Your Guide to Understanding the E-Bike Industry
Where it started and the current state of e-bikes in North America.
Introduction
The newest evolution to the cycling industry has taken notes from Benjamin Franklin as electric bicycles are beginning to eclipse the traditional cycling industry and aren’t going anywhere. If you are in the market for a fun, fast, more environmentally friendly way to get around, consider an electric bike.
However, before you rush out to buy an e-bike, make sure you review the local, state and federal laws that regulate these motorized bikes. As cycling’s fastest-growing industry, e-bike laws and regulations have not kept pace with the $15.4 billion dollar market, as reported by Mordor Intelligence. Many states have been proactive in passing laws to allow for open use of e-bikes, but there is still a long way to go.
People for Bikes is a leading member in the fight for progressive electric bike regulation. Their team works to lobby Governors and pass laws across the country to promote the use of e-bikes. They have been crucial in securing legislation across nearly half of US states for the use of e-bikes, classifying them as regular bicycles under state law.
Federal Classification and Definition
The federal government passed a 2002 law, defining the parameters of e-bike specifications. This law regulates the motor size, top speeds, and propulsion methods of e-bikes. The 2002 law defined electric bicycles 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.”
This classification of e-bikes is important in structuring local and state laws around the usage of e-bikes with respect to traffic laws, pedestrian usage, and public access.
Classification System
Of all US states, 26 have adopted the three-class e-bike system. These three classes divide the e-bike market into three distinct categories, based on motor function. The specific class dictates where and how e-bikes can be used, reported by NCSL.
Class 1 - E-bikes with a motor that only provides assistance when the rider is pedaling. Motor stops when the bike reaches 20mph.
Class 2 - E-bikes with a throttle-actuated motor, that also stops motor function when the bike reaches 20mph.
Class 3 - E-bikes with a motor that only provides assistance when the rider is pedaling. Motor stops when the bike reaches 28mph.
People for Bikes explains the usage of these classes when individual states look to enact laws around e-bikes, stating: “In the interest of safety, local governments would be allowed to restrict, regulate or prohibit the use of e-bikes in their parks, on paths and on trails. In the absence of local ordinances, Class 1 and Class 2 e-bikes would be allowed on paths and trails; while Class 3 e-bikes would only be allowed on roadways. The e-bike class model also allows local agencies to permit e-bikes on paths or bikeways where they are traditionally not allowed, in the event that the alternative route is considered hazardous. This is a local jurisdictional decision.”
State By State Acceptance
People for Bikes created helpful maps to display where states are in the regulation process of e-bikes and electric mountain bikes. Here you can see which states have passed laws around the three-class system in green. Yellow represents states where some legislation has taken place, and red delineates states where legislation is confusing and regulations are not representative of actual e-bikes. People for Bikes have made it their mission to continue to push Governors to pass legislation to classify e-bikes as bicycles. There are still a number of states that are in need of updated laws surrounding the use of e-bikes.
As for electric mountain bikes (eMTBs), there are additional rules and regulations that affect their usage in state parks, authorized on a state by state basis. The map below defines how state parks are accepting eMTBs. When comparing the two maps, we can see that many states that have laws surrounding e-bike usage do not have similar laws in reference to eMTBs.
Safety Concerns
A major concern about e-bikes in the minds of many is safety. Speed assessments of e-bikes versus traditional bicycles have resulted in inconclusive results. Studies have been conducted by the University of Tennessee-Knoxville, the Dresden University of Technology and the Utrecht University, resulting in differing outcomes on safety, average speeds and the effect on traffic.
The majority of the studies show evidence to believe that people believe that e-bike users and traditional cyclists will act the same way in regards to traffic rules.
As of March 2019, the National Conference of State Legislatures (NCSL) reported that 13 of 26 states with three classes of bikes have implemented helmet laws. States are taking a range of approaches to the severity of helmet laws surrounding e-bikes. Connecticut has the most strict guidelines in place, requiring every class of e-bike rider and passenger to wear a helmet. Next, a number of states like California and Tennessee are putting restrictions on just class three e-bikes, requiring all riders and passengers to wear helmets. Colorado and Michigan are requiring helmets for those under 18, on class three e-bikes. Finally, states like Washington, Idaho, Wyoming, and Arizona are not requiring any helmet usage.
The Latest News in E-Bikes
On April 1, 2020 New York legalized electric bikes and scooters. This gives more availability to scooter services, as well as opens up delivery work for immigrant workers, who weren’t able to previously deliver food (due to not having a driver’s license). In other news, the Bureau of Land Management has asked the public for comments on proposed e-bike regulations. In their press release, BLM has asked for considerations on regulating e-bikes on their land. The proposed rule would “... facilitate increased recreational opportunities for all Americans, especially those with physical limitations, and would encourage the enjoyment of lands and waters managed by the BLM.” In related news, the National Parks Service is following suit with BLM, proposing regulations on e-bike usage in parks across the country. In the press release, the National Parks Service proposed allowing e-bikes in all the same places as traditional bicycles, in all 380 individual National Parks.
If you’re in the market for a new bike and considering an e-bike or eMTB, first make sure you understand what all that entails. Ensure you’re up to speed on your state's laws surrounding classification, places to ride and your state’s safety laws. For more information on e-bikes, regulations, and how to advocate for e-bike laws, check out People for Bikes e-bike page here.
Sources: Mordor Intelligence, People for Bikes (Infographic, E-bike Homepage), Consumer Product Safety Act - Low-Speed Electric Bicycles, National Conference of State Legislatures (State Electric Bicycle Laws | A Legislative Primer), The University of Tennessee-Knoxville, Dresden University of Technology, Utrecht University, The Verge, Bureau of Land Management, Proposed New Rule, National Parks Service
