LAWS REGARDING THE USE OF eBIKES
IMPORTANT OBSERVATION
Laws regarding the definition and use of ebikes varies from state to state, which is less the case for a bicycle. Before using an ebike check the laws in the state and municipality where you plan to use it. (For country and State info click here)
https://juliarose0.wixsite.com/chicagoland-ebikes/state-and-federal-electric-bicycle-law
Even though you may consider your chances to be low to be cited for an infraction, if you are involved in an accident that is not even your fault, expect to be cited and potentially liable for losses resulting for that infraction.
Even though you may consider your chances to be low to be cited for an infraction, if you are involved in an accident that is not even your fault, expect to be cited and potentially liable for losses resulting for that infraction.
Federal Role, Definition and Actions
At the federal level, a 2002 law enacted by Congress, HB 727, amended the Consumer Product Safety Commission definition of e-bikes. The law defined a low-speed electric bicycle as “A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.” The federal law permits e-bikes to be powered by the motor alone (a “throttle-assist” e-bike), or by a combination of motor and human power (a “pedal-assist” e-bike).
Significantly, the federal law only specifies the maximum speed that the e-bike can travel under motor power alone. It does not provide a maximum speed when the bicycle is being propelled by a combination of human and motor power, which is how e-bikes are predominantly ridden. The Consumer Product Safety Commission has clarified that the federal law does allow e-bikes to travel faster than 20 mph when using a combination of human and motor power.
This law distinguishes, at the federal level, e-bikes that can travel 20 mph or less under motor power alone from motorcycles, mopeds and motor vehicles. Devices that meet the federal definition of an electric bicycle are regulated by the Consumer Product Safety Commission and must meet bicycle safety standards. However, as a 2014 e-bike law primer notes, this federal law only applies to the e-bike’s product standards and
safety.
State traffic laws and vehicle codes remain the sole domain of states and state legislatures. In other words, the manufacturing and first sale of an e-bike is regulated by the federal government, but its operation on streets and bikeways lies within a state’s control. Thus, many states still have their own laws that categorize e-bikes with mopeds and other motorized vehicles, require licensure and registration, or do not enable them to be used on facilities such as bike lanes or multi-purpose trail.s
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State Legislative Scan
There has been a steady stream of legislative action at statehouses regarding e-bikes since 2015. State legislation has focused on three dynamics:
- Revising older state laws that classify e-bikes as mopeds and scooters and may include burdensome licensure, registration or equipment requirements;
- Creating three-tier classification systems for e-bikes depending on their speed capabilities; and
- Refining more recent e-bike laws that could benefit from further clarification and detail.
The District of Columbia and 33 states in some manner define an electric bicycle: Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Iowa, Kansas, Maryland, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin and Wyoming. All of these
states have different laws regarding their operation. See this page for TENNESSEE STATE LAWS regarding use of eBikes.
In the remaining states, electric bicycles lack a specific definition and may be included within another vehicle class such as “moped” or “motorized bicycle.”
In the remaining states, electric bicycles lack a specific definition and may be included within another vehicle class such as “moped” or “motorized bicycle.”
In Mississippi, there is no clear designation for an electric bicycle, but an attorney general opinion indicates that an electric bicycle would be considered a bicycle. While Kentucky also lacks a definition for e-bikes, the Department of Transportation passed an administrative regulation in 2015 that brought e-bikes within the scope of the state’s bicycle regulations.
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Three-Tiered E-Bike Classification System
Thirteen states (Arizona, Arkansas, California, Colorado, Connecticut, Idaho, Illinois, Michigan, Ohio, Tennessee, Utah, Washington and Wyoming) have created a three-tiered e-bike classification system intended to
differentiate between models with varying speed capabilities. These states have almost identical defining language for e-bikes, as well as similar safety and operation requirements:
Class 1A 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 mph.
Class 2
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 mph.
Class 3
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 28 mph and has a speedometer.
Any device outside of these definitions is not considered a low-speed electric bicycle that would be regulated as a bicycle.
The thirteen states with a three-tiered classification system do differ in terms of helmet requirements.
Connecticut has the strictest requirement, requiring operators and passengers for all classes of e-bikes to wear protective headgear.
California, Ohio and Tennessee require the operator and all passengers of a class three electric bicycle, regardless of age, to wear protective headgear.
Arkansas and Utah require operators and passengers of a class three e-bike under age 21 to wear protective headgear.
Colorado and Michigan require helmet use for those under age 18 operating or riding on a class three e-bike.
