Expert: Nancy Torres - 6/14/2009

Question
This may not be your area of expertise, but i see you offer very helpful answers on many things about PR. i want to find out the law in PR on motor assisted bikes. these things seem to go by many names (scooters/bikes/mopeds,etc)so it's confusing. i am interested in the legality of small 'bikes' with pedals, assisted by either a gas or electric motor, usually only able to go 20mph or less. some look like mopeds, others like bicycles. i want to buy one that does NOT require a drivers license-ins-registration, etc in PR. I've tried calling & writing the DTOP but get no, vague, or contradictory info from them. #usually they switch me from person to person until i get disconnected#
this is what i have found out about federal law on electric bicycles:
Canada, Europe and the United States have all passed legislation regarding electric bicycles and categorize them separately from mopeds and motorcycles. In 2001, the U. S. Congress passed Public Law 107-319 which exempts electric bikes under 750 watts and limited to 20 mph #with operating pedals# from the legal definition of a motor vehicle.
Some states have passed their own laws, but states cannot constitutionally pass legislation that reduces or eliminates Federal laws. An electric bike is legally a bicycle, so you can use it wherever and however you're able to use a standard bicycle. But additional laws governing the operation and safety of electric bikes may be extended by state or local governments. In most states, no license, insurance or registration is required.
LOW-SPEED ELECTRIC BICYCLES
SEC. 38. #a# Notwithstanding any other provision of law, low-speed electric bicycles are consumer products within the meaning of section 3#a##1# and shall be subject to
the Commission regulations published at section 1500.18#a##12# and part 1512 of title 16, Code of Federal Regulations.
#b# For the purpose of this section, the term low-speed electric bicycle' means a two or three-wheeled vehicle with fully operable pedals and an electric motor of less
than 750 watts #1 h.p.#, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.
#c# To further protect the safety of consumers who ride low-speed electric bicycles,the Commission may promulgate new or amended requirements applicable to such vehicles as necessary and appropriate.
#d# This section shall supersede any State law or requirement with respect to lowspeed electric bicycles to the extent that such State law or requirement is more
stringent than the Federal law or requirements referred to in subsection #a#.
Federal Electric Bicycle Law
HR 727
SECTION 1. CONSUMER PRODUCT SAFETY ACT.
The Consumer product Safety Act #15 U.S.C. 2051 et seq# is amended by added at the end of the following:
Electric Bicycle Regulations
•Federal law says that an electrically driven bicycle is considered a "bicycle" and the laws of bicycles
apply if:
o Electrically driven bicycle has less than 750 watt motor
o Functional pedals
o Max speed is less than 20mph
•    The Federal law shall supersede any State law or requirement with respect to low-speed
electric bicycles. (The state must regulate the electric bicycle as a bicycle)
•Federal definition of a bicycle o Sec. 1512.2. [Amended]
§2. Amend Sec. 1512.2, to revise paragraph (a) to read as follows: (a) Bicycle means:

The above laws only apply to electric bikes. i have not yet found found the federal law on gas assisted bikes. but i don't know if these federal laws apply in PR and that's what i need to find out before i try to buy one of these.
I'm sorry this question is getting so long, but i want to give you as much information as i can so, hopefully, i can finally get an answer.  here are some typical specs on this type of vehicle:
18in Alloy Wheels
Max. Speed - 26kmh
Max. Range - 40kms
200W Hub Drive Motor
Headlight / Taillight / Indicators
Speedometer / Battery Status
Pedal Power / Electric Power or Both
Front and Rear Suspension
[this bike manufacturer claims that it is street legal in all 50 states and does not require any license, etc. i am hoping you can prompt an official response from the DTOP before i actually try and buy one. (also, i cant find one for sale anywhere in PR, but that is the next problem to solve)
thanks so much-
nancy  

Answer
Hola, Nancy.
Yes, you are right, this is out of my area of Expertise, but the following will be of help.
To be able to help you with your question, I called the Comisión para la Seguridad en el Tránsito (Commission for the Transit Security), at the DTOP.  They don't have an answer to your question, as the kind of bicycle you are interested in may not be included in our local laws, so perhaps there are no regulations specifically for it.  I tried to speak with Sgt Rosario, but he has not been available.  He will get back to me, but that could take longer than the time we have at AllExperts for writing you with an answer to your question.
So, here is the information for you to contact them:
Comisión para la Seguridad en el Tránsito
Departamento de Obras Públicas
Sargento Rosario
787.721.412, 787.722.1120

As far as I know, Nancy, any vehicle that use our streets, must have a license and be registered.  The bicycles are an exception because they are allowed in the sidewalks, parks and other specific areas.  If the motor assisted bike that you are interested in is to be driven in the streets, along with cars and other vehicles, I am afraid you need to register it.  But, then, please note that this is my personal opinion.  Call Sgt Rosario and find out the correct information.
It is my pleasure to be of help.
Saludos desde Puerto Rico,
Nancy