By

Patrick Davis

E-bike users may be on their way to riding on Open Space trails — legally.

At the June 12 Land Use Planning and Zoning Committee meeting, committee members passed an ordinance that proposes allowing all types of e-bikes on unpaved and paved Open Space trails, with regulations. 

The ordinance is now headed to the Albuquerque City Council and is scheduled to be discussed during the council’s Aug. 5 meeting. 

State law currently only allows class one e-bikes on paths where traditional bikes are permitted, but it is up to local municipalities to determine the rules for class two and three e-bikes. The legislation — sponsored by Councilor Louie Sanchez and Committee Chair and Councilor Brook Bassan — attempts to do just that. 

“It’s illegal in the state of New Mexico until we pass this ordinance, which is what our goal is to make this legal for riders,” Bassan said. “Right now, pretty much everyone is riding whatever kind of bicycle, wherever, however and a lot of them probably don’t even know they’re riding illegally, so it’s already happening. I don’t want to criminalize people for doing something that is enjoying our environment.” 

According to the ordinance, a class one e-bike motor operates only when the rider is pedaling but the motor will stop assisting the rider at 20 mph. Class two e-bike motors operate regardless of pedaling but will also stop at 20 mph. The class three e-bike motor will operate when the rider is pedaling but will stop at 28 mph. 

Along with all class e-bikes, the proposal would allow electric-powered micromobility devices on Open Space trails. These devices include mobility scooters, balancing boards and skates. 

The ordinance states that devices must run on less than 750 watts of power. It also states that approved devices will only be allowed in the city’s Open Space lands that permit bicycles, “unless prohibited through a posted sign or an online map” and must not exceed 20 mph. 

Parks and Recreation Department Director Dave Simon said the department worked with the committee on the ordinance and he feels confident it is a workable approach to managing e-bikes on paved and unpaved trails. He said it comes down to people following correct trail etiquette and being smart about how they ride. 

“People need to understand their responsibilities on trails and ride safely and be aware of, and respect, other people,” Simon said. “The department will have the authority to set a lower speed which would be very appropriate in some places, for example, where people are coming onto trails like a trailhead. Or if we decide that it’s better that e-bikes shouldn’t be on a trail at all and just pedestrians and we might want to separate bikes and pedestrians, we can do that.”

Duane Kinsley said as the owner of Sports Systems, he represents different communities including bikers, runners, hikers and walkers. 

“There’s a lot of misconceptions about what this might do to those spaces,” Kinsley said. “I have a lot of experience with new sports being introduced to venues. I am advocating for no bans [on e-bikes] but to increase the capacity in different ways to make it safer for all users.”

While multiple residents shared their support for the ordinance, others expressed their opposition because of safety concerns. 

“The ordinance as written does not address pedestrian safety, nor does it include any teeth in its enforcement provisions,” Ruth Pregenzer, a concerned Open Space user, said. “I urge you to open this ordinance up for broad public comment by all Open Space users and the careful analysis of the Open Space division before the trails are open to e-bike use.”

How to participate: 

WHEN: 5 p.m. Aug. 5

WHERE: Vincent E. Griego Chambers in the Albuquerque Government Center, 1 Civic Plaza NW

VIRTUAL: GOV-TV or on the city’s YouTube channel

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