Bicycle council recommends signs to ban mopeds from trails

The Delaware Bicycle Council last month asked the Department of Transportation to explore the availability of signs restricting mopeds on paved trails after growing concern about the safety of the vehicles sharing paths with pedestrians and non-motorized bicycles.

Those worries were piqued after 14-year-old Reis Yoc-Santos, a passenger on an electric bike, died in a Sept. 12 accident in Dover. A school bus turning across the path collided with the smaller vehicle.

The accident had personal meaning for Stephanie Johnson, director of planning at DelDOT, who said at the Oct. 1 council meeting that she is a close friend of the Santos family and attended a candlelight vigil held after his death.

Johnson said she wants more educational efforts to improve safety on the paved trails overseen by DelDOT and the state Department of Natural Resources and Environmental Control. 

“I am working with a team to identify ways that we can mitigate these types of accidents and educate the public,” Johnson said. “My concern is really high school students who just aren’t educated” about the dangers.

E-bikes have been drawing complaints from others using trails, several council members said.

A Sept. 18 Cape Gazette poll found 54% of 912 respondents said higher-powered e-bikes should not be allowed on paved trails. Another 27% said only lower-powered e-bikes should be allowed, and 18% said all e-bikes should be permitted.

The poll results were raised as the council discussed the issue.

There are legal distinctions between an electric bicycle and a moped, based on motor size, speed and other features.

It was unclear if the vehicle Reis Yoc-Santos was riding on was considered a moped under Delaware state law.

“Although it was reported as an electric-bike fatality, it was probably not an electric bike that was involved,” said James Wilson, an at-large representative on the council.

Popular models of the Ridstar brand of e-bike, the brand involved in the crash, can exceed 28 mph, Wilson said. 

E-bikes can have motors up to 750 watts and travel up to 28 mph, while mopeds have motors between 750 and 2,000 watts and can exceed 28 mph. E-bikes are commonly pedal-assisted, council members said.

There are three classes of e-bike. Class 1 is pedal-assist only with a top speed of 20 mph. Class 2 has both a throttle and pedal-assist with a top speed of 20 mph. Class 3 is pedal-assist only with a top speed of 28 mph. In some states, Class 3 e-bikes may have a throttle, but they cannot exceed 28 mph.

A drivers license and title are required to operate a moped on a state highway. Motor vehicle insurance is not required. It is illegal to operate one on interstates and limited-access highways.

Mopeds may not be operated on any path set aside for use of bicycles unless the motor has been turned off. Wearing a helmet is recommended, but not mandated by law.

Council members said mopeds are, in some cases, improperly marketed toward young riders who may be unaware of the laws.

Steps are needed to limit use of motorized vehicles on trails to short-circuit a pushback against use of e-bikes on trails, council members said.

“If we do not make it clear that mopeds are not allowed, people will be confused and demand that electric bikes will be barred from trails,” Wilson said.

“Not from a state police perspective, but from my personal perspective, if we don’t do something and they allow mopeds to continue on there, it will spoil the electric bike ride,” said Delaware State Police Sgt. John Wheatley, a member of the council. 

“A lot of the senior citizens enjoy that electric bike ride, and they’re going to end up getting kicked off the trail because of mopeds,” Wheatley said.

E-bikes are enjoyable and provide mobility, especially for older riders, he said

Fran Cardaci, an at-large council member, suggested restrictions on use of motored bikes be based on speed, regardless of whether it’s an e-bike or moped. Cardaci said 15 mph may be a reasonable limit.

“It’s crazy dangerous to allow anything that goes up to 28 mph,” she said. “I really feel there should be speed limit signs on the trails. That would probably reduce some of the tension out there between the pedestrians and the cyclists. The electric moped, this is a separate issue.” 

While several options were considered, the resolution backed 10-1 by council was limited to asking DelDOT to look into signs barring mopeds from paved state trails.

Signs would be an important step before enforcement, or at least warnings, to violators to prompt compliance, council members said.

“If signs are posted, they should make clear the distinction between electric bicycles and mopeds,”  Wheatley said 

Michael Tyler, an at-large representative on council, said plans discussed at the meeting don’t go far enough.

“I would ban all electric bikes from the trails,” Tyler said. “Everybody I’ve ever talked to about it, they all hate it. They say it’s terrible.”

He blamed some operators of e-bikes and mopeds for the problem.

“They don’t know how to ride,” Tyler said. “They don’t have etiquette. I just think we’ve opened a Pandora’s Box, and we’re not going to solve it by a sign.”