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Introduction
The past few years have seen a marked increase in the number of electric bicycles (or “e-bikes”) in the U.S.
This primer deals specifically with low speed electric bicycles as defined by the Consumer Product Safety Commission. E-bikes are most frequently “pedal-assist” or “muscle-assist,” meaning the rider must be pedaling for the electric motor to engage. E-bikes may also come equipped with a throttle that allows the bike to be propelled without pedaling.
The bicycle’s low-speed electric motor provides a boost of power to climb hills, extend the range of trips where a bicycle can be used, allow current bicycle users to bike more often and farther, provide a new recreation option for people who want to bike and in general, extend the range of any ride.
Low-speed e-bikes are as safe and sturdy as traditional bicycles, and move at speeds similar to conventional bikes. E-bikes are emissions-free, low impact and operate silently. E-bikes vary widely in terms of shape and size, but the different types closely align with those of regular bicycles. E-bikes resemble traditional bicycles in both appearance and operation, and do not function similarly to mopeds, scooters and other motorized vehicles.
A 2014 bicycle industry analysis estimated that about 200,000 e-bikes would be sold in the U.S. that year, a number that is growing significantly each year. While the Asian and European e-bike markets are more robust, industry advocates hope to continue to expand U.S. e-bike sales. In the U.S., e-bikes have seen the largest sales increase of any bike type, growing by more than 100 percent in dollars and more than 70 percent in units since 2014. Most major U.S. bicycle brands sell e-bikes, and bicycle manufacturers have moved or are positioning themselves to move to the U.S. to capitalize on the growing market.
Electric bicycles cost on average $2,000 - $3,000, versus a $1,000 average investment for a mid-range traditional commuter bicycle. An investment in an electric bicycle is appealing to those who are looking to replace short trips typically made by car, therefore the investment can be justified if the buyer factors in the reduced cost of car maintenance and fuel.
Reasons for purchasing an e-bike vary, with some looking for a cheap commuting mode and others looking for a less physically demanding bicycle option or help bicycling through hilly areas. E-bikes may also provide a more attractive and feasible choice to take short trips. According to U.S. Department of Transportation survey data, half of all trips in the U.S. are three miles or less in length, a distance widely regarded as bikeable for most adults and even more feasible for electric bicycle riders. Seventy-two percent of those trips are currently made by cars, and fewer than 2 percent by bicycle. E-bikes also provide a new transportation and recreation option for people with disabilities and those with physical limitations.
E-bikes have even been embraced by the nation’s rapidly expanding bike-share systems. In 2011, the University of Tennessee-Knoxville launched the country’s first electric bicycle sharing system, with two bike-share stations on their campus. In 2015, Birmingham, Ala., unveiled a citywide bike-share system with 100 e-bikes in the fleet of 400 bikes, in the hopes the program will attract more novice riders. With the aid of private funds, Utah has unveiled a small electric bike-share system at their State Capitol complex. The city of Seattle is looking to install 1,200 e-bikes at 100 stations that would be wired into the city’s power grid and eventually linked to the public transportation system. Richmond, Va., will be unveiling an electric bicycle sharing system soon.
State legislatures have begun to grapple with how to differentiate and define e-bikes and regulate their operation and equipment standards on roadways and trails in their respective states. One challenge is the distinction between other motorized vehicles such as scooters and mopeds, and the burgeoning market and interest in e-bikes as a cost-effective and environmentally friendly transportation option.
Electronic Bicycle
An e-bike that meets the federal definition of an electric bicycle and is subject to product safety standards for bicycles.
Electric Scooter
An electric scooter that does not meet the federal definition of an e-bike and is regulated as a motor vehicle.
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 trails.
State Legislative Scan
There has been a steady stream of legislative action at statehouses regarding e-bikes, particularly in the past three years. In the 2015 and 2016 legislative sessions, seven states—California, Maine, Nebraska, North Carolina, Tennessee, Utah and Vermont—have enacted e-bike legislation. State legislation has focused on two dynamics:
- Revising older state laws that classify e-bikes as mopeds and scooters and may include burdensome licensure, registration or equipment requirements; and
- Refining more recent e-bike laws that could benefit from further clarification and detail.
The District of Columbia and 27 states in some manner define an electric bicycle: Arizona, California, Colorado, Delaware, Florida, Georgia, Illinois, Iowa, Kansas, Maryland, Minnesota, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington and Wisconsin. All of these states have different laws regarding their operation. 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.
States that Define an Electric Bicycle
2016 E-Bike Legislative Action
In 2016, four states (North Carolina, Tennessee, Utah and Vermont) enacted legislation concerning e-bikes.
- Tennessee enacted SB 1705, defining a ”electric bicycle” to mean “a device upon which any person may ride, that is equipped with two or three wheels, any of which is more than twenty inches in diameter, fully operable pedals for human propulsion and an electric motor of less than 750 watts.”
- UT SB 121 included “electric assisted bicycles” under bicycles and clarified that they do not qualify as mopeds, motor assisted scooters and other similar devices.
- Tennessee and Utah both joined California as the only three states with a three-tiered classification system for e-bikes.
