Electric bicycle laws

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Many countries have Electric bicycle laws which legislated to one extent or another the legality of Electric Bicycles. Countries Like the United States and Canada have Federal regulations governing the safety requirements and standards of manufacture. Other countries like the Signatories of the European Union have agreed to wider ranging legislation covering use and safety for what they term EPAC(Electric pedal assisted cycles).

There is however still confusion over the various legislations involving Electric Bicycles. This stems from the fact that while places like the US and Canada offer some Federal regulation, the legality of road use is left to the various States or Provinces and then complicated further by municipal laws and restrictions. Further more there are a range of classifications and terms describing them, "Power-assisted bicycle" (Canada) or "Power assisted cycle" (United Kingdom) or ”Electric pedal assisted cycles” (European Union) or simply "electric bicycles", and as such in some cases have varying laws according to their respective classifications in some places.

Contents 1 Australia 1.1 New South Wales 1.2 Victoria 2 Canada 2.1 Federal Safety requirements 2.2 Provincial requirements for use 2.2.1 Alberta 2.2.2 British Columbia 2.2.3 Ontario 2.2.4 Manitoba 2.2.5 New Brunswick 2.2.6 Newfoundland 2.2.7 Nova Scotia 2.2.8 Prince Edward Island 2.2.9 Quebec 2.2.10 Saskatchewan 3 China 3.1 Hong Kong 4 European Union 4.1 Defined 4.2 Signatories requirements for use 4.2.1 Finland 4.2.2 Italy 4.2.3 Norway 4.2.4 United Kingdom 5 India 6 Israel 7 Japan 8 New Zealand 9 United States 9.1 Federal Laws and Regulation 9.1.1 Defined 9.1.2 Use 9.2 State requirements for use 9.2.1 Comparison of state rules and regulations 9.2.2 Alabama 9.2.3 Arkansas 9.2.4 California 9.2.5 Colorado 9.2.6 Connecticut 9.2.7 District of Columbia 9.2.8 Florida 9.2.9 Hawaii 9.2.10 Indiana 9.2.11 Iowa 9.2.12 Kentucky 9.2.13 Louisiana 9.2.14 Maryland 9.2.15 Massachusetts 9.2.16 Michigan 9.2.17 Minnesota 9.2.18 Nevada 9.2.19 New Jersey 9.2.20 New York 9.2.21 Ohio 9.2.22 Oregon 9.2.23 Pennsylvania 9.2.24 Tennessee 9.2.25 Texas 9.2.26 Utah 9.2.27 Virginia 9.2.28 Washington 10 See also 11 References 12 External links 12.1 Advocacy and Peer Support resources

Australia

Road vehicles in Australia must comply with all applicable Australian Design Rules (ADRs)^[1] before they can be supplied to the market for use in transport (Motor Vehicle Standards Act 1989 Cwth)^[2].

The ADRs contain the following definitions for bicycles and mopeds:

4.2. Two-Wheeled and Three-Wheeled Vehicles

4.2.1. PEDAL CYCLE (AA)

A vehicle designed to be propelled through a mechanism solely by human power.

4.2.2. POWER-ASSISTED PEDAL CYCLE (AB)

A pedal cycle to which is attached one or more auxiliary propulsion motors having a combined maximum power output not exceeding 200 watts.

4.2.3. MOPED - 2 Wheels (LA)

A 2-wheeled motor vehicle, not being a power-assisted pedal cycle, with an engine cylinder capacity not exceeding 50 ml and a ‘Maximum Motor Cycle Speed‘ not exceeding 50 km/h; or a 2-wheeled motor vehicle with a power source other than a piston engine and a ‘Maximum Motor Cycle Speed‘ not exceeding 50 km/h.

(Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories 2005 Compilation 3 19 September 2007)^[3].

The are no ADRs applicable to AA or AB category vehicles. There are ADRs for lighting, braking, noise, controls and dimensions for LA category vehicles, mostly referencing the equivalent UN ECE Regulations. An approval is required to supply to the market any road vehicle to which ADRs apply and an import approval is required to import any road vehicle into Australia^[4].

New South Wales

In New South Wales, motor assisted pedal cycles with electric or petrol engines only need to be registered if the maximum engine output exceeds 200 watts. Riders of cycles exempt from registration must follow the same rules as for cycles without motors, and vehicles requiring registration (mopeds) are treated as motorcycles. [1]fdd

Victoria

A bicycle, which is designed to be propelled by human power using pedals, may have an electric or petrol powered motor attached provided the motor's maximum power output does not exceed 200 watts. [2]

Canada

Federal Safety requirements

Since 2001, Canada's Motor Vehicle Safety Regulations (MVSR) have defined Power Assisted bicycles (PABs). They are currently defined as a two or three wheeled bicycle with an attached electric motor of 500W or less and which is capable of being propelled manually. Furthermore to meet the safety requirements set down by this legislation it must meet the following; when engaged by muscular power it must cease assistance when muscular power ceases or if powered by an accelerator controller cease power when braking and be incapable of providing assistance above 32 km/h and bear a label that is permanently affixed by the manufacturer and appears in a conspicuous location stating the vehicle is a power-assisted bicycle.^[5][6]

This vehicle can be imported and exported freely within Canada without the same restrictions placed on auto-mobiles or a mopeds, although electric bicycles are not allowed in a few jurisdictions.^{[citation needed]}

