fbpx

Micro-Mobility, E-Bikes, & The Law

Published on April 25th, 2023

What is Micro-Mobility?

Micro mobility refers to modes of transportation that involve small, lightweight vehicles that are designed for short trips and can be easily parked or stored. These vehicles are typically powered by human effort, electric motors, or a combination of both.

Micro-mobility is becoming increasingly popular as cities and urban areas seek to reduce traffic congestion, improve air quality, and provide more sustainable transportation options. Many cities are implementing policies and regulations to encourage the use of micro-mobility vehicles, such as bike lanes, dedicated parking spaces, and shared mobility programs.

While micro-mobility offers many benefits, such as reducing carbon emissions and promoting physical activity, there are also concerns around safety and regulation. It’s important for users to follow local laws and guidelines when using micro-mobility vehicles, and for cities to implement regulations and infrastructure to ensure the safe and efficient use of these vehicles on public roads and sidewalks.

What are Common Types of Micro-Mobility Vehicles?

There are several types of micro-mobility vehicles that are commonly used for short trips and urban transportation. Some common examples include:

Electric Scooters

These are small electric vehicles that are designed to be ridden standing up. They typically have a range of 10-20 miles and can reach speeds of up to 15-20 miles per hour.

Electric Bicycles

Electric bicycles, or e-bikes, have an electric motor that assists with pedaling, making it easier to cover longer distances or tackle hills. They typically have a range of 20-40 miles and can reach speeds of up to 20-28 miles per hour.

Electric Skateboards

These are small, motorized skateboards that are designed to be ridden standing up. They typically have a range of 7-12 miles and can reach speeds of up to 20-25 miles per hour.

Electric Unicycles

Electric unicycles are single-wheeled vehicles that are powered by an electric motor. They can be ridden standing up and typically have a range of 10-20 miles and can reach speeds of up to 12-20 miles per hour.

Hoverboards

Hoverboards are two-wheeled, self-balancing scooters that are powered by an electric motor. They typically have a range of 8-12 miles and can reach speeds of up to 6-12 miles per hour.

Suspended Licenses & Micro-Mobility

It is not legal to operate any type of vehicle, including micro-mobility vehicles, under a suspended license. When your license is suspended, it means that your driving privileges have been temporarily taken away by the government due to a violation of traffic laws or other related reasons.

Operating a vehicle, including a micro-mobility vehicle, during a license suspension period can result in legal consequences such as fines, jail time, and additional suspension periods. It is important to abide by the terms of your license suspension and not operate any type of vehicle until your driving privileges have been fully reinstated.

A unique exception to micro-mobility and license suspension is low-speed electric bicycles.

What is a Low-Speed Electric Bicycle?

A low-speed electric bicycle (also known as an e-bike or electric bike) is a type of bicycle that is equipped with an electric motor to assist with pedaling.

Low-speed electric bicycles are regulated differently in different countries and regions. In the United States, they are considered bicycles under federal law if they meet certain criteria, such as having operable pedals and a maximum speed of 20 mph on level ground.

Are Low-Speed Electric Bikes Legal to Operate with a Suspended License?

While technically ‘legal’ to operate under a suspended license, e-bikes are currently a legal gray area when it comes to operating under a suspended license. The Illinois Vehicle Code excludes low-speed electric bicycles from the definition of “motor vehicle”. By implication, it is legal to operate one despite not having valid driving privileges.

Electric bicycles can be hard to classify, however, as e-bikes with a top speed of 19 mph aren’t considered motor vehicles. Once an e-bike hits 20 mph, however, it becomes a motor vehicle which is illegal to drive under a suspended license.

From the Illinois Vehicle Code:

“Definition of “low-speed electric bicycle”

A bicycle equipped with fully operable pedals and an electric motor of less than 750

watts that meet the requirements of one of the following classes:

  • (a) “Class 1 low-speed electric bicycle” means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.
  • (b) “Class 2 low-speed electric bicycle” means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour.
  • (c) “Class 3 low-speed electric bicycle” means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.

