New Utah Law Defines Out-of-Class E-Bikes

A new law has gone into effect in Utah that will address unrestricted and multiple mode e-bikes. This puts Utah in the unusual position of being the first state in the country to take on the issue of e-bikes that don’t conform to the three-class system.

Utah’s new regulations became law on May 1. It is the first law to address the increasing proliferation of e-bikes with unrestricted top speeds. E-bikes that can exceed a maximum-assist speed of 28 mph are classified as Out-of-Class EVs (OCEV).

Some reporting on the new law has suggested that it groups Class 2 e-bikes with a maximum pedal-assist and throttle speed of 20 mph in with OCEVs. That’s not the case. Class 2 e-bikes that cease their assistance at 20 mph, whether pedaling or with a throttle are still considered Class 2 in Utah’s law.

The new law does cause some confusion, though. In 41-6a-102 (18)(a)(i) it defines an “electric assisted bicycle” as having a power output of “not more than 750W,” which is in-line with the three class system. However, in section (18)(b)(v)(B) it saysis says the definition of an “electric assisted bicycle” does not include “continuous rated motor power of 750W or greater.” This could potentially capture every e-bike we’ve reviewed with a 750W motor. From the Aventon Aventure to most of Rad Power Bikes’s lineup, their nominal rating of 750W makes them not e-bikes according to Utah’s new law. The law also does not distinguish between max wattage and nominal wattage, which is something you also see in People for Bikes model legislation – and it’s a detail we believe needs to be clarified by both organizations.

Just who can ride an e-bike receives some restrictions. E-bike riders must be at least 14 years old to ride legally on roads, sidewalks, etc. Kids under the age of 14 can ride in public so long as their parent is present and supervising them. Anyone under the age of eight is not permitted to ride an e-bike in public, period.

To ride a Class 3 e-bike legally, the rider must be at least 16.

The law also defines both moped and motor-assisted scooter as not just different from an e-bike, but different from each other. A moped will not produce more than 2 hp (generally considered to be 1500W nominally), and cannot propel a rider to more than 30 mph. A motor-assisted scooter has a motor of not more than 2000W and a design that permits the scooter to be “propelled by human power alone.” A motor-assisted scooter will have a maximum speed of 20 mph on a level surface.

The law includes some new requirements for brands and/or e-bike dealers based in Utah.

E-bikes sold in Utah or sold to people living in Utah (as in the case of direct-to-consumer sales) must carry a sticker denoting each of the classes that the e-bike can be set to perform. That’s not a big deal, but one wonders whether the D2C brands will respect this.

The most significant aspect of the law regards how it defines what is not an e-bike. Not only is any e-bike that can be throttled to speeds faster than 20 mph not an e-bike, but anything that can be pedaled at speeds above 28 mph not an e-bike.

The law includes a requirement that all not-e-bikes as defined by the law carry a sticker making this fact clear. It is to read:

“THIS VEHICLE IS NOT AN “ELECTRIC ASSISTED BICYCLE” AS DEFINED BY UTAH MOTOR VEHICLE CODE AND IS INSTEAD A TYPE OF MOTOR VEHICLE AND SUBJECT TO APPLICABLE MOTOR VEHICLE LAWS IF USED ON PUBLIC ROADS OR PUBLIC LANDS. YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”

The above paragraph gives insurance companies an opportunity to wash their hands of claims involving e-mopeds.

The law’s definition of a motorcycle isn’t terribly specific. According to the law, a motorcycle isn’t a tractor and it doesn’t have more than three wheels. What that means is that everything that isn’t an e-bike, moped, motor assisted scooter or motor-driven cycle is a motorcycle. It’s a process of elimination.

What this means is that anything with two wheels and an electric motor that produces more than 1500W nominally (admittedly not many machines fit that definition, and that’s providing that we accept 1500W being equivalent to 2 hp) is, as a matter of deduction, a motorcycle. This means that police could potentially ticket someone on one of what we call e-mopeds and require them to register it as a motorcycle, which requires a license and insurance as well.

The most surprising aspect of the law comes right at the end. It says, “A person’s actions to knowingly advertise, offer for sale, or sell a vehicle that is not an electric assisted bicycle as an electric bicycle, electric assisted bicycle, electric bike, or e-bike without making the disclosure described in Subsection (8)(d) constitutes prima facie evidence of a deceptive trade practice under Section 13-11a-3.”

According to the law, this violation constitutes an infraction, which suggests a ticket and a fine, not criminal court. But if a brand or retailer is found in violation of this section, it would seem to trigger the opportunity for prosecution for a deceptive trade practice.