Are you bothered by the increasing presence of e-bikes on the trails in our OC wilderness parks? Their presence is illegal. But the OC Parks Commission is under pressure to amend the regulations governing our wilderness parks that would permit e-bike use (ultimately subject to action by the OC Board of Supervisors). At this point, more public testimony is needed, and I’m asking you to weigh in.
The OC Parks Commission will hold its next meeting on Thursday, March 4 at 7:00 pm. Public comment on matters involvig the parks is invited; go to https://www.ocparks.com/about/commission/agenda and follow the instructions. Or communicate via email to ocparkscommission@ocparks.com. If using email, be sure to identify yourself and the nature of your interest in the parks (e.g., as a hiker, biker, birder, environmentalist, etc.)
The issues at stake fall into two broad categories: habitat protection and public safety. Our wilderness and open space areas are subject to restrictions established by NCCP/HCP (Natural Community Conservation Plan/Habitat Conservation Plan).* Briefly and basically, this gives the preservation of habitat and protection of designated species top priority. Limited recreational use is permitted, so long as it doesn’t interfere with these priorities—and if it does interfere, it can be stopped, either temporarily or permanently. Under this rubric, e-bikes are considered unauthorized motorized vehicles and are barred from wilderness trails. This position was confirmed in a joint letter from USFW and CDFW (US /Fish and Wildlife Service/California Dep’t of Fish and Wildlife) to the city of Irvine in July 2019 regarding e-bike access. This letter further stated that “because e-bikes are not solely designed for individuals [with] mobility impairments and are unsuitable for indoor use, they do not qualify for a use exception [under the Americans with Disabilities Act] in locations where motor vehicles are otherwise prohibited.”
Although this might seem to offer sufficiently clear guidance, e-bike proponents continue to invoke the ADA as well as two other sources of possible support. The first is AB1096, which in 2015 modified the California Vehicle Code to distinguish e-bikes from motorcycles, with the result that e-bikes are now subject to the same regulations as non-motorized bicycles, “unless otherwise restricted by local ordinance.” The OCPC and our Board of Supervisors subsequently amended a county ordinance in 2018 to allow e-bikes on certain paved, off-road bikeways in the county. Wilderness trail use was unchanged. A second possible source of e-bike support is Order 3376, issued by the Department of the Interior in August 2019, which aimed at allowing e-bike recreational use on federal lands. In the event, both the NFS and BLM did authorize their use on paved roads but continued to bar them from wilderness areas and backcountry trails. It may also be noted that this occurred during the previous Administration, and it seems unlikely that the DOI under President Biden will continue to pursue similar policies.
The issue of trail safety is more amorphous, but several observations can be made. E-bikes can easily travel at speeds over 10 mph, which remains the speed limit in all OC parks. Weighing on average between 35 and 70 pounds (more for cargo bikes), e-bikes are substantially heavier than non-motorized bicycles. This combination of weight plus speed could be severely damaging, if not deadly, in a surprise encounter between an e-bike and a walker/hiker/conventional biker (let alone the occasional horse!) on a narrow track. (And, as a sidebar, heavier bikes will cause more trail erosion, reqiring more trail repair.) As our wilderness trails already see increased use by both hikers and non-motorized bikers, would opening them to e-bike users lead to greatly increased risks? In addition, most e-bikes use rechargeable lithium-ion batteries, which can pose catastrophic fire hazard if they fail. Though these incidents are rare, they are the reason that airlines do not allow lithium batteries to be carried in checked luggage. Do we really want them in our often tinder-dry wilderness?
In the interest of full disclosure, I love the potential of e-bikes to get us away from our fossil vehicles as we transition to a non-carbon, sustainable future. They seem ideal for commutes, shopping trips and errand runs. Heck, if I were going to take a trip by bicycle—people do—it would have to be an e-bike. (Fact: I used to ride a moped, and it was fun!) But I just can’t see them on-trail in a wilderness park, even as I grow older and find it increasingly challenging to haul my own body up certain inclines. There are lots of places where they can go (and where I can still get to and enjoy!), and if neither of us can go quite everywhere, that is just how it is—and pretty much ok.
If you agree that e-bikes should continue to be barred from wilderness trails, please let the OC Parks Commission know your views.
- Helen Maurer
*This and other specific information comes from the documents at https://www.ocparks.com/civicax/filebank/blobdload.aspx?BlobID=109009