Adding an electric motor to a bicycle can vastly expand its range and utility, allowing the elderly, the disabled, the non-athletic, and those hauling heavy loads to experience the joy and convenience of bicycle transportation. 

It can also open up loopholes for a whole new type of “bike-shaped objects:” vehicles that resemble bicycles while powering their users faster than any human can go, reaching speeds far beyond what existing bicycle infrastructure has been built to accommodate.

On a recent Alliance for Biking & Walking webinar, we heard from three different speakers who provided diverse perspectives and some in-the-trenches anecdotes of the current battle to win fair legislation for electric bikes.

Missed the webinar? No worries. Catch the recording below, or keep reading for key takeaways about the battle over e-bikes. 

Stakeholders from many different groups – bicycle advocates, community residents, legislators, and bike manufacturers – are concerned that existing laws are out of step with the current realities of electric bicycle technology. Some worry that too-permissive laws allow electric bikes that are de facto mopeds or motorcycles access to facilities that were designed for the use of traditional un-assisted bicycles. Others worry about laws that effectively ban all forms of motor assistance, even if they are designed only to act as a supplement to the rider’s own power.

With the increasing popularity of electric-assist bicycles sparking growth in bicycle-based businesses, delivery services, cargo bicycling, and family bicycling, the controversies surrounding electric-assist bicycles are only going to grow until we can devise better laws.

Federal guidance governs sale, but not use

The Consumer Product Safety Commission (CPSC) – the federal office that governs safety for bicycles and other consumer goods – offers the following definition of a “low-speed electric bicycle:”

• 2-3 wheeled vehicle
• Fully operable pedals (some gray area on how necessary the pedals need to be for the operation of the bicycle)
• Motor must be less than 750 watts (1 horsepower)
• Maximum assisted speed may be less than 20 miles per hour

These CPSC guidelines – the same body that governs bicycle safety – are currently the most popular legal reference. However, these guidelines only regulate the sale of e-bikes, not their use. In states whose vehicle laws are out of sync with with CPSC guidelines, it’s legal to buy an e-bike but not to ride one on the streets or paths.

For example, e-bikes are currently in “legal limbo” in New York State and City. Statewide motor vehicle law is fuzzy on the issue, but the laws seem to indicate that as long as a bike cannot be powered 100% by the motor (i.e., as long as it is a “pedelec” or pedal-assist system), it is legal to ride without motor vehicle registration. All other systems, like those that operate off of throttles regardless of total motor power or maximum speed, would need to be registered and insured like motorcycles.

This is not just a burden on bicycle owners, it’s also impossible. Bicycles do not have Vehicle Identification Numbers (VINs), so they're not technically eligible for registration or the type of insurance that the law would require. New York Bicycling Coalition has been attempting to get the definition of an electric bike clarified at the state level.

New York City has effectively banned the use of e-bikes, passing extremely strict regulations and instituting crackdowns to respond to residents’ concerns about the unsafe behavior of delivery cyclists riding electric bicycles.

Because the federal CPSC standard only governs sales and not use, it is, ironically, legal to buy an e-bike in New York State but not to ride one.

Alternative legal frameworks

The European standards for low-speed electric bicycles are much more stringent than the CPSC standards, limiting maximum assisted speed to 15 mph and requiring the user to pedal at all times in order to obtain assistance. It appears that some communities and legislators are willing to allow e-bikes under these more stringent restrictions; however, e-bike manufacturers points to the popularity of throttle-assisted bikes and insist that it would be a serious blow to their industry if such restrictions were universally adopted.

Many legislators are adding additional restrictions to legislation governing e-bikes. These have included:

• Helmet requirements for e-bike users, even in jurisdictions where helmet use is not required for unassisted bicycles
• Age restrictions for e-bike riders (16 years and up)
• Some communities, such as New York State, are even attempting to add age restrictions for e-bike passengers. This would make it illegal to install electric-assist systems in one of the places where they are most useful: on cargo bikes for carrying young families.

Advocacy efforts

Last year, the New York Bicycle Coalition supported a bill in the state assembly that would have altered the legal status of e-bikes. The bill, which nearly passed, would have:  

• Brought New York State’s laws governing e-bike use closer to the federal CPSC standard for sales;
• Established safety criteria for e-bikes;
• Required all users to wear helmets; and
• Required both operators AND passengers to be at least 16 years old (which would have excluded the growing e-assist family bike market).

The bill did not pass. The New York Bicycle Coalition will work on reintroducing it – with some improvements.

On the west coast, the California Electric Bicycle Association is working to bring California e-bike laws in line with federal CPSC regulations.

California's e-bike laws are simultaneously more permissive and more restrictive than the CPSC regulations: they allow motors up to 1000 watts, but do not allow e-bikes on certain cycle facilities, including off-street cycle paths. E-bike manufacturers formed CalEBA last year to advocate for different e-bike laws. Unfortunately, the law was co-opted by a moped association and was passed after CalEBA withdrew all support. Since then, CalEBA has spent time solidifying support among allies, including the California Bicycle Coalition. 

One thing’s for sure: this issue is not going to go away. The Alliance for Biking & Walking and the League of American Bicyclists will continue to monitor the status of electric bike legislation in California, New York and other communities.

You can also check the Alliance's Resource Library (a members-only benefit) for updates and more resources on electric bicycles.