US State e-bike laws – Boss Power Bikes

US State e-bike laws

Posted by Huston Beene on

Alabama

Every bicycle with a motor attached is defined as a motor-driven cycle. The operation of a motor-driven cycle requires a class M driver license. Restricted class M driver licenses are available for those as young as 14 years of age.

Arizona

Under Arizona law, motorized electric bicycles and tricycles meeting the definition under the applicable statute are not subject to title, licensing, insurance, or registration requirements, and may be used upon any roadway authorized for use by conventional bicycles, including use in bike lanes integrated with motor vehicle roadways. Unless specifically prohibited, electric bicycles may be operated on multi-use trails designated for hiking, biking, equestrian, or other non-motorized usage, and upon paths designated for the exclusive use of bicycles. No operator's license is required, but anyone operating a bicycle on Arizona roads must carry proof of identity. A "motorized electric bicycle or tricycle" is legally defined as a bicycle or tricycle that is equipped with a helper motor that may be self-propelled, which is operated at speeds of less than twenty miles per hour. Electric bicycles operated at speeds of twenty miles an hour or more, but less than twenty-five miles per hour may be registered for legal use on the roadways as mopeds, and above twenty-five miles per hour as a registered moped with an 'M' endorsement on the operator's driving license. However, mopeds in Arizona are prohibited from using bike lanes on motor vehicle roadways. The Arizona statute governing motorized electric bicycles does not prohibit local jurisdictions from adopting an ordinance that further regulates or prohibits the operation of motorized electric bicycles or tricycles.

Arkansas

Arkansas does not define E-bikes. The following definition describes a combustion engine. E-bikes being electric do not have a cylinder capacity and thus this law is not technically applicable. The state defines a "Motorized bicycle" as "a bicycle with an automatic transmission and a motor of less than 50cc." Riders require either a certificate to operate a motorized bicycle, a motorcycle license, a motor-driven cycle license, or a license of class A, B, C or D. Certificates cannot be issued to riders under 10 years of age.

California

Electric Bicycles are defined by the California Vehicle Code.

New legislation became effective January 2016. The current regulations define an "electric bicycle", a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, separated into three classes:

A "class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. (2) A "class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. A "class 3 electric bicycle," or "speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, (no throttle) and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. Local government ordinances are allowed to permit or ban any class of electric bicycles on dedicated bicycle paths and trails, with Class 1 & 2 permitted, and Class 3 banned, by default.

Beginning January 1, 2017, manufacturers and distributors of electric bicycles will be required to apply a label that is permanently affixed, in a prominent location, to each electric bicycle, indicating its class. Should a user "tamper with or modify" an electric bicycle, changing the speed capability, they must replace the label indicating the classification.

Driver's licenses, registration, insurance and license plate requirements do not apply. An electric bicycle is not a motor vehicle. Drinking and driving laws apply. Additional laws or ordinances may apply to the use of electric bicycles by each city or county.

Colorado

Ebike definition in Colorado follows the HR 727 National Law: 20 mph (30 km/h) e-power and 750 W (1 hp) max, 2 or 3 wheels, pedals that work. Legal low-powered ebikes are allowed on roads and bike lanes,and prohibited from using their motors on bike and pedestrian paths, unless overridden by local ordinance. The city of Boulder is the first to have done so, banning ebikes over 400W from bike lanes. Bicycles and Ebikes are disallowed on certain highspeed highways and all Interstates unless signed as "Allowed" in certain rural Interstate stretches where the Interstate is the ONLY means of travel.

Connecticut

Section 14-1 of Connecticut state law classifies electric bicycles as "motor-driven cycles" if they have a seat height of not less than 26 inches and a motor which produces brake horsepower of 2 or less.

Motor-driven cycles may be operated on the roadway without registration, but the operator must have a driver's license. The cycle may not be operated on any sidewalk, limited access highway or turnpike. If the maximum speed of the cycle is less than the speed limit of the road, the cycle must operate in the right hand lane available for traffic or upon a usable shoulder on the right side of the road unless the operator is making a left turn.

