Charlotte County’s electric bicycle ordinance includes repetitive language that is covered under Florida Statute.
SUN FILE PHOTO
MURDOCK — Charlotte County commissioners took another swing at e-bike rules Tuesday, and started by deleting sections already covered by state law.
On Tuesday, the commissioners had their first of two public hearings on updating the rules, saying they were trying to regulate rider behavior rather than regulating machines, all in the name of safety.
Throughout the region, cities and counties have been dealing with how to regulate the newer technology that increases the speeds of bicycles — and what defines e-bikes.
Charlotte County passed its first set of rules for e-bikes in February. Since then, the Florida Legislature modified state e-bike regulations, requiring that riders under 16 need to wear helmets.
That’s one of the elements that can come out of the local ordinance.
Pull Quote
“For 10-year-olds, I don’t think they’re safe to be driving up and down roads because they really don’t have the awareness of what’s going on around them.
Stephen R. Deutsch, Charlotte County Commissioner
“We’re taking out a lot, and it’s not because we don’t care about them,” said Terry Cochran, professional standards & training director for the Charlotte County Sheriff’s Office. “It’s because it’s already covered in statues.”
Under Florida statute, an e-bike is a bicycle or tricycle equipped with fully operable pedals, a seat or saddle and an electric motor of less than 750 watts.
A motorcycle is any motor vehicle having and designed to travel on not more than three wheels and lacks pedals. The term does not include an e-bike.
“Human powered with an electric battery that can assist or take over for you, are considered e-bicycles,” Cochran said.
Included in the amended ordinance is the prohibition of motorcycles on public sidewalks, cross-sides, intersections and multi-use paths. E-bikes would remain permitted.
Commissioner Stephen R. Deutsch shared his concerns about the lack of age regulations.
“For 10-year-olds, I don’t think they’re safe to be driving up and down roads because they really don’t have the awareness of what’s going on around them,” Deutsch said. “We’re letting a youngster get on a bike at any age and go on our roads.”
Cochran responded that it is up to the parents to decide for their kids.
“We are not up on the dais to parent,” Cochran said. “We are up on the dais to regulate behavior.”
In terms of penalties for minors that break the law, Cochran said the sheriff’s office emphasizes educational awareness.
“Education is everything and progressive,” Cochran said. “We’re gonna say, ‘Hey, wear your helmet.’ If we see them again, then we’re going to step it up a little bit.”
Cochran said law enforcement will call a minor’s parents or guardians for a repeat offense.
“We work with the parents before citations are even done,” Cochran said.
Cochran provided statistics for deputy encounters with e-bikes:
• From Feb. 10 to June 4, 53 contacts, with 38 education warnings, 11 citations and 4 arrests.
• From June 4 to Aug. 22, 54 traffic stops, 43 education warnings, 11 citations.
From Feb. 1 to July 9, there have been 77 crashes that included a bicycle, moped, scooter, non-motor vehicle occupant or pedestrian. Four resulted in fatalities, 19 with serious injuries and 18 with minor injuries.
Due to House Bill 243, which would have had reports filed on e-bike infractions, being vetoed by Gov. Ron DeSantis, the county cannot calculate how many of the 77 crashes were e-bike related.
The county will announce when the proposed amended ordinance will return for a second and final public hearing.