Electric bicycle qualifying as vehicle?

[TedAZ]

I've been looking around many different sites and I think I've had my search criteria wrong but here's my question:

Hubby and I have only one vehicle, a converted cargo van that we still owe money on. He goes on regular trips without me, which is very much appreciated except that I'm left without any transportation. I'm disabled and don't have the endurance to pedal a bicycle (between 100°+ temps and hills. We are in a small town without taxis, Uber or Lyft, so the only way I could get any urgent medical care is calling an ambulance. Buying a new/used car is out of the question, between our crappy credit and the lack of funds for insurance, gas and maintenance costs. I have a driver's license, but am physically not able to drive unless it's an extreme emergency.

I would be able to ride a bike, either an electric fat tire one or an electric mobility scooter. I'm in New Mexico and there are no specific exemptions for bicycles, unlike Arizona.

Either way, with a scooter or an electric bicycle, it will come with a pretty penny (to the tune of $1-2K as I need fat tires + electric because of where I live. We get stuck on the sand in the desert on a regular basis.

The cost of either type of vehicle is immaterial as every penny of our income is exempt.

My question is, would the trustee make me sell it? I'd rather get a bicycle, but not to have it taken away. Even with an expensive bicycle, we would be well under the $$$ exemption limit for two vehicles.

Thanks!

[justbroke]

Whether or not the eBike (electric bike) is treated as a "motor vehicle" for purposes of any exemption will depend on 1.) the wording of the exemption, and 2.) how your State defines an electric bike. For example, Florida says that the exemption includes "debtor’s interest, not to exceed $1,000 in value, in a single motor vehicle as defined" in F.S. 320.01. Looking at F.S. 320.01 a motor vehicle "does not include ... bicycles, electric bicycles, swamp buggies, or mopeds."

So for Florida, an eBike is likely not a motor vehicle and could not be exempted by the exemption specifically for a motor vehicle. However, the eBike could be protected, somewhat, by either the wildcard exemption or the unlimited homestead exemption if the debtor did not use that exemption.

Now, having wrote that, if this is a mobility issue and a scooter is a medical device, I don't know if that is protected in Florida. It could possibly be protected under the Federal exemption scheme (as a medical device), but I can't say whether that would apply in Florida or Arizona.

So, bottom line, if you can cover it with a wildcard exemption, then you don't need to worry about whether or not it qualifies as a.) a motor vehicle, or b.) a medical device.