District of Columbia

Electric-assist and other "motorized bicycles" do not need to be inspected, do not require a license, and do not require registration. The vehicle must meet all of the following criteria: a post mounted seat for each person it is designed to carry, two or three wheels which contact the ground, fully operative pedals, wheels at least 16 inches in diameter and a motor not capable of propelling the device at more than 20 mph on level ground. The driver does not need a license but must be at least 16 years old. DC law prohibits motorized bicycles from traveling anywhere on the sidewalk or in the bike lanes. DC Regulation 18-1201.18 provides: "Except as otherwise permitted for a motor vehicle, no person shall operate a motorized bicycle on any sidewalk or any off-street bike path or bicycle route within the District. This prohibition shall apply even though the motorized bicycle is being operated solely by human power." So, if cars are prohibited in a particular place, motor-assisted bikes are also prohibited.

Florida

Florida DMV Procedure RS-61 II. "(B.) Dirt bikes noted for off road use, motorized bicycles and Go-Peds are not registered."

Electric Helper-Motor Bicycles
If you are at least 16 years old, a person may ride a bicycle that is propelled by a combination of human power (pedals) and an electric helper-motor that cannot go faster than 20 mph on level ground without a driver license.

Motorized Bicycles and Motorized Scooters
Under Title 23, Chapter 316 of the code, bicycles and motorized bicycles are defined as follows: Bicycle—Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle. Motorized Scooter—Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground.

In addition to the statutory language, there are several judicial rulings on the subject.

Georgia

Georgia Code 40-1-1 Part 15.5

(15.5) "Electric assisted bicycle" means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor. For such a device to be considered an electric assisted bicycle, it shall meet the requirements of the Federal Motor Vehicle Safety Standards, as set forth in 49 C.F.R. Section 571, et seq., and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied. The electric motor in an electric assisted bicycle shall:

(A) Have a power output of not more than 1,000 watts;

(B) Be incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and

(C) Be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than 20 miles per hour.

Hawaii

A Federal agency, the Consumer Product Safety Commission (CPSC), has exclusive jurisdiction over electric bicycles as to consumer product regulations, but this does not change state regulation of the use of electric bicycles on streets and highways.

"Bicycle"] means every vehicle "propelled solely by human power" upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle. 

"Moped" means a device upon which a person may ride which is DOT Approved.

Under the statute, mopeds must be registered. To be registered under Hawaii law a moped must bear a certification label from the manufacturer stating that it complies with federal motor vehicle safety standards (FMVSS). A moped must also possess the following equipment approved by the D.O.T. under Chapter 91: approved braking, fuel, and exhaust system components; approved steering system and handlebars; wheel rims; fenders; a guard or protective covering for drive belts, chains and rotating components; seat or saddle; lamps and reflectors; equipment controls; speedometer; retracting support stand; horn; and identification markings.

Illinois

(625 ILCS 5/11‑1516)

Sec. 11‑1516. Low‑speed bicycles.

(a) A person may operate a low‑speed electric bicycle or low‑speed gas bicycle only if the person is at least 16 years of age.

(b) A person may not operate a low‑speed electric bicycle or low‑speed gas bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway.

(c) A person may not operate a low‑speed electric bicycle or low‑speed gas bicycle on a sidewalk.

(d) Except as otherwise provided in this Section, the provisions of this Article XV that apply to bicycles also apply to low‑speed electric bicycles and low‑speed gas bicycles.

(Source: P.A. 96‑125, eff. 1‑1‑10.)

A motorized pedal cycle requires a driver's license and is limited to 2 horsepower and 30 MPH over a 1-mile stretch.

Indiana

An ACT to amend the Indiana Code concerning motor vehicles.

Iowa

In 2006 a bill was passed that changed the definition of a bicycle to include a bicycle that has an electric motor of less than 1 hp (750 watts). The new definition, found in Iowa Code section 321.1(40)c states:

"Bicycle" means either of the following: (1) A device having two wheels and having at least one saddle or seat for the use of a rider which is propelled by human power. (2) A device having two or three wheels with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than 20 miles per hour.

Kentucky

Electric bicycle fits under the definition of "moped" under Kentucky law. You don't need tag or insurance, but you need a driver's license. "Moped" means either a motorized bicycle whose frame design may include one (1) or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have pedals rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour[96][97] Helmets are required.

