§2.Consumer product safety standard for low-speed electric bicycles and other off-road electric devices
This section directs the Consumer Product Safety Commission (CPSC) to promulgate, not later than one year after enactment and using notice-and-comment rulemaking under 5 U.S.C. §553, a consumer product safety standard—treated as a rule under the Consumer Product Safety Act (15 U.S.C. §2058)—for uniform classification and labeling of low-speed electric bicycles and other off-road electric devices manufactured in, offered for sale to consumers in, or imported into the United States.
Prior to promulgation, the CPSC must (1) analyze crashes, injuries, and fatalities involving such bicycles and devices over the preceding five years, disaggregated by user age and device type (including class 1, class 2, or class 3 electric bicycles as defined in 23 U.S.C. §217(j)(2)); (2) evaluate relevant federal, state, local laws, guidance, best practices, and international standards; and (3) consult manufacturers, importers, sellers, safety experts, consumer and transportation advocacy groups, the National Highway Traffic Safety Administration, and others as appropriate.
The standard must include (1) definitions of distinct classifications; (2) minimum age recommendations by classification; (3) requirements that covered bicycles and devices bear permanent labels disclosing classification, motor power, maximum motor-only speed, minimum age, and—for off-road devices—not intended for on-road use and noncompliant with motor vehicle safety standards under 49 U.S.C. ch. 301; and (4) prohibitions on selling, offering for sale, or displaying as low-speed electric bicycles any that fail the definition, are modifiable to exceed speed or power limits, or lack operable pedals if designed for off-road use. The CPSC may later modify the standard via rulemaking and must analyze post-enactment crashes, injuries, and fatalities involving such products biennially (disaggregated similarly), with periodic reports.