Electric Bicycles and the Law

Senate Bill SR 1156

In a word -- Only bicycle laws apply to production electric bicycles.

The US Senate passed SR 1156 and former President Bush signed into law a new US law which regards electric bicycles with fully functional pedals, no more than 750 watts of motor output and a 20 mph top speed as bicyclesî. The new law assigns the governance of electric bicycles to the Consumer Product Safety Commission, and will define a bicycle that has pedals, (and is capable of being propelled by those pedals) an electric motor of no more than 750 watts, and a top speed (on motor only) of 20 mph as a "bicycle." As a bicycle, therefore, you do not need any license, registration, or insurance.

You will, however, see a lot of phony or barely functional pedals on scooters attempting to squeak into this category.

Now, it is still possible that an overzealous police officer may still try to write you a ticket if you have not obeyed the traffic laws. When riding a bike, it is always important to obey traffic laws. But you do not have to show a driver’s license, registration, or any other verification.

The electric bike is one of the few unregulated vehicles of any type. So, it is truly a vehicle of FREEDOM: No license, no registration, no insurance, no GAS! Just a ton of pure fun.

Other Legislation and Related Issues:

In 2001, the U. S. Congress passed Public Law 107-319 which exempts electric bicycles under 750 watts/20 mph from the definition of a motor vehicle only…."for purposes of motor vehicle safety standards.” This means that the manufacturers of these bicycles do not have to meet federal equipment requirements, and are instead governed by the manufacturing requirements of the Consumer Product Safety Act.

Various states have passed their own laws. California law states that no driver's license, license plate, nor insurance is required. You must be 16 years or older and wear a standard bicycle helmet. Electric bikes are subject to all the rules of the road. However, additional laws governing the operation of electric bicycles may be extended by state or local governments. It is therefore legally a bicycle, so you can use it wherever and however you can use a bike. Washington law is similar.

Federal law overrides all States’ laws. That is also true with bicycle law. States cannot constitutionally pass legislation that reduce or eliminate Federal law -- they can only pass legislation that enacts additional (tighter) restrictions on its people. Therefore, no State can enact legislation that allows wattages or speeds greater than the Federal Government’s limit of 750 Watts and a top electric-powered speed of 20MPH. States can only legislate LOWER wattages and top-speeds (which, to our knowledge has not been done by any state). An e-bike can go over 20 MPH, but not by means of the motor.

As a practical matter, police don't notice bikes going too fast, nor have we ever heard of them writing speeding tickets for an electric bike. Gas bikes are another matter as they violate and pollution ordinances and likely do not comply with the law. Again as a practical matter, we have never heard of anyone getting ticketed for just riding an electric bike. If you ride according to traffic laws, you should be fine.

Are there special insurance requirements?

No insurance is required to ride an e-bike. However, if you want to insure it against theft, check your current homeowner's insurance policy. An electric bicycle may be covered. Check with your agent.

Is an electric bicycle considered a zero emission vehicle?

Yes. While some communities only define ZEV's as car replacements, others are looking for alternative ways to reduce sources of mobile pollution. Electric bikes have qualified for electric vehicle credits in some communities. Check with your local environmental management group for clarification. Every time you take a short trip on your electric bicycle rather than a car, you delete a cold start that would have added a significant amount of pollution.

What are the laws regarding mopeds?

Most motor vehicles must be registered with the California Department of Motor Vehicles. Motorized bicycles (mopeds) are exempt from registration (sec. 4020), but must display a special plate issued by the department (sec. 5030).

FAQ’s

Question: If I have a DUI and a suspended or revoked license, can I legally ride an electric bicycle?

Answer: Yes!

Question: If I am an alien working in the United States, can I ride an electric bicycle legally?

Answer: Yes!

Question: If I am under 16, can I ride an electric bicycle legally?

Answer: Yes!

So an electric bike can give you back your mobility, your freedom, and your ability to make a living! Another tremendous use for the electric bike is for those with disabilities. I recently had a total hip replacement, and after two weeks I was able to power around on electric bike. Then I gradually started pedaling more and more, modulating the amount I was pedaling to match my increasing level of fitness. I grew a new and deeper appreciation for electric bikes, because it helped lift my spirits everyday, greatly assisting my rehabilitation, as it transported me to where I wanted to go.

Another wonderful thing about electric bikes is that they may be ridden practically anywhere; street, bike path, trail, even the sidewalk in some places (with discretion). You can ride to a crowded event and pull right up to your destination, lock up your bike and you are there!

And when you ride by the gas station and see that gas sign approaching $5 and you’ll know you’re doing the right thing.