The Current State of eMTB Trail Access in the USA

[Gyre]

Bravo Rod!!! Thank you for showing how to respond to agencies who refuse to comply with the ADA.

 

[ajlevine]

Regarding Bureau of Land Management, Here's my story and I'm sticking to it.....

I hate being screwed with. After getting off the phone, I contacted the Department of Justice and filed a civil rights complaint in regards to disabled discrimination perpetrated by BLM Moab. Several weeks ago I was advised that my matter had been successfully investigated and my complaint was determined to be founded as a violation of the Rehabilitation Act. I was told to contact the BLM Moab District Manager and she would make arrangements for me to ride my eBike on BLM Moab non-motorized trails. On September 13, I will be visiting and riding BLM Moab on my eBike.

Wow, I've just been trying to figure out the same thing. I'm going to Moab in 3 weeks. Would you suggest me contacting them as well? Or should I just go for it and be ready for a fight w/a friendly ranger?

Thanks,

Andy

 

[Rod B.]

Wow, I've just been trying to figure out the same thing. I'm going to Moab in 3 weeks. Would you suggest me contacting them as well? Or should I just go for it and be ready for a fight w/a friendly ranger?

Thanks,

Andy

Andy,

It depends....I have friends that ride their eBikes in Moab and have never been hassled. I've never seen a ranger on a trail at Moab. That doesn't mean there aren't any, it's just that I've never seen one. Many of the trails such as Klondike Bluffs, Navajo Rocks area and Gemini Bridges are pretty far away from town. You can ride there and I'm guessing nobody will know or say anything. Areas such as Hymasa/Capt. Ahab are very popular and fairly close to town. You might encounter a ranger. One issue you will encounter are the bike shop shuttle companies. They will not shuttle an eBike up for the Whole Enchilada.

If you have a disability, you can call the BLM Moab office and ask for permission. They should say yes, especially after my matter was resolved. However, we're talking about the government and they may say "No" just to be pricks. If you are told 'No' and then later stopped, the situation becomes a 'We warned you'. Sometimes it's better to ask for forgiveness after the fact.

If you are told no, you will need to go my route and file a disability complaint with the Department of Justice. This will take a few months to settle, at which time you will be granted permission to ride your eBike there.

 

[ajlevine]

Andy,

It depends....I have friends that ride their eBikes in Moab and have never been hassled. I've never seen a ranger on a trail at Moab. That doesn't mean there aren't any, it's just that I've never seen one. Many of the trails such as Klondike Bluffs, Navajo Rocks area and Gemini Bridges are pretty far away from town. You can ride there and I'm guessing nobody will know or say anything. Areas such as Hymasa/Capt. Ahab are very popular and fairly close to town. You might encounter a ranger. One issue you will encounter are the bike shop shuttle companies. They will not shuttle an eBike up for the Whole Enchilada.

If you have a disability, you can call the BLM Moab office and ask for permission. They should say yes, especially after my matter was resolved. However, we're talking about the government and they may say "No" just to be pricks. If you are told 'No' and then later stopped, the situation becomes a 'We warned you'. Sometimes it's better to ask for forgiveness after the fact.

If you are told no, you will need to go my route and file a disability complaint with the Department of Justice. This will take a few months to settle, at which time you will be granted permission to ride your eBike there.

Thanks, Rod. I appreciate all the details. Enjoy the ride!

-Andy

 

[Mikerb]

I recently saw a report ( sorry ..cant remember the author etc) on this subject in the US. I came to the conclusion that one very significant reason for the amount of resistance and confusion/ignorance amongst the various authorities that control trail access is the range of EBIKES that are legal in the US. I think I read in the posts above that CA had clarified that a pedelec is a bicycle but that appears to be far from the case in various states and Federal agencies/state and Federal landowners. Maybe lobbying to get 250w/20mph max assist category of bikes differentiated.......even marked in some way..... from the large range of other EBIKES allowable in the US is the way to go?

