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View Full Version : Does Federal law apply when state doesn't have one


Spike Jones
07-15-2009, 04:09 PM
First off, I wasn't sure where to put this, so if it's in the wrong area please don't blast me for it.

NOW, on to the question......

If a state doesn't have a specific law yet, but there's already a federal law on the books that covers it, does the federal law automatically take effect in that state?

The state I live in hasn't passed a law yet (after more than 3 years of it going through the state gov. !) on electric bicycles.

There's a FEDERAL LAW though -
www govtrack us/congress/bill xpd?bill=h107-727

H.R. 727: 107th Congress

To amend the Consumer Product Safety Act to provide that low-speed electric bicycles are consumer products subject to such Act.

This bill was created in the 107th Congress, in 2001-2002.

.
Last Action: Dec 4, 2002: Became Public Law No: 107-319.

This bill became law. It was signed by George Bush.

Spike Jones
07-16-2009, 08:01 PM
Ok, get this. Emailed the state DOT, & THIS is what they replied AFTER I sent them a copy of the federal law:

"We are currently supporting a change to state statutes to bring the statutes in alignment with the regulatory language provided by CPSC. After talking with DOT General Counsel, the electric bicycles are covered by existing state laws on motorized bicycles and mopeds. "

How can they deliberately ignore Federal law like that,and could they get in any kind of trouble for it?