45-Day Notice: Proposed Off-Road Vehicle Rule Change, Electric Bicycle Regulation and Other Noted Changes

AT THE SEPTEMBER 17 SPECIAL BOARD MEETING, THE NEW RULE CONCERNING E-BIKE USAGE WAS ADOPTED.

BACKGROUND

The adopted changes aim to address:

• Ambiguity of the previous rule language: Due to changes to state motor vehicle regulations and advances in bicycle technology, many members believed the existing rule was ambiguous regarding e-bikes. Daily staff interaction, feedback with members and guests on the trail and observation of e-bike usage attested to the apparent ambiguity.
• Modern terminology: The existing rule was adopted in 1997 and had not been updated in nearly 25 years to adjust to modern terminology of off-road and motorized vehicles, including but not limited to the growing trend of e-bikes.
• Changing needs of the membership: Through the e-bike regulation member outreach process this year, themes of changing member needs and member experience when using the trail system were evident. This rule change is one piece of the management plan to improve and sustain the trail system and user experience.

Beginning in the fall of 2020, staff reported to the Board of Directors on the Off-Road Vehicle Rule as it relates to e-bike regulation. The previous rule was neither tenable nor desirable because its language was ambiguous and the rule itself was out of sync with evolving bicycle technology and changing trail use. Additionally, the existing rule was a challenge to enforce because it was neither widely understood nor fully accepted as reasonable. In sum, the Off-Road Vehicle Rule language became a barrier to management’s ability to responsively address issues relating to advances in bicycling technology and evolving recreational demands.

Staff’s opinion was that the rule should be evaluated and addressed prior to both the 2021 summer season and the completion and adoption of the Open Space and Trails Master Plan (a 2021 and 2022 Work Plan objective).

At the November 2020 Board meeting, management presented a formal and transparent process to review and evaluate e-bike use and regulation. This process included a robust outreach plan to engage the membership and obtain meaningful information to assist in the evaluation and decision-making process. Any rule change recommendation would be expected to be widely accepted, sensible, sustainable and built on an informed foundation.

With the Board’s support, staff implemented the plan starting with an information campaign launched at the beginning of the year, followed by member outreach through forums, member comment forms and a survey. Management reported on the outreach process and touched on themes staff were seeing at the February 2021 Board meeting.

At the March 2021 Board meeting, staff presented their findings, which included a process summary, an e-bike regulation review and evaluation, a literature review, completed benchmarking, member survey results, themes from the forums and other relevant research. Staff also presented a spectrum of options for e-bike regulation at Tahoe Donner:

• Enhance the existing rule
• Amend the rule to allow for adaptive management
• Allow full access for e-bikes on all trails

The Board’s feedback generally favored an adaptive approach to e-bike regulation, which would allow staff the flexibility to actively manage the trail system as use evolves. The Board supported staff drafting a rule to permit adaptive management of Class 1 e-bikes while excluding Class 2 and Class 3 e-bikes from the trail system.

For background on the existing rule and other important information on the e-bike regulation evaluation process, click here.

In March of 2021, the Board directed staff to prepare rule change language while taking into consideration member outreach and Board of Directors’ feedback. Over the last several months, staff worked on various iterations of the draft rule with legal counsel and interested Trails and Open Space Subcommittee members. The result is the adopted changes to the Off-Road Vehicle Rule herein.