Read this post if you’re thinking about making your own kid carrier, or are actively carrying passengers on the back of your Xtracycle.
I’ve been wanting to comment on this topic for a while. Here at Xtracycle World Headquarters, we’re privy to news flashes about your fantastic Xtracycle creations, be they bike-based barbecues, clever skateboard combos, or people portaging apparati. Clearly, Xtracycle offers up an amazing platform for portaging stuff and people; it’s a thrilling way to use your bike, to give of your boundless energy (it’s true, I’m on coffee cup number two), but it’s also serious business, from a safety and a legal standpoint. I want to share with you what I know to help you make sure that any kid carrier inventions up your sleeve comply with the law, which I think is designed to keep our kids safe and sound on two wheels.
State laws regulate the carrying of passengers on a bicycle. Local laws may also further regulate passenger carrying, and this message does not attempt to address those regulations. However, on the state level, it seems common that passengers are broken into two categories - those sub 40 lbs / sub 4 yrs old - and anyone over and above either of those thresholds. We’re talking babies + toddlers is one group, and everyone else in another. While I have not read every state law regarding this, but I’ve probably read twenty - I’m speaking generally here, and you should make sure you’re up to date in the laws in your area. Some examples are provided below.
Here’s what a few different state laws have to say about carrying kids:
California:
"If the passenger is four years of age or younger, or weighs 40 pounds or
less, the seat shall have adequate provision for retaining the
passenger in place and for protecting the passenger from the moving
parts of the bicycle."
Rhode Island goes further, requiring that any passenger carrier meets ASTM regulations (industry standard requiring third party testing) - note that Rhode Island also regulates children 6 years and younger, rather than the more common 4.
No bicycle shall be used to carry more persons at one time than the number for
which it is designed or equipped, except when transporting a child six (6)
years of age or younger in a rear-mounted bicycle carrier and/or trailer that
meets mandatory and various industry standard specifications as developed by
the American Society for Testing and Materials (ASTM).
And Ohio is a little less defined in their regulations:
ORC Section 4511.53 - Requires bike riders to only ride upon the “permanent and regular seat”
attached to the bike and prohibits a cyclist from carrying any other person on a bike except
upon a “firmly attached and regular seat.”
As far as big kids and adults go, the laws are generally a little more open ended:
Ohio says:
[State Law] Prohibits using a bike to “carry more persons at one time than the number for which it is designed and equipped”
New Hampshire:
II. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
And California:
No operator shall allow a person riding as a passenger, and no
person shall ride as a passenger, on a bicycle upon a highway other
than upon or astride a separate seat attached thereto.
What do we think about the legality of carrying people 40 lbs + or 4 yrs and older on an Xtracycle?
It seems that state laws generally require a separate seat for which the bike was designed and equipped (generally for folks 4 yrs or 40 lbs or more, with exception). We believe it is safe to argue that the Xtracycle provides such a seat, and that this case is made stronger yet by the presence of devices like Footsies, The Magic Carpet and Stoker Bar. In many ways, this combination of foot rests, seat pad, and handlebar mimics the experience of a child riding on their own bike, or on a trail-a-bike. Of course, your child may be much less engaged without being responsible for balancing themselves or pedaling, so there remains a concern for us about saying that this solution is fully safe. You can acheive further security by using Whatchamacollars to secure your V-racks to your Xtracycle, and making sure your FreeLoaders are properly strapped to the FreeRad frame.
All that said, Xtracycle will facilitate the process, and make products that you can trust to be safe, but the ultimate decision to roll “family style” is one that should not be taken lightly. Understand the risks, stay in compliance with the laws, stay visible and off of busy streets whenever possible, and be positive and confident! As a parent of a soon to be two year old (okay, third cup of coffee now) who rides daily on a prototype bike seat solution for the Xtracycle, I am actively engaging these questions. Some days I’m just plain scared to put her and my well-being at risk on the roads - those days we walk, take the bus, or drive. Other days, I find that it’s all I can do to not just keep riding with her up into the Berkeley hills, freeing myself from the regular grid of streets and stop signs.
We are the early adopters, the freedom fighters, the risk takers. I’ve had a few people stop me on the road to lecture me on how unsafe it was to put a kid on a bike (granted my daughter was 6 months), but I’ve had far more reveal a smile of admiration and inspriation from the confines of their car. I’m inclined to trust that we are ultimately adding goodness to the world by getting around safely, as families, by bike.
We support you in finding solutions that inspire you, and liberate you from your car. We also need to weigh in and say that there are established conventions, safety standards, and practices you must follow. We do not claim to be experts in this arena yet, and we entreat you to contribute your knowledge in comments to this post, in emails to us, and within your communities. We are engaging these questions too, eagerly hoping to release a dedicated little-kid/toddler kid seat that’s Xtracycle compatible and darn safe in the coming months. I will keep you posted as this product evolves.
Yours very truly,
Nate Byerley, president
Xtracycle Inc.
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