A “low-speed electric bicycle” is not a moped or a motor-driven cycle.

Class 1 and Class 3 low-speed electric bicycles must deactivate their motor-assist feature whenever the rider is not pedaling as well as when the bicycle reaches the maximum speed of its class. Quite simply, upon achieving either of these conditions, the bicycle functions as a human-powered device.”

Low-Speed Electric Bicycles & The Law

Low-speed electric bicycles are defined as bicycles with a motor that is less than 750 watts and is designed to assist with pedaling. Low-speed electric bicycles are allowed a maximum speed of 20 miles per hour on level ground. These vehicles are typically regulated by state and local laws, which may require riders to wear helmets, follow traffic laws, and use designated bike lanes or paths.

Even though low-speed electric bicycles are considered bicycles under some laws, they are still considered motor vehicles under many state and federal laws. Operating a low-speed electric bicycle is not advised without explicit consent from a lawyer or other legal entity.

Low-Speed Electric Bicycles Without Using the Motor

The legality of riding an electric bike (e-bike) while under a suspended license can vary depending on the state or jurisdiction, as e-bikes are regulated differently in different places.

A suspended driver’s license means that you are not allowed to operate any type of motor vehicle, including e-bikes. Even if the motor is not being used and the e-bike is being operated solely through pedaling, it may still be considered a motor vehicle and subject to the same rules and regulations as other vehicles.

If you are caught riding an e-bike under a suspended license, even if the motor is not being used, you could face legal consequences such as fines, additional suspension periods, or even criminal charges.

It is important to follow the terms of your license suspension and not operate any type of vehicle, including e-bikes, until your driving privileges have been fully reinstated. If you need to travel short distances during your suspension period, consider alternative forms of transportation such as public transit, walking, or biking without a motor.

Laws of Micro-Mobility Vehicles on Roads

The legality of driving micro-mobility vehicles on roads depends on the specific laws and regulations where you are located.

In general, micro-mobility vehicles such as electric scooters or motorized bicycles are subject to traffic laws and regulations just like any other vehicle. This means that in most places, they are allowed to be ridden on roads, but may be subject to certain speed limits, usage restrictions, and equipment requirements.

In some jurisdictions, there may be specific regulations that govern the use of micro-mobility vehicles, such as requirements for helmets, lights, or mirrors. Additionally, there may be restrictions on where they can be ridden, such as limited access highways or certain busy roads.

It is important to familiarize yourself with the specific laws and regulations in your area to ensure that you are following all applicable rules and staying safe while using micro-mobility vehicles on roads.

Micro-Mobility Road Laws in Illinois

In Illinois, the use of micro-mobility vehicles such as electric scooters or motorized bicycles is generally allowed, but there are several restrictions and regulations that must be followed. Key regulations for general micro-mobility vehicle use in Illinois include:

  • Minimum age requirement. Riders of electric scooters and motorized bicycles must be at least 16 years old.
  • Riders under 18 years old are required to wear a helmet.
  • Speed limits. Electric scooters and motorized bicycles are limited to a maximum speed of 20 miles per hour.
  • Equipment requirements. Electric scooters must be equipped with brakes, a horn or bell, and a white front light and red rear light for nighttime use.
  • Riding on sidewalks. Riding on sidewalks is prohibited in most municipalities, and riders should use bike lanes or ride in the street.
  • Driving under the influence. It is illegal to operate a micro-mobility vehicle while under the influence of drugs or alcohol.
  • Electric scooters must be parked in designated areas, such as bike racks or other designated areas.

It is important to note that specific regulations for micro-mobility vehicle use may vary by municipality, so it is important to familiarize yourself with the local laws and regulations in your area.

