New E-Bike Laws Could Be Coming to Your State — Here’s Why and What’s Changing

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In the last decade, e-bikes have gone from a novelty to the norm in many cities, and for good reason. “They are so useful, and they solve real problems for commuters, older riders, people hauling kids and people who just want to ride farther,” says bike law advocate Kurt Holzer.

But, as sidewalks and roads become more crowded, and people — especially youth — gravitate toward more powerful and faster models, injuries are on the rise. And that is causing a wave of swift reactions from state and local lawmakers.

For example, in July, Boise, Idaho, passed an emergency ordinance requiring high-power e-motorbikes to be licensed, registered and insured. “It’s a step, but there is more to come,” says Holzer. “We’ve had serious injuries and deaths in the Treasure Valley involving these devices, and the law needs to catch up with the technology and the tools.”

Here’s what to know about e-bike laws, where they’re headed and how they could affect you, whether you own an e-bike or just try to co-exist with them around town.

E-Bike Popularity Boom

While e-bikes date back to the 1800s, their modern-day renaissance started in the mid-2010s, when lithium battery technology and mid-drive motors helped make them more practical and affordable.

“The pandemic then poured gas on the fire, as people wanted to get outside and get around without a car,” says Holzer. “E-bike sales in the U.S. exploded from a few hundred thousand a year to well over a million, and now outsell electric cars in this country.”

The types of e-bike offerings also expanded, and now range from city cruisers and mountain bikes, to community rental bikes and high-powered e-motorcycles. And because this growth has happened so fast, in most places the rules and regulations are just starting to catch up.

Types of E-Bikes

While it varies by state, in general there are three classifications of e-bikes, all of which are limited to motors under 750 watts.

Class 1: gives pedal-assist up to 20 mph.
Class 2: has a throttle up to 20 mph.
Class 3: gives pedal-assist up to 28 mph.

However, another class is on the rise: e-motorcycles, a.k.a. high-performance e-bikes, e-motos, out-of-class vehicles or class 4 e-bikes. These often have more powerful motors, with some reaching 70 mph.

Why Laws Are Changing

Laws are changing mostly for pedestrian and rider safety, but also because there are concerns about whether e-bikes should be regulated as bicycles or motor vehicles when it comes to riding them on bike paths and sidewalks vs. city streets. Some of it also spills over into ancillary issues like licensing, parking, registration and insurance.

But, much of the urgency, including the emergency ordinance in Boise, isn’t targeted at what Holzer calls “legitimate e-bikes”— it’s aimed at e-motos. “The safety case is real,” he says. “A 60-pound machine doing 30 mph on a path full of walkers, dogs and kids is a genuine hazard.”

E-Bike Regulation

In 2002, e-bikes received their own legal federal category. To qualify for it, models must have assisted speeds under 20 mph. Other than that, e-bike laws are set at the state and local levels.

Common issues localities are addressing include age minimums, speed restrictions, motor size and battery safety. Another concern is which ones are considered bicycles, and which fall under motor-vehicle standards.

In some places, e-bikes are being banned from greenways and college campuses. Within the mountain biking community, there’s also a flashpoint debate as to whether e-bikes should be allowed on trails traditionally designed for pedal power.

In a related issue, regulators are pursuing apps and other devices that circumvent the 20-mph speed controllers on class 2 bikes.

E-Bike Safety

Because e-bikes go faster and weigh more than conventional bicycles, accidents tend to result in graver injuries to riders and pedestrians.

“At those speeds, they’re effectively more like mopeds than bicycles, and the existing infrastructure simply wasn’t designed to accommodate them alongside regular cyclists,” says Lee Birbing, an e-bike expert and founder of Love Velo.

Youth are especially prone to e-bike accidents and injuries. This has led some local governments to ban children under 12 from riding any class of e-bike. E-motos are particularly dangerous for teenagers, with a California study showing that they have nine times more accidents on them than people over age 20.

What the Future Holds

The influx of local and state laws aimed at regulating e-bikes will undoubtedly escalate, as lawmakers try to catch up with the relatively new trend of e-bikes and keep up with souped-up technologies. But Holzer believes that for riders on genuine class 1, 2 and 3 e-bikes, things should remain pretty straightforward.

However, life is likely to change more dramatically for e-moto riders, with regulations prohibiting younger age groups from riding them and laws classifying them as motor vehicles. Since many e-moto bikes are not designed to be street-legal, e-moto owners may have few places to ride them.

Conversely, there is growing concern about over-correction, where overly broad laws could limit access for people who rely on e-bikes, especially those who don’t own cars or lack access to public transportation. Some laws could also inadvertently make it harder for elderly riders, people with disabilities, parents with kids, delivery drivers, and those who ride courteously, regardless of their e-bike’s classification, to get around.

“Not all e-bike riders are the menace some people assume,” says Holzer. “The conflict is overwhelmingly about a small category of overpowered machines and a small share of riders. Otherwise, e-bikes are one of the best mobility tools we’ve invented. They reduce car trips, enhance mobility for seniors and give people who can’t afford a car real transportation.”

About the Experts

Kurt Holzer is a former Idaho representative for USA Cycling, a plaintiffs attorney at Hepworth Holzer, LLP, and a member of the BikeLaw national network of cycling attorneys. He was involved in the adoption of Boise, Idaho’s, 2009 bicycle statutes, and often speaks with the legislature on bicycle-related laws.
Lee Birbing is an e-biking expert and CEO and founder of Love Velo, a cycling holiday specialist sending 10,000+ cyclists abroad each year across 500+ self-guided and guided trips in Europe.