Louisiana

Louisiana Revised Statute R.S. 32:1(41) defines a motorized bicycle as a pedal bicycle which may be propelled by human power or helper motor, or by both, with a motor rated no more than one and one-half brake horsepower, a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which produces a maximum design speed of no more than twenty-five miles per hour on a flat surface. Motorized bicycles falling within this definition must be registered and titled under Louisiana law. Additionally, a motorized bicycle operated upon Louisiana roadways or highways by a person fifteen years of age or older and producing more than five horsepower must possess a valid driver's license with a motorcycle endorsement and adhere to laws governing the operation of a motorcycle, including the wearing of approved eye protectors or a windshield and the wearing of a helmet. The statute also states that "Motorized bicycles such as pocket bikes and scooters that do not meet the requirements of this policy shall not be registered."

As R.S. 32:1(41) refers to motorized bicycles using "an automatic transmission" with helper motors rated in horsepower and cylinder capacity, not by watts or volts, the statute arguably does not cover bicycles powered by an electric motor(s), whether self-propelled or pedal-assist designs.

 

 

 

Maryland

Maryland defines an "electric bicycle" as a vehicle that (1) is designed to be operated by human power with the assistance of an electric motor, (2) is equipped with fully operable pedals, (3) has two or three wheels, (4) has a motor with a rating of 500 watts or less, (5) and is capable of a maximum speed of 20 miles per hour on a level surface when powered by the motor. (Senate Bill 379, approved by the Governor 5/5/2014, Chapter 294.)  This legislation excludes "electric bicycle" from the definition of "moped", "motorized minibike", and "motor vehicle", and removes the titling and insurance requirements required for electric bicycles under prior Maryland law.

Before September 20, 2014, Maryland law had classified an electric bicycle as a moped. Mopeds are specifically excluded from the definition of "motor vehicle" per § 11-135 of the Maryland Transportation Code. Mopeds may not be operated sidewalks, trails, roadways with posted speeds in excess of 50 mph, or limited-access highways.

Standard requirements for bicycle lighting, acceptable bicycle parking locations, and prohibitions on wearing earplugs or headsets over both ears apply.

Recent legislation has passed putting Maryland ebike laws in line with the popular class 1,2,3 systems previously implemented in states such as California. This legislation becomes effective October 2019. The most significant portion of this change is the increased max limit on power and speed. It will be increased from a max of 500w / 20mph to 750w / 28mph (assuming the ebike in question meets class 3 criteria)

Massachusetts

Massachusetts General Laws define three classes of motorized two-wheeled vehicles: MotorcycleMotorized bicycle, and Motorized scooter. Although the definition of motorized scooter includes two-wheeled vehicles propelled by electric motors with or without human power, motorized scooter specifically excludes anything which falls under the definitions of motorized bicycle and motorcycle. Motorized bicycle is a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour. Motorcycle includes any bicycle with a motor or driving wheel attached, with the exception of vehicles that fall under the specific definition of motorized bicycle. Thus, a pedal bicycle with an electric motor or a non-pedal bicycle with an electric motor, automatic transmission, and maximum speed of 30 miles an hour would fall under the definition of motorized bicycle. An electric bicycle that did not meet those restrictions would be either a motorized scooter or motorcycle, depending on specific characteristics.

A motorized bicycle shall not be operated by any person under sixteen years of age, nor at a speed in excess of twenty-five miles per hour, upon any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers, within the commonwealth. A motorized bicycle shall not be operated on any way by any person not possessing a valid driver's license or learner's permit. Every person operating a motorized bicycle upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this section, except that the motorized bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, and the motorized bicycle operator shall signal by either hand his intention to stop or turn. Motorized bicycles may be operated on bicycle lanes adjacent to the various ways but shall be excluded from off-street recreational bicycle paths. Every person operating a motorized bicycle or riding as a passenger on a motorized bicycle shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe, and no person operating a motorized bicycle shall permit any other person to ride a passenger on such motorized bicycle unless such passenger is wearing such protective headgear.

A response to an inquiry made to the Mass DOT/RMV indicates that Massachusetts does recognize the federal low speed electric bicycle Federal Law (15 U.S.C. § 2085) and interprets that to mean these ebikes do not require license or registration. However, some of the materials available on the RMV website do not distinguish between "Motorized Bicycle" and low power ebikes. One form, Bicycle Conversion to Motorized Bike, does document the exemption of low power ebikes.

Michigan

(Updated May 29, 2015)

If you are a moped operator, you must follow the same traffic rules as other motor vehicle operators. A moped is defined by law as a motor vehicle with two or three wheels that: •Has an engine that does not exceed 100 cc piston displacement •Does not have a gearshift •Has a top speed of 30 mph or less on a level surface

Vehicles exceeding any of the criteria above must be registered and titled as a motorcycle. Other types of vehicles, such as electric scooters, "pocket rockets" and mini-choppers, may fit the definition of a moped or a motorcycle, but cannot be registered by the Department of State if they lack the equipment required by law to legally drive on public roads.