 

[Mabman]

I recently saw a report ( sorry ..cant remember the author etc) on this subject in the US. I came to the conclusion that one very significant reason for the amount of resistance and confusion/ignorance amongst the various authorities that control trail access is the range of EBIKES that are legal in the US. I think I read in the posts above that CA had clarified that a pedelec is a bicycle but that appears to be far from the case in various states and Federal agencies/state and Federal landowners. Maybe lobbying to get 250w/20mph max assist category of bikes differentiated.......even marked in some way..... from the large range of other EBIKES allowable in the US is the way to go?

Was part of the original California eBike legislation that has been adopted by the industry and is being lobbied for in all states by People For Bikes the industries legal front. What you describe is a Class 1 and all bikes do require tags that state what class they are on the bike but that doesn't mean that all bikes do and that there isn't a much wider range of wattage options over here than the EU.

Anytime a new user group hits the trail systems here in the U.S. the pitchforks come out by the folks that already access those trails. Problem is there is such a wide range of ownership from Federal agencies to private parcels that can be in a Federal area, called InHoldings, so the redtape takes awhile to work through. In the meantime we just ride where we think we won't get shot.

 

[Slowroller]

I recently saw a report ( sorry ..cant remember the author etc) on this subject in the US. I came to the conclusion that one very significant reason for the amount of resistance and confusion/ignorance amongst the various authorities that control trail access is the range of EBIKES that are legal in the US. I think I read in the posts above that CA had clarified that a pedelec is a bicycle but that appears to be far from the case in various states and Federal agencies/state and Federal landowners. Maybe lobbying to get 250w/20mph max assist category of bikes differentiated.......even marked in some way..... from the large range of other EBIKES allowable in the US is the way to go?

Unlike in the UK/EU/rest of the world, you can call anything an ebike here in the US and sell it. So, yeah, there are certified Class 1 bikes that are the same as yours, but lots of overpowered garbage ebikes too. Most of them bought by idiots like Simon Cowell lol. No one has figured out what to do about it.

 

[Mikerb]

I think it would be a tremendous help to have a name to differentiate class1 ebikes from from the others. Something easy to say that rolls off the tongue. How about "E1 Bike".
Example: "I saw a group of riders on E1's and it looked like they were having a blast".
Could put up signs at bike shops, trailheads and other places that explain what a E1 bike is......
Anybody have other names that might work?

It would be more useful to call non class 1 pedelecs moped or motorcycles.
Maybe not possible now though in the US . I would suggest a naming convention more immediately understandable and meaningfully for everyone including the various State and Federal authorities. Maybe TLP EMTB.......trail legal pedelec EMTB.

 

[JimBo]

the bike simon cowell crashed is the swind and made in the uk and costs $20.000 but dont think you can buy it anymore.

but it is the same over here most fast food delivery riders use 3kw hub motors with throttles and there are 100s of them round here in town esp at the weekends.

then you got all the kids ect on scooters and when the batts die they throw them in the bin and then the bin lorrys catch fire .

Here are two new dual hub drive "ebikes" I just read about. One is a 5kW for $4K, the other 15kW for $6K. They claim that the latter can hit 80mph, yet both only use "modified" Tektro hydraulic brakes with 203 rotors in the front and 180s in the rear - death traps to be sure! They're also among the biggest threats to public land trail access...

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[Mabman]

It is bikes like the above, which style originated in Australia years ago and has been copied widely by the Chinese ever since, that will hopefully go away pending the new legislation that will fine heavily non compliant to Federal rules and regs for eBikes of which the Class type bikes are a subsection of. And good riddance to them as indicated they are nothing but a threat to the whole eBike movement.

I also have no love for the small wheeled, small framed scooter type "eBikes" that are being marketed here by lots of companies. Some of them have dual motors also and hopefully they will dry up and blow away too.

 

[Downhillr]

My local US Forrest Service have gone and posted no EBIKE and no Pedal Assist signs at every trailhead. I'm an advocate for Class1's to be classified, and treated as bikes like our BLM and interior departments do. The federal government needs to consider the realities of the sport, and not listen to the gripes and complaints from those whom are not willing to see the factual evidence for Class 1's to be included in the "bike" category.

