The popularity of electric bicycles (e-bikes) has surged across the country, from city streets to suburban trails. Their increased popularity has led to uncertainty and confusion in definition and regulation. Are e-bikes truly bicycles? Or are they motorcycles? Are they different from mopeds? Do you need a license to ride one? Who can regulate their use? Buyers, riders, and local officials are tasked with distinguishing between bicycles, e-bikes, electric mopeds, and electric motorcycles. Their classification matters because it can carry different legal implications. This post explores the current state of electric assisted transportation, examines how these vehicles are classified under current law, and discusses the rules that apply to their use. Read on for more details.
Definitions. Chapter 20 of the General Statutes defines each of the following methods of transportation: bicycle, electric assisted bicycle, motor driven bicycle, moped, motorcycle, motor vehicle, and vehicle. The legislature has not defined e-bikes in particular. Some of these definitions are included entirely within others, and some overlap partially but not completely.
An electric assisted bicycle is a bicycle with an electric motor that is 750 watts or less and has a maximum speed of 20 miles per hour or less when powered solely by the motor (G.S. 20-4.01(7a)). Electric assisted bicycles are specifically excluded from the definition of motor vehicle (G.S. 20-4.01(23)) and specifically included (along with bicycles) in the definition of vehicle (G.S. 20-4.01(49)). As a result, bicycles and electric assisted bicycles are subject to all provisions of Chapter 20 that are applicable to the drivers of motor vehicles “except those which by their nature can have no application.” For example, because bicycles and electric assisted bicycles do not require drivers licenses, provisions in Chapter 20 establishing the offenses of no operator’s license and driving while license revoked would not apply.
A motor driven bicycle is different. These are defined as vehicles with 2 or 3 wheels, a saddle, pedals, and a motor which has a maximum speed of 20 miles per hour. This definition explicitly excludes electric assisted bicycles (G.S. 20-4.01(27)(i)). These are typically bicycles, with pedals, that have small gas engines attached to assist the rider.
Moving up in capacity, a 2 or 3 wheeled vehicle that has a motor that does not exceed 50 cubic centimeters, with no external shifting device, and that has a maximum speed less than 30 miles per hour “other than a motor driven bicycle or electric assisted bicycle” is a moped, whether powered by an electric motor or gas engine (G.S. 20-4.01(27)(j)).
Motorcycles, then, are vehicles with a saddle and no more than three wheels. The definition includes motor driven bicycles, but specifically excludes electric assisted bicycles and mopeds (G.S. 20-4.01(27)(h)).
Applying the definitions to e-bikes. The statutes do not define the broad category of e-bikes. If we consider any bicycle with an electric motor an e-bike, as the capacity and speed increase, different definitions from our current legislation will apply. Let’s apply these definitions to various models of e-bikes on the market. The important thing to note is that whether by definition or explicit statement, every device mentioned below is a vehicle, and is still subject to all applicable provisions of Chapter 20.
E-bike with a less than 750 watts motor and a maximum speed of 20 miles per hour. This e-bike falls within the definition of an electric assisted bicycle. As a result, it is subject to all applicable provisions of Chapter 20, and is specifically excluded from the definitions of motor vehicle, moped, or motorcycle. As a result, it does not have to be registered with the DMV, nor do operators have to be specially licensed or carry liability insurance.
E-bike with either a motor greater than 750 watts or a maximum speed greater than 20 miles per hour, and a maximum speed of less than 30 miles per hour. If an e-bike has a motor larger than 750 watts, it no longer meets the definition of an electric assisted bicycle, and if it has a maximum speed of less than 30 miles per hour, it is a moped. If an e-bike has a motor less than 750 watts but its maximum speed is between 20 and 30 miles per hour, it also no longer meets the definition of an electric assisted bicycle, and is a moped. While a moped operator does not have to have a drivers license (G.S. 20-7(a1)), operators must be at least 16 years old (G.S. 20-10.1), maintain liability insurance (G.S. 20-309(a)), and register the moped with the DMV (G.S. 20-53.4). Also, any operator and passenger must wear a helmet (G.S. 20-140.4).