Minnesota

Electric-assisted bicycles, also referred to as "e-bikes," are a subset of bicycles that are equipped with a small attached motor. To be classified as an "electric-assisted bicycle" in Minnesota, the bicycle must have a saddle and operable pedals, two or three wheels, and an electric motor of up to 1,000 watts, as well as meet certain federal motor vehicle safety standards. The motor must disengage during braking and have a maximum speed of 20 miles per hour (whether assisted by human power or not). Minn. Stat. §169.011, subd. 27.

Legislative changes in 2012 significantly altered the classification and regulatory structure for e-bikes. The general effect was to establish electric-assisted bicycles as a subset of bicycles and regulate e-bikes in roughly the same manner as bicycles instead of other motorized devices with two (or three) wheels. Laws 2012, ch. 287, art. 3, §§ 15-17, 21, 23-26, 30, 32-33, and 41. The 2012 Legislature also modified and clarified regulation of e-bikes on bike paths and trails. Laws 2012, ch. 287, art. 4, §§ 1-4, 20.

Following the 2012 change, electric-assisted bicycles are regulated similarly to other bicycles. Most of the same laws apply. Minn. Stat. § §169.011, subd. 27; 169.222.

The bicycle does not need to be registered, and a title is no longer necessary. Minn. Stat. §§ 168.012, subd. 2d;168A.03, subd. 1 clause (11)

A license plate is no longer required to be displayed on the rear. See Minn. Stat. § 169.79, subd. 3. It is not subject to motor vehicle sales tax (the general sales tax would instead be owed on e-bike purchases).

A driver's license or permit is not required. Unlike a non-powered bicycle, the minimum operator age is 15 years old. Minn. Stat. § 169.222, subd. 6a.

The device does not need to be insured. See Minn. Stat. § 65B.43, subds. 2, 13.

Electric-assisted bicycle operators must follow the same traffic laws as operators of motor vehicles (except those that by their nature would not be relevant). The bicycles may be operated two abreast. Operators must generally ride as close as is practical to the right-hand side of the road (exceptions include when overtaking another vehicle, preparing for a left turn, and to avoid unsafe conditions). The bicycle must be ridden within a single lane. Travel on the shoulder of a road must be in the same direction as the direction of adjacent traffic.

Some prohibitions also apply, such as carrying cargo that prevents keeping at least one hand on the handlebars or prevents proper use of brakes, riding no more than two abreast on a roadway or shoulder, and attaching the bicycle to another vehicle. Minn. Stat. § 169.222, subds. 3-5. The vehicles may be operated on a sidewalk except in a business district or when prohibited by a local unit of government and must yield to pedestrians on the sidewalk. Minn. Stat. § 169.223, subd. 3. By default, electric-assisted bicycles are allowed on road shoulders as well as on bicycle trails, bicycle paths, and bicycle lanes.

A local unit of government having jurisdiction over a road or bikeway (including the Department of Natural Resources in the case of state bike trails) is authorized to restrict e-bike use if: the use is not consistent with the safety or general welfare of others; or the restriction is necessary to meet the terms of any legal agreements concerning the land on which a bikeway has been established.

Electric-assisted bicycles can be parked on a sidewalk unless restricted by local government (although they cannot impede normal movement of pedestrians) and can be parked on streets where parking of other motor vehicles is allowed. Minn. Stat. § 169.222, subd. 9.

During nighttime operation, the bicycle must be equipped with a front headlamp, a rear-facing red reflector, and reflectors on the front and rear of pedals, and the bicycle or rider must have reflective surfaces on each side. Minn. Stat. §169.222, subd. 6. An electric-assisted bicycle can be equipped with a front-facing headlamp that emits a flashing white light, a rear-facing lamp that has a flashing red light, or both. The bicycle can carry studded tires designed for traction (such as in snowy or icy conditions).

Helmets are no longer required for e-bike use.

Mississippi

In Opinion No. 2007-00602 of the Attorney General, Jim Hood clarified that a "bicycle with a motor attached" does not satisfy the definition of "motor vehicle" under Section 63-3-103. He stated that it is up to the authority creating the bike lane to determine if a bicycle with a motor attached can be ridden in bike lanes. No specifications about the motor were made.