Arizona, Idaho, Illinois, Washington and Wyoming’s laws include no helmet requirements for any class of e-bike.
Connecticut has the strictest requirement, requiring operators and passengers for all classes of e-bikes to wear protective headgear.
California, Ohio and Tennessee require the operator and all passengers of a class three electric bicycle, regardless of age, to wear protective headgear.
Arkansas and Utah require operators and passengers of a class three e-bike under age 21 to wear protective headgear.
Colorado and Michigan require helmet use for those under age 18 operating or riding on a class three e-bike.
Arizona, Idaho, Illinois, Washington and Wyoming’s laws include no helmet requirements for any class of e-bike.
E-Bike Helmet Requirements in States with Three-Tier Classification System
Age restrictions
With regards to age restrictions to operate an e-bike, in California and Utah, an individual under the age of 16 may not operate a Class 3 electric bicycle.
In Michigan and Tennessee, the age limit is 14 to operate a class three e-bike, although in both states a passenger under the age of 14 is permitted to ride on an electric bicycle that is designed to carry passengers.
In Arkansas, Colorado, Connecticut, Illinois, Ohio and Washington, a class 3 low-speed electric bicycle may not be operated by a person under the age of 16. However, in Arkansas, Colorado, Connecticut, Illinois and Ohio a person under the age of 16 may ride as a passenger on a class 3 low-speed electric bicycle if that bicycle is designed to carry passengers.
Utah has further restrictions for operating any class of e-bike for younger age groups. Those under age 14 may not operate any electric bicycle with the electric motor engaged on any public property, highway, path, or sidewalk unless under the
supervision of the individual's parent or guardian. Additionally, those under age eight may not operate an electric bicycle with the electric motor engaged on any public property, highway, path, or sidewalk.
Arizona, Idaho and Wyoming have no age restrictions to operate an e-bike for any e-bike class.
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Registration, Licensure, and Insurance Requirements
Twelve of the thirteen states with a tiered-classification system exempt an e-bike from registration, licensure, and insurance requirements, another key way legislatures are differentiating between e-bikes and other motorized vehicles such as mopeds and scooters. However, Illinois’ law allows local authorities to regulate the operation of bicycles, low-speed electric bicycles, and low-speed gas bicycles, and require the registration and licensing of the same, as well as requiring a registration fee.
All thirteen states require an e-bike to be affixed with a label that states the classification number, top-assisted speed and motor wattage.
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E-Bike Licensing and Operation
Overall, 17 states require a license to operate an e-bike, typically because they still fall under the designation of another motorized vehicle classification with licensure and registration requirements and have not had a distinct e-bike law created. Utah and Vermont are examples of states that have recently eliminated e-bike licensure and registration requirements. Some states, including Oklahoma and Wisconsin, that define e-bikes in some manner still nonetheless require an operator’s license to operate an e-bike.
Of the 33 states that explicitly define e-bikes, some state laws, such as in Arizona, Georgia, Minnesota, Oklahoma, Utah and Washington, specifically allow e-bike operation on facilities such as bicycle paths or greenways, with the caveat that many carve out exceptions for localities to enact stricter operation regulations on such bike and pedestrian facilities.
Georgia’s law simply states “Electric assisted bicycles may be operated on bicycle paths.”
In Delaware, Florida, Iowa and Nebraska, electric bicycles are defined within the existing definition of a bicycle, therefore there is not a distinction when it comes to operation on trails. Vermont specifies that motor-assisted bicycles are governed as bicycles and have the same rights and duties applicable to bicyclists.
California and Tennessee’s laws only specifically disallow class 3 electric bicycle operation on a bicycle paths, but allow localities to opt-in and allow their use on such facilities. As noted above, their laws do allow localities to restrict the use of class 1 and 2 e-bikes on bike paths.
In Tennessee, electric bicycles are NOT permitted on sidewalks.
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In Tennessee, electric bicycles are NOT permitted on sidewalks.
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Conclusion
Assuming the continued robust growth of the e-bike industry, state legislatures will likely continue to grapple with
defining e-bikes, clarifying operation, safety and equipment standards and further distinguishing from motorized vehicles such as mopeds and scooters.
For further information on e-bike laws, research, news and industry updates, visit People for Bikes.
This document has been repeated under fair use provisions of copyright law from
http://www.ncsl.org/research/transportation/state-electric-bicycle-laws-a-legislative-primer.aspx - click to top