Driving Micro-Mobility Vehicles on the Road in Illinois

Micro-mobility vehicles are allowed to be driven on the road, but they must follow the same traffic laws and regulations as other vehicles on the road. This means that riders of micro-mobility vehicles must obey all traffic signals and signs, ride in the same direction as other vehicles on the road and stay in designated bike lanes or ride as close as practicable to the right-hand side of the roadway.

Additionally, electric scooters and motorized bicycles in Illinois are limited to a maximum speed of 20 miles per hour, and riders must be at least 16 years old. It is important to note that specific regulations for micro-mobility vehicle use may vary by municipality, so familiarizing yourself with the local laws and regulations in your area is important.

Micro-Mobility & the Highway

In Illinois, micro-mobility vehicles are generally not allowed to be driven on highways or limited access roads. These types of vehicles are typically restricted to lower-speed streets, bike lanes, or shared-use paths.

Illinois law defines limited-access highways as roadways that have separate carriageways for each direction of travel, and no access to the adjacent property except at interchanges and certain other designated locations. Because of the high speeds and restricted access on these types of roads, they are generally not safe or appropriate for use by micro-mobility vehicles.

It is important to note that specific regulations for micro-mobility vehicle use may vary by municipality.

Micro-Mobility & Accident Liability

Micro-mobility accident outcomes will depend on several factors, including the severity of the accident, the injuries sustained, and who was at fault for the accident. If you are in an accident involving a micro-mobility vehicle the following steps should be taken:

  • Report the accident. If the accident caused injury, death, or property damage over $1,500, you must report the accident to the police within 10 days.
  • Gather information. Collect the driver’s name, contact information, and insurance information. Get contact information from any witnesses to the accident.
  • Document the scene. Take photos of the accident scene, including damage to the e-bike and any other vehicles involved.
  • Contact an attorney. If you were injured in the accident, it may be a good idea to contact an attorney who can help you navigate the legal process and protect your rights.

In general, e-bike riders have the same rights and responsibilities as cyclists on the road. If the other party was at fault for the accident, you may be able to seek compensation for medical expenses, lost wages, and other damages. However, if you were at fault or contributed to the accident, you may be held liable for any damages or injuries caused.

Micro-Mobility & Ebike Lawsuits in Illinois

A common question regarding accidents in Illinois is “Are micro-mobility/e-bike lawsuits handled differently from standard lawsuits?”

Micro-mobility accident lawsuits are generally handled in the same way as standard traffic accident lawsuits. Micro-mobility vehicles, such as electric scooters or bicycles, are considered vehicles under Illinois law, and riders have the same rights and responsibilities as other vehicles on the road.

If you are involved in an accident while riding a micro-mobility vehicle and you are injured, you may be able to seek compensation for medical expenses, lost wages, and other damages. To do so, you will need to prove that the other party was at fault for the accident.

To pursue a lawsuit, it may be helpful to work with an attorney who has experience with personal injury cases and who can help you gather evidence, determine liability, and negotiate with insurance companies or other parties involved in the accident.

Specific regulations for micro-mobility vehicle operation may vary by municipality.

Are Micro-Mobility Users More Likely to Be At-Fault for Accidents?

Micro-mobility operators, like electric scooter users or e-bike riders, are not necessarily more likely to be at fault for an accident. Like all road users, micro-mobility operators have a responsibility to follow traffic laws and exercise caution to avoid accidents.

There are some factors, however, that may make accidents involving micro-mobility vehicles more likely to occur. Micro-mobility vehicles are often smaller and less visible than other vehicles on the road, which can make them more difficult for drivers to see. Additionally, micro-mobility vehicles may be more susceptible to road hazards, such as potholes or uneven pavement, which can cause accidents.

The nature of micro-mobility accidents can also be different from other types of traffic accidents. Accidents involving electric scooters may be more likely to result in head injuries or other serious injuries, due to the lack of protective equipment typically worn by riders.

