycles (mopeds), and required registration with the MVC. However, the MVC system would not allow registration because the law was written for gas-powered vehicles. That left e-bikes in a legal gray area.

Additionally, the definition of motorized bicycles have been expanded. Aside from continuing to allow gas-powered vehicles, electric bicycles that can achieve speeds between 20 mph and 28 mph now fall under this classification. These vehicles will still require a driver’s license and registration from the MVC.

Low Speed Electric Bicycles:

  • 20 mph max speed
  • 750 watts or less
  • May be parked on sidewalks without blocking pedestrian traffic
  • No license, insurance, or registration required
  • Must follow all laws applicable to bicycles
  • Helmet use is required for those under age 17 (comments, please)
  • May be pedal assist or throttle powered

Motorized Bicycles

  • Electric pedal bicycles that can achieve speeds between 20 and 28 mph
  • Gas pedal bicycle with maximum piston displacement under 50 cc
  • Require driver license, registration, and insurance
  • Helmet use is required

How does the New Jersey law define e-scooters?

The word “scooter” can apply to a range of consumer products. Under the previous regulatory framework, all forms of scooters, aside from electric personal assistive mobility devices (mobility scooters for the disabled), were illegal for use on public streets in New Jersey.

The new law creates a new vehicle type called a “Low-speed electric scooter” which is defined as “a scooter with a floorboard that can be stood upon by the operator, with handlebars, and an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of less than 19 miles per hour.”

E-scooters must follow all the laws that apply to bicycles. That means that riders must comply with all the laws that apply to vehicles, such as obeying traffic signals and following the direction of traffic. Like e-bikes, e-scooters will be allowed to be parked on sidewalks, as long as they do not block pedestrian access. Operation on sidewalks and trails is up to local municipalities.

Low Speed Electric Scooters:

  • 19 mph max speed
  • May be parked on sidewalks without blocking pedestrian traffic
  • Riding on sidewalk up to each municipality
  • No license, insurance, or registration required
  • Must follow all laws applicable to bicycles
  • Helmet use is required for those under age 17

These tragic incidents must stop now. It’s up to us to take action:

You can contact the Township Committee:

Raymond Coles, Mayor (also via TLS at [email protected])
Menashe Miller, Deputy Mayor
Albert Akerman, Committeeman
Michael D’Elia, Committeeman
Meir Lichtenstein, Committeeman

or at:

https://www.lakewoodnj.gov/contact

Municipal Building
231 3rd Street
Lakewood, NJ 08701

732-364-2500

Monday-Friday
9:00 AM- 5:00 PM

You can contact Police Chief Greg Meyer via TLS at [email protected]

I plan to raise this issue at the Municipal Committee meeting this week

You can also contact the good people advocates at BPRC, (who are constantly reviewing statistics and regularly appear before the State Legislature):

The New Jersey Bicycle and Pedestrian Resource Center (BPRC) at:

Telephone: (848) 932-2899

Fax number: (732) 932-3714

Email: [email protected]

Or reach them on Twitter @njbikeped!

If we do nothing, then nothing will get done. Unfortunately it seems that the Governor is more concerned about “climate change” than our children’s safety.

The opinions stated in this article are not only those of the author
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8 COMMENTS

  1. I just wanted to add: In NYC when we saw someone under-age operating a moped or scooter, etc., illegally, what we would do is place the item in the trunk of back seat. Take the kid home and notify the parents that they could retrieve the item from the local precinct, where it was up to the desk sergeant to issue a warning, or a summons, based on the officer’s report.

  2. I work in a local urgent care, just had another fracture from a 10 year old who fell going at least 10 MPH.

    Lets not forget about the irresponsible way that kids and teen ride them, down the middle of the street as if they own the street..

    These were meant for adult to travel, not toys for kids!!!

  3. I was sitting on my porch tonight and I counted at least 15 various types of these. I would say less than half were wearing helmets. Most of them were in the middle of the street. More than a couple had cars behind them. If you can’t rely on parents’ responsibilities,
    no government action will help. An Ir HaTorah does not put precious children in danger. Sad.

  4. Speak to your local orthodontist.
    My local Orthodontic surgeon says a day doesn’t go by that he doesn’t have to fix teeth that results from a broken jaw by someone on a scooter.

  5. Maybe Murphy’s not exactly wrong about climate change. Cultural climate change. Lakewood’s erosion of basic Torah values. It’s one thing to learn inside but another to see inside yourself. Something’s wrong when frum Jews are going after the latest “hottest” craze and being idiotic showoff. It’s dangerous to our kids. V’debarta bam.

  6. @ron, thanks for another informative article. You are a true advocate for the people! You always hit a home run with your excellent work!

Comments are closed.