In Opinion No. 2011-00095 of the Attorney General, Jim Hood stated that an operator's license, helmet, safety insurance, title, registration, and safety inspection are all not required of bicycles with a motor attached.

Missouri

Electric bicycles appear to be considered as "motorized bicycles" under Missouri law. (307.180 RSMo).

The Missouri Department of Natural Resources has this policy for electric bicycle use on the Katy Trail, the state's longest trail partially funded with federal funds:

All motorized equipment is prohibited except official and emergency vehicles. Electrically assisted pedal-powered bicycles and tricycles (maximum speed of 20 mph) as well as electrically powered-mobility devices for persons with disabilities such as motorized wheelchairs and scooters are allowed.

Montana

(Updated March 14, 2019) As of April 21, 2015, mopeds have been reclassified as bicycles in Montana, thereby eliminating the need for a driver's license even on a moped.

Electric bicycles are considered as "bicycles" under Montana law as the law defines bicycles in a two part definition where the first part of the definition describes a conventional bicycle propelled solely by human power and the second part of the definition describes a bicycle equipped with an independent power source for propulsion in addition to foot pedals to permit muscular propulsion. (Montana Code 61-8-102).

61-8-102. (2)(b) "Bicycle" means:

(i) a vehicle propelled solely by human power upon which any person may ride and that has two tandem wheels and a seat height of more than 25 inches from the ground when the seat is raised to its highest position, except scooters and similar devices; or

(ii) a vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion, and an independent power source providing a maximum of 2 brake horsepower. If a combustion engine is used, the maximum piston or rotor displacement may not exceed 3.05 cubic inches, 50 centimeters, regardless of the number of chambers in the power source. The power source may not be capable of propelling the device, unassisted, at a speed exceeding 30 miles an hour, 48.28 kilometers an hour, on a level surface. The device must be equipped with a power drive system that functions directly or automatically only and does not require clutching or shifting by the operator after the drive system is engaged.

It should be noted that the definition as written does not define the power of the motor in Watts as is conventionally done for electric bicycles but rather in brake horsepower. Thus for an electric bicycle, motor kit, or electric bicycle motor that is not rated by the manufacture in brake horsepower but rather in Watts a conversion must be made in the units a conversion which is not given in the code of the law and thus the court will have to consider a factor of conversion that is not directly encoded in the law. Industry standard conversion for Watts to horsepower for electric motors is 1 horsepower = 746 watts. Acceptance of that conversion factor from industry, however, as interpretation of the law is subject to the process of the courts since it is not defined specifically in the law.

In addition the specific wording of the law may or may not prohibit the use of a "mid-drive" or "crank-drive" motor set-up where the motor drives the rear wheel of the bicycle through the existing chain drive of a bicycle that has multiple gears depending on several points of interpretation of the law. Specifically, the interpretation of the wording, "does not require clutching or shifting by the operator after the drive system is engaged". A "mid-drive" or "crank-drive" motor set-up on an electric bicycle does indeed allow the operator to change gears in the power drive system between the motor and the rear wheel of the bicycle. Whether or not such a mechanism which allows the operator to change gears satisfies the wording that requires the operator to change gears is a matter of legal interpretation by the courts. Just as "shall issue" and "may issue" (as in laws governing the issuing licenses) in application of the law have two different meanings (in the first case if you meet the requirements they have to give you the license and in the second they don't have to if they decide not to even if you meet the requirements for the license) whether or not "does not require shifting" outlaws electric bicycles where shifting is possible but is not necessarily required is a matter of interpretation. Thus, the legality of electric bicycles equipped with a "mid-drive" or "crank-drive" motor set-up in the U.S. state of Montana is not clearly defined.

Nebraska

Nebraska defines a Moped as "a bicycle with fully operative pedals for propulsion by human power, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters which produces no more than two brake horsepower and is capable of propelling the bicycle at a maximum design speed of no more than thirty miles per hour on level ground.

However, under a bill passed February 20, 2015 electric bicycles are explicitly defined.

Bicycle shall mean (1) every device propelled solely by human power, upon which any person may ride, and having two tandem wheels either of which is more than fourteen inches in diameter or (2) a device with two or three wheels, fully operative pedals for propulsion by human power, and an electric motor with a capacity not exceeding seven hundred fifty watts which produces no more than one brake horsepower and is capable of propelling the bicycle at a maximum design speed of no more than twenty miles per hour on level ground.