Ultimately, the cause of an accident involving a micro-mobility vehicle will depend on a variety of factors, including the actions of both the micro-mobility operator and other drivers on the road. It is important for all road users to exercise caution and follow traffic laws to help prevent accidents from occurring.

Micro-Mobility, E-bikes, Protective Gear, & Insurance

Utilizing proper protective gear when operating a micro-mobility vehicle or e-bike is extremely important–both for safety and potential legal/insurance ramifications.

Whether insurance will cover the costs of an injury sustained while using a micro-mobility vehicle without proper protection will depend on several factors, including the specific terms of the insurance policy, the circumstances of the accident, and any applicable laws in the jurisdiction where the accident occurred.

In general, insurance policies for micro-mobility vehicles, such as electric scooters or bicycles, may require riders to wear protective gear, such as helmets, to be covered in the event of an accident. If a rider was not wearing the required protective gear at the time of an accident, the insurance company may argue that the rider was not following the terms of the policy and may deny coverage.

Micro-Mobility Protective Gear: Does it Affect Accident Lawsuits?

The use of protective gear can be a factor in a micro-mobility lawsuit if the rider was injured in an accident and the question of liability is being considered.

In some cases, the use of protective gear may be considered evidence of the rider’s level of care and caution. On the other hand, if a rider was not wearing protective gear at the time of an accident, their lack of protection may be used against them in a liability determination.

It is important to note, however, that the use of protective gear is just one of many factors that may be considered in a micro-mobility lawsuit, and liability will ultimately depend on the specific circumstances of the accident and the actions of all parties involved.

It is safe to say that taking all protective gear rules & laws into account before driving a micro-mobility device is extremely important. Following both the law and the rules of your insurance provider is the safest way to avoid potentially damaging legal ramifications.

What to Do Before Using a Micro-Mobility Vehicle on the Road

If you are driving under a suspended license the first thing you need to do is talk to your lawyer. Failure to do so could result in further legal penalties.

If you get the go-ahead from your lawyer for using a micro-mobility vehicle (or are considering using one for short personal trips in general), the following precautions should be taken:

  • Familiarize yourself with the rules and regulations. Make sure you understand the laws and regulations regarding micro-mobility vehicles in your area. This may include speed limits, where you are allowed to ride, and whether helmets or other safety gear are required.
  • Choose a safe route. Plan your route in advance and choose roads and pathways that are safe for micro-mobility vehicles. Avoid busy streets, high-speed roads, and areas with heavy pedestrian traffic.
  • Wear proper safety gear. Wearing a helmet and other safety gear can help protect you in the event of an accident. Consider wearing reflective clothing or accessories to increase your visibility.
  • Inspect your vehicle. Before using your micro-mobility vehicle, inspect it to make sure it is in good working condition. Check the brakes, tires, and other components to ensure they are functioning properly.
  • Follow traffic laws. Obey traffic signals and signs and use hand signals to communicate your intentions to other drivers and pedestrians. Always stay alert and aware of your surroundings.
  • Respect other road users. Be respectful of other drivers, pedestrians, and cyclists on the road, and avoid reckless or aggressive behavior. Yield to pedestrians and slower-moving vehicles when appropriate.

By considering these factors and taking appropriate precautions, you can help ensure a safe and enjoyable experience when using a micro-mobility vehicle on the road.

Contact an Illinois Accident Attorney Today

If you or a loved one has been injured in an accident due to the negligence of another person, our experienced attorneys can help you receive compensation for the damages you have suffered. There is no fee unless we obtain compensation for you.

Get a free case review by calling 866-699-3339 ‌or‌ ‌complete‌ ‌the‌‌ ‌contact ‌request‌ ‌form‌.‌

Back to News

Contact Us

    Park Ridge

     

    15 N Northwest Hwy
    Park Ridge, IL 60068

    +1866-736-5324 +1866-736-4370 +1866-736-5316

    Call us today!

    866-699-3339

      Leave a Review