This has heightened the need for a cultural awakening about Class 1 bikes, and especially for those who need the assist because of disabilities. There is great discrimination building about Class 1 bikes and those who ride them.

Though I may look healthy to some, I'm dealing with post-Covid heart issues, and waiting on a new replacement and meniscus transplant. My surgeon recommended riding as I can't hike, let alone walk for exercise. Biking an analogue bike causes my knee to swell and makes it difficult to walk in the following days, the assist has made all the difference in not needed recovery time before my next ride.

I advise you to go see your Doc and get a permit/placard. I also have surgically repaired knee and am allowed to ride ebike, As far as I know federal ADA rules are excempt you… (I’ve been stopped by trail Nazi (oh, pardon me “Ranger”), shown ’em permit and it’s all “enjoy your ride sir”.

 

[Rod B.]

I advise you to go see your Doc and get a permit/placard. I also have surgically repaired knee and am allowed to ride ebike, As far as I know federal ADA rules are excempt you… (I’ve been stopped by trail Nazi (oh, pardon me “Ranger”), shown ’em permit and it’s all “enjoy your ride sir”.

In regards to the Federal Government and the Americans with Disability Act (ADA). The Federal Government does not have to comply with the ADA. When the act was enacted, the Federal Government was specifically excluded, only states, counties cities and business entities must comply. The Federal Government however, must comply with the Rehabilitation Act, in particular Section 504 of the Rehabilitation Act.

The Department of Agriculture is responsible for the United States Forestry Service. The U.S. Forestry service has taken a hard line stance against eBikes and defines eBikes as "Motor Vehicles." Therefore, eBikes are not allowed on any non-motorized trail located in a national forest. There are a few exemptions such as a ski resort bike park situated on forestry lands.

The United States Forestry does not does consider an eBike as a mobility device as covered under the ADA for use by the disabled. The Forest Service's reasoning is asinine. I've attached the full text of the ruling below.

The Secretary of the Interior is responsible for Bureau of Land Management lands and all National Parks. Electric bicycles are allowed in National Parks. The Bureau of Land Management recognizes Class 1 eBikes as "Motorized Bicycles" and not motor vehicles. The BLM leaves it up to each BLM Land District manager to decide if eBikes are allowed on that district's land. This is why some BLM areas will allow eBikes and others do not.

Note that In order for the District Manager to legally allow eBikes on non-motorized trails, the designation of the trail has to be changed from non-motorized to "Multi Use." In order to affect the change, a NEPA (National Environmental Policy Act) study has to be conducted in regards to what impact eBikes have on that BLM area's trail system both socially and environmentally. When I spoke to the BLM Moab District Manager, she told me that BLM Moab was not opposed to eBikes in Moab, however they had been severely sued by special interest groups, i.e. Sierra Club, purist mountain bikers, after BLM Moab began to allow eBikes to access non-motorized trails. She added that BLM Moab was now in the process of making the change legally and a NEPA study was being conducted. She said the NEPA process would take several years.

To further confuse the issue, in 2002 the United States House of Representatives and Senate passed "H.R. 727." The bill amended the Consumer Public Safety Act in regards to eBikes. The amendment specifically recognizes eBikes as bicycles and Not a Motor Vehicle (Refer to page two). I've attached the full text of the amendment below.

I'd love to find a lawyer willing to take up our cause and file a class action law suit against the Federal Government and particularly the United States Forestry Service. The Department of Agriculture's disallowance of eBikes for use as a mobility device by the disabled is discriminatory and a violation of Section 504 of the rehabilitation act. Class 1 eBikes operated by the elderly or for the matter even perfectly healthy adults should not be prohibited from accessing trails which a traditional bike has access to. If anybody knows of one who is willing to take on please let me know. It's the only way to quickly make a positive change.