Nevada

As of May 19, 2009, Nevada amended its state transportation laws to explicitly permit electric bicycles to use any "trail or pedestrian walkway" intended for use with bicycles and constructed with federal funding, and otherwise generally permits electric bicycles to be operated in cases where a regular bicycle could be. An electric bicycle is defined as a two- or three-wheeled vehicle with fully operable pedals with an electric motor producing up to 1 gross brake horsepower and up to 750 watts final output, and with a maximum speed of up to 20 miles per hour on flat ground with a 170-pound rider when powered only by that engine.

New Jersey

As of May 14, 2019, a new vehicle class (“Low-speed electric bicycle”) was added to NJRS Title 39, described as “a two or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts, whose maximum speed on a paved level surface, when powered solely by a motor, while operated by a person weighing 170 pounds, is less than 20 miles per hour.” Additionally, the existing class of “motorized bicycles” has been expanded to include—in addition to gas-powered vehicles such as mopeds—electric bicycles that can achieve speeds between 20 mph and 28 mph. For these vehicles, a driver’s license and registration are still required.

Under previous regulations, all e-bikes were classified as motorized bicycles (mopeds) and required registration but could not actually be registered since the law was written only for gas-powered vehicles. The new legislation, which applies to both “pedal-assist” and “throttle” bicycles, removes e-bikes from that legal gray area.

New York

New York State (NYS) includes "motor-assisted bicycles" within its list of vehicles which cannot be registered. A Federal agency, the Consumer Product Safety Commission (CPSC), has exclusive jurisdiction over electric bicycles as to consumer product regulations.

Despite the illegal status in the state of New York, enforcement of this law varies at the local level. New York City enforces the bike ban with fines and vehicle confiscation for throttle activated electric bikes. However, Mayor Bill de Blasio has recently changed the city's official policy to legalize pedal-assist electric bikes that have a maximum speed limited to 20 mph. [113] Contrarily, Tompkins County supports electric bike usage, even providing grant money to fund electric bike share/rental projects.

Several bills have been sponsored to legalize electric bicycles for use on NYS roads, and several have overwhelmingly passed at the committee level, but none of these initiatives has been able to be heard and then passed in the New York State Senate, until 2015. The latest bill S3997, "An act to amend the vehicle and traffic law, in relation to the definition of electric assisted bicycle. Clarifying the vehicle and traffic law to define electric assisted bicycles; establish that electric assisted bicycles, as defined, are bicycles, not motor vehicles; and establish safety and operational criteria for their use." has passed in the Senate for the first time ever in 2015. The related Assembly bill A233 was not brought to a vote in the assembly even though it had passed with little issue in prior years.

The New York Bicycle Coalition has supported efforts to define electric bicycles in New York State, but has so far been unable to win Legislative passage. New York City has repeatedly drawn media attention for its enforcement of a ban on electric bicycles in certain neighborhoods, with fines of up to $3,000.

Ohio

The Ohio Revised Code 4511.01 distinguishes motorized bicycles and mopeds from motorcycles or scooters by describing them as "...any vehicle having either two tandem wheels or one wheel in the front and two wheels in the rear, that is capable of being pedaled and is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface." One brake horsepower converts to 0.75 kW, or (rounded) 750W. Thus, a bicycle with an electric helper motor operating under 750W, and not propelling the bicycle over 20 mph, does not qualify to be registered under Ohio state law. Local jurisdictions may have other regulations.

Oklahoma

Oklahoma defines an Electric-Assisted Bicycle in 47 O.S. 1-104  as "Two or three wheels; and Fully operative pedals for human propulsion and equipped with an electric motor with a power output not to exceed one thousand (1,000) watts, incapable of propelling the device at a speed of more than thirty (30) miles per hour on level ground, and incapable of further increasing the speed of the device when human power alone is used to propel the device at a speed of thirty (30) miles per hour or more. An electric-assisted bicycle shall meet the requirements of the Federal Motor Vehicle Safety Standards as set forth in federal regulations and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied."

