According to PeopleForBikes, motorcycles, regardless of power source, are required to comply with the Federal Motor Vehicle Safety Standards. They also require a motorcycle license or endorsement and must be registered, as well as insured in most states. Bicycles, however, are governed by the US Consumer Product Safety Commission, which makes sense for a purely pedal-powered consumer product. However, some manufacturers are slapping pedals on bikes that are as fast and powerful as motorcycles, and avoiding government oversight under this loophole. Other so-called e-bikes, like the Himiway C1 Kids eBike, have foot pegs and no way to pedal it, automatically classifying it as a motorcycle. This exposes riders to potential legal issues, including not having a motorcycle registration, insurance, or license endorsement. There are countless videos like this one of police stopping people who believe they’re riding an electric bicycle legally, but are not.
PeopleForBikes has proposed a classification system to define specific types of electric bicycles and how they differ from what should be classified as motorcycles:
1) A “class 1 electric bicycle” is a bicycle equipped 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 20 miles per hour.
2) A “class 2 electric bicycle” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
3) A “class 3 electric bicycle” is a bicycle equipped 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, and is equipped with a speedometer.
For all classes, the maximum power output is 750 watts (1 h.p.), and manufacturers and distributors of electric bicycles would be required to apply a class identification label to each electric bicycle.
Anything falling outside of these classifications is not an electric bicycle, but an electric motorcycle. The Schwinn Tornado easily falls into Class 2 with its lower power and performance limits. The Solar E-Clipse 2.0 far exceeds these limits, making it a motorcycle despite its bicycle-like pedals.
So far, 41 states have adopted these electric bicycle classes into state law. The exceptions are Alaska, Hawaii, Kentucky, Montana, Pennsylvania, Rhode Island, North Carolina, Oregon, and South Carolina. Each state has its own unique laws regarding age restrictions, where various classes of bikes can be ridden, mandatory helmet use, etc., but PeopleForBikes maintains a spreadsheet that spells out each state’s nuances.