I am baffled by the unwillingness of various government, county, city entities to create an equitable use of all trails. Why not designate

Here is the United States Department of Forestry's ruling on the use of an eBike as a mobility device. Every time I read it, I'm baffled by the pure bullshit reasoning.

Page One

Page Two

Part Three:

Here is the text of amendment H.R. 727

Page One:

Page Two:

View attachment 96949

 

[BuzzinHornets]

97180[/ATTACH]

In your second pic that No ebike sign has been removed, the website states that Moro canyon is open to class 1 ebikes.

"All roads and trails from the Moro Canyon Area (Moro Campground and Upper and Lower Moro Day Use areas) coastward are open to class-1 e-bikes. All other trails on the inland side of the Highway 1 are closed to e-bikes. "

This is some progress. I ride this area several times per week (mix of eMTB and meat powered). Seems to be about a 50/50 e and non e bikes despite the regulations. I have yet to see any type of enforcement in Crystal Cove/Laguna Woods and Irvine open Space.

 

[Downhillr]

So, as a NorCal Bay Area resident who rides an eBike I'm pretty annoyed at the lack of involvement from local manufacturers (looking at you @Specialized Rider Care). I feel it's their duty to be a vocal advocate for NorCal/CA if nowhere else. The amount of great trails that we cannot currently ride legally is astounding. So, while they'll gladly sell you an eBike they will not work with local authorities to open trails as far as I've seen. Recently in CA they revised the vehicle code to explicitly state that eBikes are bicycles and NOT motorized vehicles. Now, since this is a CA change it won't affect USFS trails, but it should provide some sort of legal wiggle-room for someone to challenge MidPen's recent denial of allowing eBikes on their trails. I watched their 5 hr meeting about it and it was a shame to see the amount of effort that went into the presentation only for the directors, who most have obviously not ridden a bicycle of any kind in many years, to just basically say, "f* it - nope." There are many seats up for election on MidPen's board this Nov - all it takes is 50 signatures to get on the ballot - if someone were to run who is sympathetic to the eBike cause they'd have my and many other votes.

Hi Cru, interesting comments. I’ve dealt with Mid-Pen BS for over 25 years and seen this biased group consistently abuse their powers, I'm now riding class 1 ebike due to knee surgery (and being in 70’s) with DMV disability placard… have had rangers stop to mention ebike ban although once I show paperwork they allow ride. A couple have been cool, one even mentioned they are looking into acquiring ebike for their patrolling… how hypocritical is that?! I do wish bike mfg’s were more involved, plow some of their ebike profits back into trail advocacy for the customers who gave ‘em the $$ in first place!

 

[papab]

@Rod B. Did you contact BLM Moab & get a card or something? Have you ridden there yet?

 

[Rod B.]

@Rod B. Did you contact BLM Moab & get a card or something? Have you ridden there yet?

Papab,

I’m sorry it took me so long to respond. I’ve been on the road with my friends on a 12 day cross county mountain bike trip. If you or anybody else would like pictures and descriptions of the places we’ve ridden, please let me know and I’ll start posting. We’ve been riding some incredible trails.

I emailed the District Manager at BLM Moab and they emailed me back the permission to ride. Here is the link to the BLM Moab field office. When you email them, be sure to mention you have a disability and need to use an eBike as a mobility device under section 504 of the Rehabilitation Act, in order to access trails. Naturally……. I required two support people to ride with me. They just so happened to also ride eBikes……They also received permission to ride their bikes with me.

We started out on the 12th from Hurricane Utah where one of my friends lives. The riding in Hurricane is exceptional.

Our first stop on the trip was Richfield Utah where we rode the Pahvant Trail System. The riding there is really good. I ride a modified Orbea Rise M20. On our second day we rode Moab Utah. On the third day we rode the “Midland“ trail system near the town of Buena Vista Colorado. We were scheduled to ride the Monarch Crest Trail but a thunder storm had rolled into town and shut the ride down. On the fourth day we rode the Switchgrass Epic at Lake Wilson, near Russell Kansas. Today we arrived in Bentonville Arkansas where we will be riding for the next five days. On the return trip we will be riding in New Mexico at Glorieta Camps. After that we will head back up to Cortez Colorado to ride Phil’s World, Canyon of the Ancients and several other rides in the area.

