Model Electric Bicycle Law with Classes
Chapter 1
–
Definitions
Section 101:
(1)
“
E
lectric bicycle” shall mean a bicycle equipped with fully operable pedals and an
electric motor of less than 750 watts.
(a
) “Class 1
electric bicycle”
or “low
-
speed pedal
-
assisted electric
bicycle”
shall mean
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.
(b
) “Class 2
electric bicycle”
or “low
-
speed throttle
-
assisted electric
bicycle”
shall mean
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 mile
s per hour.
(c
) “Class 3
electric bicycle”
or “speed pedal
-
assisted electric bicycle”
shall mean
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 sp
eed of 28 miles per hour
.
***
Electric bicycles may also need to be
excluded from other
definitions such as
“motor vehicle” or
“moped.”
These determinations should be made
on
a
n
individual
basis based
on the classifications in each
state.
See also section 202
(providing that electric bicycles are not motor vehicles).
Chapter 2
–
General rules for electric bicycles
Section 201
–
rights and duties of electric bicycles
:
Except as otherwise provided in this
[insert appropriate designation
-
article, chapter,
etc.]
,
a
n
electric bicycle or an
operator of an
electric bicycle shall be afforded all the
rights and privileges
, and
be
subject to all of the duties
,
of a bicycle or the operator of a
bicycle.
Section 202
–
insurance, licensing, and registration
:
A person operating
an electric
bicycle is not subject to the provisions of this code relating
to financial responsibility, driver’s licenses, registration, and
license plate requirements.
A
n electric
bicycle is n
ot a motor vehicle.
Section 203
–
labeling requirement
:
On and after
[insert appropriate date
–
generally at least one calendar year after the new
law takes effect]
, manufacturers and distributors of electric bicycles shall apply a label
that is
permanently affixed, in a prominent location, to each electric bicycle. The label
shall contain the classification number, top assisted speed, and motor wattage of the
electric bicycle, and shall be printed in Arial font in at least 9
-
point type.
Section 204
–
tampering restriction
:
A
person shall
not
tamper with or modify
an electric
bicycle so as to
change
the
motor
-
powered
speed capability
or motor engagement
(between pedal and throttle assist types of
engagement)
of an
electric
bicycle, unless
he or she appropriately replaces the label
indicating the classification required in section 203.
A person shall not tamper with or modify an electri
c bicycle in a manner that
allow
s
the
motor to provide assistance above the speed of
: (a) 20 miles per
hour if the bike is being
propelled exclusively by the motor; or (b) 28 miles per hour if the motor is providing
assistance only when the rider is pedaling.
A device shall no longer be considered an electric bicycle if the motor is modified such
that
the
motor is capable of propelling the device at a speed that exceeds
:
(a) 20 miles per
hour if the bike is being propelled exclusively by the motor; or (b) 28 miles per hour if
the motor is providing assistance only when the rider is pedaling.
Section 205
–
CPSC compliance
:
An electric bicycle shall comply with the equipment and manufacturing requirements for
bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R.
part 1512).
Section 206
–
motor disengagement
:
A
c
lass 2
electric b
icycle shall operate in a manner so that the electric motor is
disengaged or ceases to funct
ion
when the brakes are applied. A c
lass 1 and 3 electric
bicycle shall
operate in a manner such that the motor is
dis
engaged through a mechanism
that, when
the
rider stops pedaling
,
the electric motor will
disengage or cease to function
.
Section 207
–
path use by class 1 and 2 electric bicycles
:
A class 1 electric bicycle or a class 2 electric bicycle may be used in all places where
bicycles are permitted to tra
vel, including, but not limited to bicycle and multi
-
use paths
and trails
[use appropriate state specific language to des
cribe paved bike infrastructure
;
omit trails where they can be interpreted as trails open to mountain bikers
]
. However,
t
he
municipality,
local authority or governing body of a public agency having jurisdiction
over a path or trail may prohibit, by ordinance, the operation of a class 1 electric bicycle
or class
2
electric bicycle on that bicycle path or trail.
Section 208
–
pa
th use by class 3 electric bicycles
:
A class 3 electric bicycle shall not be operated on a bicycle
or multi
-
use
path
or trail
[use
appropriate state specific language to des
cribe paved bike infrastructure
; omit trails
where they can be interpreted as trail
s open to mountain bikers
]
unless it is within or
adjacent to a
highway or
roadway
,
or unless the
municipality,
local authori
ty or
governing body of a public agency having juri
sdiction over the path
or tr
a
i
l
permits, by
ordinance, that operation.
Chapter
3
–
Additional r
egulation of c
lass 3
electric bicycles
Section 301
–
age restriction:
No person under
the age of sixteen (16
)
may operate
a class 3
electric bicycle. A person
under the age of sixteen
(16
)
may ride as a passenger on
a
cla
ss 3
electric
bicycle that is
designed to accommodate passengers.
Section 302
–
helmet requirement
:
All
o
perators
and passengers
of
class 3
electric bicycles
shall wear a
properly fitted and
fastened
bicycle helmet that meets the standards provided
by
either
the United
States
Consumer Product Safety Commission or the American Society for Testing and
Ma
terials, or standards subsequently established by those entities.
***State
-
specific analysis should be performed to examine whether any addit
ional
provisions are need
ed
to accommodate
whether failing to wear a helmet constitutes
negligence
/assumption of risk
or could
otherwise
limit recovery in the instance of a
collision with other road users or motor vehicles
.
Section 303
–
speedometer requirement
:
All class 3
electric bicycles must be equipped with a speedometer that displays the speed
the bicycle is traveling in miles per hour.
