This blog is a collaboration between School of Government faculty members focusing on municipal authority (Rebecca Fisher-Gabbard) and motor vehicle law (Belal Elrahal).
Recently (purely for research purposes), Belal visited a few local bicycle shops and test-rode their electric assisted bicycles (the statute refers to these devices as electric assisted bicycles, also known as “e-bikes”). Two things were noteworthy. First, the retailers indicated that their e-bike inventory was divided into three categories: Class 1, Class 2, and Class 3. And second, they did not sell Class 3 e-bikes out of the box; rather, they sold Class 2 e-bikes that could be adjusted in the settings to become Class 3 e-bikes after sale. Why were these things noteworthy? Because until a new law (S.L. 2026-46 (H 1094)) goes into effect this December, North Carolina does not categorize e-bikes as Class 1, 2, or 3. Also, what the bike shop owners call a Class 3 e-bike is, at least until December, defined by G.S. 20-4.01(27)(j) as a moped, which may explain their hesitance to sell them as Class 3s.
Belal wrote about the law governing the use of e-bikes last November here. At the time, there was proposed legislation that would adopt the Class 1, 2, and 3 e-bike definitions and more clearly provide authority for municipalities and counties to regulate their use. S.L. 2026-46, effective December 1, 2026, enacts definitions and classifications for e-bikes and has authorized certain local regulation of their use. This post describes the newly codified e-bike definitions, how they change the status quo, and discusses local government authority to regulate the use of e-bikes.
E-Bike Definitions Today
While the e-bike definitions were explored in greater detail in Belal’s prior blog post, it is worth reviewing the current state of e-bike classification. The statutory approach to vehicles with a saddle and three or fewer wheels is that they are all motorcycles, unless they are specifically excluded and defined otherwise (G.S. 20-4.01(27)(h)). The term “motorcycle” is defined to exclude mopeds and electric assisted bicycles—terms that are separately defined. “Electric assisted bicycles” are currently defined as bicycles with an electric motor of 750 watts or less, and a maximum powered speed of 20 miles per hour (G.S. 20-4.01(7a)). “Mopeds” are defined in relevant part as vehicles, other than a “motor-driven bicycle” (bicycles with small gas-engines with a top speed of 20 miles per hour) or electric assisted bicycle, with a maximum powered speed of 30 miles per hour (G.S. 20-4.01(27)(j)).
Let’s return to the issue of why bicycle shops might hesitate to sell a Class 3 e-bike out of the box. Class 3 e-bikes have a maximum powered speed of 28 miles per hour. As a result, under current law, a Class 3 e-bike is a moped. Operators of mopeds must be at least 16 years old (G.S. 20-10.1). In addition, mopeds must be registered with the Department of Motor Vehicles (“DMV”), see (G.S. 20-53.4), and must be covered by liability insurance (G.S. 20-309(a)). Further, any moped operator and passenger must wear a helmet (G.S. 20-140.4). Very few, if any, local bicycle shops sell an e-bike with a maximum powered speed over 30 miles per hour, which would render the vehicle a motorcycle under North Carolina law, implicating a host of other requirements. Nevertheless, online retailers do sell these devices.
New E-Bike Legislation
Section 19 of S.L. 2026-46, effective December 1, 2026, adopts the Class 1, 2, and 3 e-bike classification used by most states. The new law defines an e-bike as “a bicycle with two or three wheels that is equipped with a seat or saddle for use by the rider, fully operable pedals for human propulsion, and an electric motor of no more than 750 watts that meets the requirements of one of the following three classes:
- Class 1 e-bikes provide assistance only while the rider is pedaling, up to 20 miles per hour.
- Class 2 e-bikes provide assistance whether the rider is pedaling or not, up to 20 miles per hour.
- Class 3 e-bikes provide assistance only while the rider is pedaling, up to 28 miles per hour.
By including Class 3 e-bikes, S.L. 2026-46 expands the definition of “electric assisted bicycles” to include devices that are properly classified as mopeds under existing law. Under the expanded definition, e-bikes will now generally be considered “electric assisted bicycles” or motorcycles – but not mopeds – based on their maximum powered speed or motor size.
S.L. 2026-46 also enacts new G.S. 20-171.3, which allows the use of e-bikes on any roadway, bicycle lane, or sidewalk, subject to other regulations by local government units (discussed in detail below) or by the Department of Natural and Cultural Resources (DNCR) for properties under DNCR jurisdiction. New G.S. 20-171.3(b) requires any rider or passenger of a Class 3 e-bike who is under the age of 18 to wear a helmet. Violations of this provision on or after December 1, 2026 are an infraction (G.S. 20-176).
Finally, Section 19(e) of S.L. 2026-46 directs the Department of Transportation (NCDOT) to “develop educational materials on the proper use and safety considerations of electric assisted bicycles.”