Regarding Moab, we were supposed to ride Captain Ahab and the Mag 5, but it began to storm and we opted for Navajo Rocks. We were able to get in a quick ride before the rain shut us down.

Here are a few pictures of Richfield Utah’s Pahvant Trails and Moab’s Navajo Rocks.

Moab Utah. Navajo Rocks

 

[Mabman]

That so makes me miss the easy access I had to the Dez when I lived in CO.. Thanks for sharing!

 

[skinipenem]

Bumping this thread.

I'm curious as to if any enforcement action has target place against class 1 ebikers riding in 'illegal' or banned areas.

 

[CruJones]

Bumping this thread.

I'm curious as to if any enforcement action has target place against class 1 ebikers riding in 'illegal' or banned areas.

In the Bay Area they will issue tkts for riding a class 1 on MidPen trails.

 

[RebornRider]

In the Bay Area they will issue tkts for riding a class 1 on MidPen trails.

So Skeggs is a risk? I've heard it's a nice bunch of trails.

 

[Jeremybub]

So Skeggs is a risk? I've heard it's a nice bunch of trails.

I grew down the street from Skaggs, originally it was call PITT’s built for motocross, it was fantastic back in the day, my Dad, brother and I donated time to build the trails back in the mid 70 early 80 when it was privately owned, I still ride Skaggs on my EMTB and pass rangers often, they've never given me or our group any flack, however that doesn’t mean that folks haven’t gotten flack while riding I’m just writting my experience. Take care and ride on!

 

[Downhillr]

I grew down the street from Skaggs, originally it was call PITT’s built for motocross, it was fantastic back in the day, my Dad, brother and I donated time to build the trails back in the mid 70 early 80 when it was privately owned, I still ride Skaggs on my EMTB and pass rangers often, they've never given me or our group any flack, however that doesn’t mean that folks haven’t gotten flack while riding I’m just writting my experience. Take care and ride on!

Ive been stopped twice at Skegg’s Point & once at Montebello, both Mid-Pen properties. It n both cases the ranger was issuing a warning although once I showed my handicap placard I was allowed to continue riding.

 

[Gyre]

Bumping this thread.

I'm curious as to if any enforcement action has target place against class 1 ebikers riding in 'illegal' or banned areas.

The Orange County area is pretty notorious for ticketing e-bike riders. Secondhand information though since I rarely ride in the area. I've seen the staff at Chino Hills State Park* shouting at anybody riding anything e-powered.

*yes, not strictly OC

 

[RustyIron]

The Orange County area is pretty notorious for ticketing e-bike riders. Secondhand information though since I rarely ride in the area. I've seen the staff at Chino Hills State Park* shouting at anybody riding anything e-powered.

My experience has been completely opposite. I've passed rangers, chatted with rangers, hung out where the rangers are hanging out, and only once was I harassed a couple years ago by a young pup. He snorted and stomped and told me to go back to my truck. That was the extent of it.

Where have you gotten all these tickets?

 

[Gyre]

My experience has been completely opposite. I've passed rangers, chatted with rangers, hung out where the rangers are hanging out, and only once was I harassed a couple years ago by a young pup. He snorted and stomped and told me to go back to my truck. That was the extent of it.

Where have you gotten all these tickets?

As I mentioned above, the only thing I witnessed firsthand was Chino Hills State Park. Otherwise, it's my impression from reading posts on Facebook, Pinkbike, and MTBR.

 

[Downhillr]

Hey, Rusty. I started writing an emotion-filled response supporting what you said. Then I thought maybe it was the caffeine talking, and I should dial it back a bit. So I deleted it and started over.