- North Carolina enacted HB 959 in 2016, creating the classification of “Electric Assisted Bicycle” and defining it as “a bicycle with two or three wheels that is equipped with a seat or saddle for use by the rider, fully operable pedals for human propulsion, and an electric motor of no more than 750 watts, whose maximum speed on a level surface when powered solely by such a motor is no greater than 20 miles per hour.”
- Vermont HB 876 defined a “motor-assisted bicycle” as a bicycle or tricycle with pedals and motor with output of not more than 1,000 watts and a top speed of 20 mph for a 170-pound person. The new law specifies that they are governed as bicycles and subject to the same rights and duties of bicyclists. Operation on sidewalks is prohibited and no one under the age of 16 may operate a motor-assisted bicycle on a highway. Motor-assisted bicycles and their operators are exempt from motor vehicle registration and inspection and license requirements.
Two states, New York and Hawaii, considered, but did not enact, e-bike related legislation in 2015 or 2016.
Three-Tiered E-Bike Classification System
Three states (California, Tennessee and Utah) have created a three-tiered e-bike classification system intended to differentiate between models with varying speed capabilities. California, Tennessee and Utah’s classification system all include almost exactly the same defining language, as well as similar safety and operation requirements:
| Class 1 electric bicycle |
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. |
| Class 2 electric bicycle |
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.
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| Class 3 electric bicycle |
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 miles per hour, and is equipped with a speedometer. |
Any device outside of these definitions is not considered a low-speed electric bicycle that would be regulated as a bicycle.
Helmet and Age Requirements
The three states with a three-tiered classification system do differ slightly in terms of helmet and age requirements. California and Tennessee require the operator and all passengers of a class three electric bicycle, regardless of age, to wear protective headgear, while Utah requires only a rider under age 21 to wear protective headgear.
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; the age limit is 14 in Tennessee. In Utah, 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, in Utah those under age eight may not operate an electric bicycle with the electric motor engaged on any public property, highway, path, or sidewalk.
Registration, Licensure, and Insurance Requirements
All three states 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. All three states require an e-bike to be affixed with a label that states the classification number, top-assisted speed and motor wattage.
Operation on Bike Lanes and Paths
California and Tennessee both have similar laws with regards to e-bike operation on bike and pedestrian facilities. Both states permit electric bicycles to be used to the same extent as bicycles on roadways and on-street facilities such as bike lanes. Class 1 and 2 e-bikes may also be used on multi-use paths or trails subject to local regulation. However, Class 3 e-bike operation on facilities such as paths, trails, or greenways is prohibited unless the municipality or county with jurisdiction authorizes such operation by passing an ordinance. However, if such a facility is within or adjacent to a roadway, a Class 3 e-bike may be operated in both states in that case.
Utah’s law does not have a separate facility standard for Class 3 e-bikes. Their law instead gives flexibility to localities and the state to restrict or regulate operation of any class of e-bike “on a sidewalk, path, or trail within the jurisdiction of the local authority or state agency.”
E-Bike Licensing and Operation
Overall, 23 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.
E-bike Safety Research
When faced with an e-bike bill, legislators and stakeholders by and large first question the safety, speed and allowed areas of operation for an e-bike. As part of a 2015 survey of Americans regarding their opinions about e-bikes, 72 percent of respondents stated their top concern was safety. With respect to speed, the research is mixed and somewhat inconclusive thus far with regards to the typical speed of e-bikes and how much that differs from traditional bicycles.
One study from Sweden found average travel speeds for e-bikes to be over 5 miles per hour faster than for traditional bicycles (14 mph versus 8.7 mph). However, a study of the University of Tennessee-Knoxville’s e-bike sharing system did not find much difference in the average travel speeds and the average top speeds for e-bikes versus traditional bikes and stated in its finding that “With few exceptions, riders of e-bike behave very similarly to riders of bicycles.” A 2016 study examining the relative probability of an e-bike versus a conventional bike to be involved in a traffic conflict did note that there was a higher risk of conflict at an intersection for e-bikes, because of higher speeds approaching an intersection. Otherwise the study found little or no difference with regards to risk or actual conflicts.
Cultural norms, law enforcement of speed limits, physical infrastructure and other factors all likely play a role in bicycling speeds and other bicycling operation decisions made by conventional traditional bikes and e-bikes and it is clear further research is needed.
Local Control of E-bike Operation
Of the 27 states that explicitly define e-bikes, 11 states (Arizona, California, Colorado, Minnesota, Tennessee, Texas, Utah, Virginia, Vermont, Washington and Wisconsin) give some flexibility to municipalities, counties and state agencies to determine if an e-bike can be operated upon roadways, trails and paths in their jurisdictions. This includes the three states mentioned above that now provide specific powers for local authorities to regulate different classes of e-bikes.
Some states allow e-bike operation with an option for localities to enact stricter regulations, such as in Minnesota and Virginia. A fairly typical example is Vermont’s new law, which gives latitude to municipalities to regulate motor-assisted bicycles as long as the regulations do not conflict with anything in the law.
Arizona’s law allows a locality to regulate motorized electric bicycles in their jurisdictions, but does not allow the adoption of an ordinance that requires registration and licensing of motorized electric bicycles.
Advocates of progressive e-bike laws consider the three classes of e-bikes to help local agencies govern the use of e-bikes as it is appropriate on the local level.
E-bike Operation on Multi-Use Paths
Of the 27 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.
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.