The Vague, Hotly Debated Legality of e-Bikes
Electric scooters and e-bikes are growing in popularity at an alarming rate. The term e-bike covers a wide variety of applications. In most cases, having a license, registration, or insurance isn’t legally mandated, so they are very accessible. Inexpensive to buy and free to park, they reduce congestion and offer convenient transportation in crowded urban centers where heavy traffic delays can cost time and money.
The Consumer Product Safety Commission (CPSC) has jurisdiction over “low-speed electric bicycles” at a federal level, while the Environmental Protection Agency (EPA) makes the rules regarding emissions and motor certification, however much of the legality over use, licensing, and registration comes down to the state and local municipal levels. Classification and interpretation vary, as do education and enforcement. There is much ambiguity on when, where, and how each of these vehicles can and should be ridden.
We have consolidated information below as it relates to the various defined modes of transportation, but you should research the laws in your area based on your age and the model you plan to purchase to ensure it will meet your needs and be within the lines of the law.
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Class Breakdown
- Class 1: Electric bicycle with Pedal Assist System (PAS) limited to 20 mph but no throttle.
- Class 2: Electric bicycle with PAS and a throttle with assistance limited to 20 mph.
- Class 3: Electric bicycle with PAS and a throttle with motor assistance limited to 28 mph.
- Class Undefined: Models that fall outside the classification system above.
- M-Class: Motorcycle powered by electric motor rather than gas-powered engine.
Electric Bicycle/Class 1–3
- Description: Traditional bicycles with pedals, including an electric Pedal Assist System (PAS). Class dictated by power output and maximum speed at which assist can be activated.
- Requirements and Use: No differentiation from a traditional bicycle.
Electric Moped/Scooter/Class Undefined
- Description: Step-through scooter with pedals (usable or not) and electric motor, speed limited.
- Requirements and Use: Restricted from sidewalks, pedestrian pathways, bike lanes, boardwalks, and with traffic; helmet required, registration and insurance recommended but not legally mandated in most cases.
Motorcycle-Style e-bike/Classless
- Description: Motorcycle-style bike, features pedals (usable or not), powered by electric motor.
- Requirements and Use: Some locations restrict power and speed limits. Cannot be ridden on pathways, sidewalks, bike lanes, or in traffic.
Electric Motorcycle/M-Class
- Description: Traditional motorcycle powered by electric motors rather than internal combustion engine.
- Requirements and Use: Electric motorcycles, such as those from manufacturers like LiveWire or Zero are subject to the same laws and regulations over licensing, registration, and use as a traditional internal combustion motorcycle.
Risks and Considerations
More than simply a legal consideration, the US Consumer Product Safety Commission, American College of Surgeons, National Electronic Injury Surveillance System, and countless other health organizations are raising concerns over the soaring number of emergency department visits due to e-bikes. Their speed and weight increase the severity of injuries sustained during a collision over that of a traditional bicycle.
Aftermarket modifications and upgrades are common across virtually every mode of transportation. This becomes challenging when it comes to e-bikes as they may cause the vehicle in question to no longer align with its original classification, such as removing pedals, safety equipment, or speed governors. Increasing the power output of an e-bike to elevate its speed limit doesn’t mean that it is then legal to ride like a registered and insured vehicle. Just because it can keep up with traffic on the road doesn’t mean it is legal to do so.
Legal uncertainty means enforcement may vary. You may receive moving violations or citations for not having proper documentation from one municipality or officer and not another. Despite not being legally mandated, liability insurance is advisable. Being involved in a collision that damages property or injures someone can be very costly.
General Guidelines
Just as you should on the roadway, sidewalk, or an airport movator (moving walkway), stay to the right except to pass. Regardless of the mode of transportation you have chosen, you should use sound judgment and common sense. Be considerate of pedestrians, be respectful of motorists, and don’t ride under the influence of alcohol or drugs.
Marketplace Inventory
Dustin Woods
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