Municipal and County Authority to Regulate the Use of E-Bikes
Many people have expressed concerns about the use of e-bikes on public streets, sidewalks, and greenways. Are e-bikes being operated safely? Do e-bike purchasers know what product they are buying (including parents making purchases for their children)? Cary police reportedly responded to more than 219 calls involving e-bikes over a 16-month period beginning in January 2025. This summer, at least one municipality adopted an ordinance differentiating between e-bikes and other electric assisted vehicles and regulating their use on local streets, sidewalks, and greenways. Other municipalities are considering adopting similar ordinances.
As noted above, the new e-bike legislation will allow the operation of e-bikes on all roadways, bicycle lanes, and multiuse paths across the state. However, three categories of regulation are explicitly exempted from this new provision: (1) municipal regulation of pedestrian and vehicular traffic on municipal streets, sidewalks, alleys, and bridges pursuant to G.S. 160A-300; (2) municipal and county regulation of e-bikes on any multiuse path and sidewalk within their jurisdictions, as authorized by the new legislation; and (3) DNCR regulation in state parks, historical sites, and other DNCR properties.
So, what powers do local governments have to regulate the use of e-bikes in their communities? The new law expressly authorizes municipalities (through new G.S. 160A-300.2) and counties (through new G.S. 153A-245.1) to regulate the use of e-bikes on any multiuse path or sidewalk within their jurisdictional limits. They can restrict the use of a single class or classes of e-bikes on those paths or sidewalks, and they can establish speed limits for e-bikes in the same places. In addition, for Class 1 or 2 e-bikes, local governments may require that operators and/or passengers under the age of 18 wear a helmet. The scope of authority to regulate e-bikes differs somewhat between municipalities and counties based on the plain language of the new law and existing laws delegating municipalities the authority to regulate their streets.
Municipal authority. Existing laws grant municipalities authority and control over traffic on their streets, sidewalks, alleys, and bridges. Specifically, G.S. 160A-300 authorizes municipalities to, by ordinance, “prohibit, regulate, divert, control, and limit pedestrian or vehicular traffic upon the public streets, sidewalks, alleys, and bridges of the [municipality].” Under North Carolina's motor vehicle law, the term “vehicle” is broader than the term “motor vehicle” and includes e-bikes. See G.S. 20-40.1(23) (definition of motor vehicle); (49) (definition of vehicle). A related statute, G.S. 160A-296, grants municipalities “general authority and control over all public streets, sidewalks, alleys, bridges, and other ways of public passage within its corporate limits . . .” That authority includes the “power to regulate the use of the public streets, sidewalks, alleys, and bridges.” G.S. 160A-296(b).
The new law does not cross-reference G.S. 160A-296 (the broad grant of authority to municipalities over municipal streets), but it explicitly characterizes G.S. 160A-300 as an exception to the general rule that e-bikes are now allowed on all roadways, bike lanes, and multiuse paths in the state. Because the new law expressly carves out and preserves the authority provided by G.S. 160A-300, municipalities presumably retain their ability to adopt ordinances regulating e-bikes on municipal streets, sidewalks, alleys, and bridges. The new enabling statute (G.S. 160A-300.2) also makes explicit municipalities' authority to regulate e-bikes on multiuse paths and sidewalks, in particular.
County authority. Under the new law, counties may regulate the use of e-bikes, including permissible classes, speed limits, and for operators and passengers of Class 1 and 2 e-bikes under the age of 18, helmets, on multiuse paths and sidewalks in county-controlled places such as parks, greenways, or other county properties, but not on state-maintained roads. Counties are different than municipalities in that there are no county streets or roads. G.S. 153A-121(b) specifies that counties’ general “police powers” do not confer the authority to “regulate or control vehicular or pedestrian traffic on a street or highway under control of the Board of Transportation.” Since all public roads in the county are state-controlled, counties do not have the authority to regulate e-bikes on them. For more on local governments’ authority to regulate traffic, see this blog authored by Shea Denning.
Reach of local ordinances. Municipal ordinances regulating e-bikes apply within the municipality’s corporate limits and to any city-owned property or rights-of-way outside the city. G.S. 160A-176. County ordinances regulating e-bikes apply to any part of the county not within a municipality. G.S. 153A-122. Indeed, new G.S. 153A-245.1 specifies that no county regulation of e-bikes “shall be deemed to restrict or repeal the authority of a [municipality] to regulate the use of an electric assisted bicycle.”
Effective date. As previously noted, Section 19 of S.L. 2026-46 is effective December 1, 2026 and applies to offenses committed on or after that date. In the same way that a post-December 1 violation of G.S. 20-171.3 will be an infraction under the state’s motor vehicle laws, a violation of local e-bike regulations could carry penalties under a local ordinance, if so specified, after that date.