It seems that whatever I like, eventually someone will come along and tell me that I can't do it. The people most interested in wrecking my good times are the suits sitting in high-rise buildings, and the woke city folks who would shrivel up and die if they ever found themselves without an asphalt road to take them to the nearest fast-food outlet. Motorcycles, dune buggies, guns, shooting, rock climbing, mountain bikes, eMTB's... they don't want us going into the wilderness to have fun, but they don't ever leave the sanctuary of their little cracker boxes. That's why all of us outdoorsmen need to stick together, regardless of what we like. If we don't, they'll pick us off, one by one. And that's why I don't abide by their arbitrary rules. I could, but they'll just make up new rules next year.

Lol, dude glad you dialed it back, miggt have been fun to have seen your original emotional response!
I know an awful lot of “suits”
(or folks in suits jobs) from the “city” riding trails alongside their blue-collar mtb buddies here in the SF Bay area, I really don't think its a class related thing. I don't know if its diiferent here because we have so much local trail choice on our doorstep and the open attitude and influence as world’s diverse tech capitol but many of the area’s mtb riders are also kayaking, surfing, climbing, fishing and otherwise enjoying outdoors.

 

[Downhillr]

So, as a NorCal Bay Area resident who rides an eBike I'm pretty annoyed at the lack of involvement from local manufacturers (looking at you @Specialized Rider Care). I feel it's their duty to be a vocal advocate for NorCal/CA if nowhere else. The amount of great trails that we cannot currently ride legally is astounding. So, while they'll gladly sell you an eBike they will not work with local authorities to open trails as far as I've seen. Recently in CA they revised the vehicle code to explicitly state that eBikes are bicycles and NOT motorized vehicles. Now, since this is a CA change it won't affect USFS trails, but it should provide some sort of legal wiggle-room for someone to challenge MidPen's recent denial of allowing eBikes on their trails. I watched their 5 hr meeting about it and it was a shame to see the amount of effort that went into the presentation only for the directors, who most have obviously not ridden a bicycle of any kind in many years, to just basically say, "f* it - nope." There are many seats up for election on MidPen's board this Nov - all it takes is 50 signatures to get on the ballot - if someone were to run who is sympathetic to the eBike cause they'd have my and many other votes.

I’m nominating Cru!

 

[CruJones]

I’m nominating Cru!

I’ve attended a few public meetings and have voiced my opinion and quickly came to the conclusion that we need people/businesses with clout to make a change. From the CalFire meeting about eBikes it was apparent the head person in charge of Soquel Demo Forest was annoyed at having to deal with normal MTBs already, so getting eBikes is an uphill battle.

 

[Downhillr]

I’ve attended a few public meetings and have voiced my opinion and quickly came to the conclusion that we need people/businesses with clout to make a change. From the CalFire meeting about eBikes it was apparent the head person in charge of Soquel Demo Forest was annoyed at having to deal with normal MTBs already, so getting eBikes is an uphill battle.

Been an uphill battle since the days (couple decades ago) when Braille was unsanctioned trail but the work done by MBOSC (now “Trail Stewards”) and area bike dealers now has us as the official builders there with Flow Trail being a great example… even Mid-Pen, of all people has contracted work with the group, so persistence can overcome individual curmudgeons in power.
Not to name names but I’ve had individual conversations with rangers up & down Peninsula who are not anti bike or e-bike tell me our bike community needs to act as one voice.

 

[CruJones]

Been an uphill battle since the days (couple decades ago) when Braille was unsanctioned trail but the work done by MBOSC (now “Trail Stewards”) and area bike dealers now has us as the official builders there with Flow Trail being a great example… even Mid-Pen, of all people has contracted work with the group, so persistence can overcome individual curmudgeons in power.
Not to name names but I’ve had individual conversations with rangers up & down Peninsula who are not anti bike or e-bike tell me our bike community needs to act as one voice.

Agree we all need to come together to get any actual work done. I think we need the shops and manufacturers to lead the charge - they will then likely get the various trail steward groups to also push. The one thing that really is holding us back is the in-fighting within the MTB community itself.