Are Electric Bikes Street Legal? Where Can/Can’t You Ride?
The answer really depends on the e-bike in question; not everything that is called an e-bike is actually an e-bike.
Generally speaking, electric bikes are perfectly legal. That’s because People for Bikes, the largest advocacy organization for cyclists in the U.S., wrote a model law and then lobbied heavily for a three class system that states could adopt to give e-bike riders consistency across the 50 states.
That said, we’re beginning to see news reports of e-bikes being banned or restricted in some communities. The village of Key Biscayne recently outlawed all e-bikes and e-scooters. In some places, only certain types of e-bikes are permitted. If you’re confused by what you’ve seen on TV or read in the news, it’s understandable.
Most states (42) have gone on to adopt the law defining the three class system; it positions the three classes of e-bikes within a state’s existing motor vehicle code and gives e-bike riders most of the same rights (and responsibilities) as riders of traditional bikes. A handful of states (Alaska, Kentucky, Montana, North Carolina, Pennsylvania, Rhode Island and South Carolina) have adopted laws that deviate from this by varying degrees.
Unless explicitly forbidden, all three classes of e-bikes are permitted on streets. Those three classes are:
- Class 1: pedal assistance up to 20 mph
- Class 2: pedal assistance or throttle up to 20 mph
- Class 3: pedal assistance up to 28 mph (if it has a throttle, the throttle’s assistance tops out at 20 mph)
These three e-bike types, which cover more than 90 percent of all e-bikes sold, are permissible on any road that a bicyclist is allowed to ride. Like bikes, e-bikes are not permitted on interstates or similar highways. Riders are required to obey all the rules of the road, just as a driver would. Some states limit rider age, especially with Class 3 e-bikes. They may also require some riders (such as minors or riders of Class 3 e-bikes) to wear a helmet.
Things become more complicated when we begin looking at bike paths, multi-use trails, sidewalks and singletrack trails. In some states, you can’t ride an e-bike on sidewalks, period. In others, you can’t ride a Class 3 e-bike on a sidewalk. Some bike paths only allow Class 1 e-bikes or limit all bikes—electric and traditional—to a speed limit of 15 mph.
Federal regulations (per the Consumer Product Safety Commission) define an e-bike as producing less than 750W (nominal or continuous power, not peak). Additionally, sixteen states limit an e-bike’s motor power to 750W (nominal or continuous, not peak). Anything more than that isn’t classified as an e-bike.
Not an e-bike
Some e-bike makers offer models that can be “unlocked” and ridden in what is sometimes called an “off-road” or “race” mode. These modes allow an e-bike to be ridden at speeds faster than 28 mph. E-bikes with “off-road” mode are legal at Off-Highway Vehicle Areas (OHV), and few other places.
These e-bikes, some of which can produce as much as 3000W nominally, have yet to receive a formal classification from the government. They simply aren’t e-bikes. Because they have pedals, they aren’t considered mopeds or motorcycles, either; the government has yet to require riders to register or insure them, or carry a driver’s license when riding.
The state of Utah recently enacted a law defining out-of-class e-bikes that also differentiated between them and e-mopeds. Police are empowered to ticket anyone riding an out-of-class e-bike on city streets.
Some communities have noted an uptick in crashes involving e-bike riders. In Carlsbad, California, the city enacted a new ordinance in 2022 aimed at increasing rider safety. It has outlawed passengers riding on handlebars or any other location on an e-bike not designed to carry a passenger.
Consequences
Some police departments have begun ticketing people for riding out-of-class e-bikes. Police in Danville, California, give minors tickets for driving without a license if they are riding an e-bike with a motor that produces more than 750W. According to California law, an e-bike that produces more than 750W (nominal, not peak), that is a moped, and mopeds require a license, registration and insurance.
Police in Manhattan Beach, California, impounded a 13 year old’s “e-bike” because it wasn’t an e-bike. It was an electric motorcycle—it lacked pedals—and the teen wasn’t wearing a helmet—a violation of California law. The Manhattan Beach Police Department is impounding electric motorcycles, such as those made by Surron and Talaria, if they are ridden on city streets. Such e-motorcycles aren’t street legal—at all.
It’s important to note that police aren’t issuing tickets for how people are riding; they are issuing citations for what people are riding. As long as the e-bike conforms to one of the three defined classes, people have nothing to fear.
The bottom line is super-straightforward. Riding a Class 1, 2 or 3 e-bike on city streets is perfectly legal (okay, except for in Key Biscayne). If you purchase an e-bike that conforms to one or more of the three classes and ride on roads (not highways) and obey all the traffic laws you would as a driver, you’ll be fine.
If you’re interested in riding on bike paths, multi-use paths or sidewalks, you’ll want to consult the laws for your state (and possibly your city). As with most things, if you ride in a manner that is considerate of others, you are unlikely to encounter any issues.