E-bike with a maximum speed over 30 miles per hour. With a maximum speed of over 30 miles per hour, this e-bike no longer meets the definition of either an electric assisted bicycle or moped. As a result, it is not excluded from the definition of motor vehicle or motorcycle. Because it meets these definitions, the motorcycle and motor vehicle provisions of Chapter 20 apply. This means that in addition to the requirements imposed on moped operators described above, motorcycle operators must also have a valid drivers license with a motorcycle endorsement (G.S. 20-7(a1)).
Model classification. In the same way the Society of Automotive Engineers categorizes all vehicles into one of six levels for purposes of driving automation, there is a model classification system for electric bicycles. Since 2014, this model classification has been adopted by over 30 states (North Carolina has not yet adopted this classification system). It divides e-bikes into three categories:
- Class 1: any e-bike with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the e-bike reaches 20 miles per hour.
- Class 2: any e-bike with a motor that provides assistance whether the rider is pedaling or not, and that ceases to provide assistance when the e-bike reaches 20 miles per hour.
- Class 3: any e-bike 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 28 miles per hour.
Based on our current statutory definitions, if the e-bike motor is less than 750 watts, both Class 1 and Class 2 e-bikes would be considered electric assisted bicycles. As it stands, Class 3 e-bikes are captured by our definition of moped. Adopting that category would remove e-bikes with a maximum speed of 28 miles per hour from the definition of moped and categorize them as e-bikes instead (so long as they only provide assistance while the rider is pedaling). E-bikes that do not fit within the classes based on their maximum speed or because they provide assistance without the rider pedaling would either be considered mopeds or motorcycles based on their maximum speeds.
Proposed Legislation. Earlier this year, Senators Lee and Lazzara introduced SB576 (An Act to Clarify the Definition of Electric Assisted Bicycle and to Authorize Local Government Regulation). While it has not become law yet, it is an indication that the legislature is paying attention to the growing presence of e-bikes on our streets and greenways and the growing need for units of local government to regulate their increased use.
The bill incorporates the model classification of e-bikes described above. It proposes an additional provision to Chapter 20 clarifying that e-bikes are permitted on all roadways, bicycle lanes, and shared-use paths. It further proposes a requirement that any rider or passenger of a Class 3 e-bike wear a helmet. The bill also provides express authority for cities and counties to regulate and restrict the use of e-bikes. The draft language allows for local regulation of e-bikes on any street, road, highway, multiuse trail, sidewalk, or trail, requires that Class 1 or Class 2 e-bike riders wear a helmet, and permits the establishment of speed limits on greenways or shared-use paths. Cities and counties would also be permitted to impose penalties for violations of any restrictions or rules.
Currently, G.S. 160A-296 and G.S. 160A-300 grant municipalities the authority to regulate the use of public streets, sidewalks, alleys, bridges, and “other ways of public passage” within their corporate limits. While these statutes arguably already provide cities with the authority to impose some of the regulations described in SB576 related to use of streets and roadways, the proposed legislation is more specifically tailored to the regulation of e-bikes and includes, for example, the requirement of wearing a helmet. It also confers the same authority to counties, which do not currently have mirroring provisions granting ordinance authority for similar regulations over public streets.
Looking forward. As technology advances, e-bike capacity will continue to increase, while cost and convenience will continue to lower the barrier to e-bike ownership. It will be more important than ever for buyers, riders, and local officials to be aware of what products are for sale and what rules apply to operators and passengers. It will also be important to follow the legislature for potential updates such as the proposed legislation discussed earlier. E-bike riders should be aware of local municipal (and perhaps one day, county) ordinances regulating or restricting the use of e-bikes to find out what rules they must follow.
While e-bike technology and the law progress, we will keep an eye on developments. As always, feel free to reach out to me with any questions or comments. I can be reached at elrahal@sog.unc.edu.