Oklahoma the following restrictions on the operation of Electric-Assisted Bicycle in 47 O.S. 11-805.2  as follows: 1. Possess a Class A, B, C or D license, but shall be exempt from a motorcycle endorsement; 2. Not be subject to motor vehicle liability insurance requirements only as they pertain to the operation of electric-assisted bicycles; 3. Be authorized to operate an electric-assisted bicycle wherever bicycles are authorized to be operated; 4. Be prohibited from operating an electric-assisted bicycle wherever bicycles are prohibited from operating; and 5. Wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation Standards for protective headgear for use in bicycling, provided such operator is eighteen (18) years of age or less.

Oregon

Oregon Law (ORS 801.258]) defines an electric assisted bicycle as an electric motor-driven vehicle equipped with operable pedals, a seat or saddle for the rider, no more than three wheels in contact during travel. In addition, the vehicle must be equipped with an electric motor that is capable of applying a power output of no greater than 1,000 watts, and that is incapable of propelling the vehicle at a speed greater than 20 miles per hour on level ground.

In general, electric bicycles are considered "bicycles", rather than motor vehicles, for purposes of the code. This implies that all bicycle regulations apply to electric bicycles including operation in bike lanes. Exceptions to this include a restriction of operation on sidewalks and that a license or permit is required if the rider is younger than 17 years of age.

Pennsylvania

State law defines a motorized pedal cycle as a motor-driven cycle equipped with operable pedals, a motor rated at no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and a maximum design speed of no more than 25 miles per hour. Subchapter J of Publication 45 spells out the vehicle requirements in full.

As of 2008 a standard class C license, proof of insurance, and registration (annual fee: $9.00) are required for operation of any motorized pedal cycle in Pennsylvania. Additionally, there are strict equipment standards that must be met for operation, including: handlebars, brakes, tires/wheels, electrical systems/lighting, mirrors, speedometer, and horns/warning devices.

The definition was clearly written with gasoline-powered pedal cycles in mind. The requirement of an automatic transmission is troublesome for those who just want to add an electric-assist motor to a bicycle, for almost all bicycles have transmissions consisting of chains and manually shifted sprockets. The registration form asks for a VIN, making it difficult to register some foreign-made ebikes. The fine for riding an unregistered electric bike is approximately $160.00 per event as of 2007.

On February 4, 2014, SB997 was introduced by Senator Matt Smith, which seeks to amend PA Vehicle Code to include "Pedal cycle with Electric Assist". In a memo addressed to all senate members, Smith said the definition shall include "bicycles equipped with an electric motor not exceeding 750 watts, weighing not more than 100 pounds, are capable of a maximum speed of not more than 20 mph, and have operable pedals.

On October 22, 2014 PA house bill 573 passed into law, which is Act 154, which changes the definition of "pedal cycle" (bicycle) in the PA state vehicle code. "Pedal cycle" is now defined as a vehicle propelled solely by human-powered pedals or a "pedal cycle" (bicycle) with electric assist( a vehicle weighing not more than 100 pounds with two or three wheels more than 11 inches in diameter, manufactured or assembled with an electric motor rated no more than 750 watts and equipped with operational pedals and travels at speeds less than 20 mph). This bill allows the usage of pedal assisted bicycles in PA that follow the adopted state guidelines.

Tennessee

Electric Bicycles are defined in Tennessee Code Annotated 55-8-301 – 307 

This legislation passed in 2016 and defines an "electric bicycle", as a bicycle or tricycle equipped with fully operable pedals and an electric motor of less than 750 watts, separated into three classes:

(1)        A "class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

(2)        A "class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

(3)        A "class 3 electric bicycle," or "speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, (no throttle) and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.

Electric bicycles are governed by the same law as other bicycles, subject to any local restrictions. They may be operated on any part of a street or highway where bicycles are authorized to travel, including a bicycle lane or other portion of a roadway designated for exclusive use by bicyclists.

Class 1 and 2 electric bicycles are allowed on greenways and multi-use paths unless the local government bans their use by ordinance. Class 3 bikes are banned unless the local city council passes an ordinance to allow their use.

Beginning January 1, 2017, manufacturers and distributors of electric bicycles were required to apply a label that is permanently affixed, in a prominent location, to each electric bicycle, indicating its class.

Driver's licenses, registration, insurance and license plate requirements do not apply. An electric bicycle is not a motor vehicle. Drinking and driving laws apply. Additional laws or ordinances may apply to the use of electric bicycles by each city or county.

Texas

"Bicycles" and "Electric Bicycles" are legally defined in the Texas Transportation Code Title 7, Chapter 551 entitled "Operation of Bicycles, Mopeds, and Play Vehicles" in Subchapter A, B, C, and D. Under Chapter 541.201 (24), "Electric bicycle" means a bicycle that is (A) designed to be propelled by an electric motor, exclusively or in combination with the application of human power, (B) cannot attain a speed of more than 20 miles per hour without the application of human power, and (C) does not exceed a weight of 100 pounds. The department or a local authority may not prohibit the use of an electric bicycle on a highway that is used primarily by motor vehicles. The department or a local authority may prohibit the use of an electric bicycle on a highway used primarily by pedestrians.

"Medical Exemptions" are also a standard right in the State of Texas for motorcycles & even bicyclists. Through Texas's motorcycle helmet law (bicycle helmet laws from city ordinances), it is only required for those 21 years old or younger to wear a helmet. However, a medical exemption, written by a certified licensed medical physician or licensed chiropractor, which exempts one from wearing a helmet, can be used for bicyclists if helmets are required.

Utah

According to Utah Code 41-6a-102 (17) <https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S102.html?v=C41-6a-S102_2016051020160510> an electric assisted bicycle is equipped with an electric motor with a power output of not more than 750 watts and is not capable of further assistance at a speed of more than 20 MPH, or at 28 MPH while pedaling and using a speedometer. New laws specifically exclude electric pedal-assisted bicycles as "motorized vehicles" and bicycles are permitted on all state land (but not necessarily on Indian Reservations, nor restrictive municipalities, such as in Park City Code 10-1-4.5 2) if the motor is not more than 750 Watts, and the assistance shuts off at 20 mph (Utah Traffic Code 53-3-202-17-a 1). E-bikes sold in Utah are required to have a sticker that details the performance capacity. Children under 14 can operate an electric bicycle if accompanied by a parent/guardian, but children under 8 may not. (Utah code 41-6a-1115.5) No license, registration, or insurance is required by the State but some municipalities may require these measures (Salt Lake City and Provo require registration).

1 Utah Traffic Code https://le.utah.gov/xcode/Title41/Chapter6A/41-6a-S102.html?v=C41-6a-S102_2016051020160510 2 Park city, Utah Municipal Code https://parkcity.municipalcodeonline.com/book?type=ordinances#name=10_Motor_Vehicle

Vermont

"Motor-driven cycle" means any vehicle equipped with two or three wheels, a power source providing up to a maximum of two brake horsepower and having a maximum piston or rotor displacement of 50 cubic centimeters if a combustion engine is used, which will propel the vehicle, unassisted, at a speed not to exceed 30 miles per hour on a level road surface, which does not require clutching or shifting by the operator. The designation is a replacement for "scooter" and "moped; Vermont doesn't seem to have laws specifically for e-bikes.

Operators of motor-driven cycles are required to have a valid driver's license but not a motorcycle endorsement.

Virginia

"Electric power-assisted bicycle" means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than 1,000 watts that reduces the pedal effort required of the rider. For the purposes of Chapter 8 of this title, an electric power-assisted bicycle shall be a vehicle when operated on a highway.

Every person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or an animal or driving an animal on a highway shall be subject to the provisions of this chapter and shall have all of the rights and duties applicable to the driver of a vehicle, unless the context of the provision clearly indicates otherwise.

Washington

A law that came into effect on June 7, 2018 defines electric-assisted bicycles as a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor of no more than 750 watts. The law divides electric-assisted bicycles into three classes:

  • Class 1 — "an electric assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour";
  • Class 2 — "an electric assisted bicycle in which the motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour";
  • Class 3 — "an electric assisted bicycle in which the motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour and is equipped with a speedometer."

No driver’s license is required and there is no age restriction for operation of Class 1 and 2 e-bikes, but you must be at least 16 years old to use a Class 3 bike.

All classes of electric-assisted bicycles may be operated on a fully controlled limited access highway. Class 1 and 2 electric bicycles can be used on sidewalks, but Class 3 bicycles "may not be used on a sidewalk unless there is no alternative to travel over a sidewalk as part of a bicycle or pedestrian path. Generally a person may not operate an electric-assisted bicycle on a trail that is designated as non-motorized and that has a natural surface, unless otherwise authorized.

Since July 1, 2018, manufacturers or distributors offering new electric-assisted bicycles in Washington state must affix a permanent label in a prominent place on the bike containing the classification number, top assisted speed, and motor wattage of the bike.


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