Provincial requirements for use

Alberta

The Province of Alberta has passed progressive legislation that allows ebikes to be legal for street use in the province, providing they do not have assisted speeds higher than 32 km/h, or an electric motor producing in excess of 750 watts. The bikes must also weigh no more than 35 kgs. ^[7] Operators are required to wear a motorcycle helmet. ^[8]

British Columbia

See documentary: Electric Bicycles in Vancouver

Ontario

Ontario is one of the last provinces in Canada to move toward legalizing power-assisted bicycles (PABs) for use on roads, even though they have been federally defined and completely legal in Canada since early 2001. In November 2005 "Bill 169" received royal assent allowing the Ministry of Transportation of Ontario (MTO) to place any vehicle on road. On October 4 2006 the Minister of Transportation for Ontario Donna Cansfield announced the Pilot Project allowing PABs which meet the federal standards definition for operation on road. PAB riders must follow the rules and regulations of a regular bicycles, wear an approved bicycle helmet and be at least 16 years or older. There are still a number of legal considerations for operating any bicycle in Ontario. ^{[9][10][11][12]}

October 5, 2009 — Ontario is bringing in some new safety requirements for electric bikes. E-bikes, which can reach a speed of 32 kilometres per hour, are allowed to share the road with cars, pedestrians and other traffic throughout the province. The new rules limit the maximum weight of an e-bike to 120 kilograms, require a maximum braking distance of nine metres and prohibit any modifications to the bike's motor that would create speeds greater than 32 kilometres per hour. Also, riders must be at least 16 years of age, wear approved bicycle or motorcycle helmets and follow the same traffic laws as bicyclists. Municipalities will be able to decide where e-bikes may be used on their streets, bike lanes and trails. E-bikes will not be permitted on 400-series highways, expressways or other areas where bicycles are not allowed. Riding an e-bike under the age of 16 or riding an e-bike without an approved helmet carries fines ranging from $60 to $500. For all other traffic offences, e-bike riders will be subject to the same penalties as cyclists.

Manitoba

New Brunswick

Newfoundland

Nova Scotia

In Nova Scotia power-assisted bicycles are classified similarly to standard pedal bicycles. The Nova Scotia Motor Vehicle Act defines a power-assisted bicycle as a bicycle with an electric motor of 500 watts or less, with two wheels (one of which is at least 350 mm) or four wheels (two of which are at least 350mm). PABs are permitted on the road in the province of Nova Scotia as long as you wear an approved bicycle helmet with the chinstrap engaged. They do not have to meet the conditions defined within the Canadian Motor Vehicle Safety Regulations for a motorcycle(they are not classed as "motor vehicles"), but they do have to comply with federal regulations that define Power Assisted Bicycles.

Prince Edward Island

Quebec

In Quebec power-assisted bicycles are often classified similarly to standard pedal bicycles. They do not have to meet the conditions defined within the Canadian Motor Vehicle Safety Regulations (they are not classed as "motor vehicles"), but they do have to comply with federal regulations that define Power Assisted Bicycles. The Quebec Highway Safety Code defines a power-assisted bicycle as a bicycle with an electric motor. PABs are permitted on the road in the province of Quebec.

Saskatchewan

Power assisted bicycles are classified in two categories in Saskatchewan. An electric assist bicycle is a 2 or 3 wheeled bicycle (sic.: 3 wheeled bicycle) that uses pedals and a motor at the same time only. A power cycle uses either pedals and motor or motor only. Both must have engines with 500 watt power or less, and must not be able exceed 32 km/h (20 mph), i.e., electric motor cuts out at this speed or cycle is unable to go this fast on a level surface. The power cycle has to meet the Federal Motor Vehicle Safety Standards for a power-assisted bicycle. The power cycle requires at least a learner's driving licence (class 7), and all of the other classes 1-5 may operate these also. The electric assist bicycle does not require a licence. Helmets are required for both. Both are treated as bicycles regarding rules of the road. Gas powered or assisted bicycles are classified as motorcycles regardless of engine size or if using pedals plus motor. Stickers identifying the bicycle's compliance with the Federal classification may be required for power cycles by some cities or municipalities. ^[13]

China

See Documentary on Electric Bicycles in China.

The "e-bicycle" was legally recognized as a non-mechanically operated vehicle in China. According to "TECHNOLOGY WATCH", this should help promote its widespread use. [3]

Electric bicycles were banned in some areas of Beijing from August 2002 to January 2006 due to concerns over environmental, safety and city image issues. Beijing has re-allowed use of approved electric bicycles as of Jan 4. 2006. See article Beijing OKs electric bicycles to ease traffic.

Some cities in China still ban electric bikes.

Hong Kong

Under the doctrine of One Country, Two Systems, Hong Kong has independent traffic laws from mainland China. Electric bikes are considered motorcycles in Hong Kong, and therefore need type approval from the Transport Department, just as automobiles. All electric bikes available in Hong Kong fail to meet the type approval requirement, and the Transport Department has never granted any type approval for an electric bike, making all electric bikes effectively illegal in Hong Kong. Even if they got type approval, the driver would need a motorcycle driving license to ride^[14]. As a side note, Hong Kong doesn't have a moped vehicle class (and therefore no moped driving license), and mopeds are consided motorcycles too.

European Union

Defined

Electrically-assisted cycles are usually classified as either pedelecs or e-bikes. Under European Union regulations adopted in the UK in June 2003, only power-assisted cycles meeting the pedelec classification are considered to be pedal cycles. The maximum power allowed in the European Union for (pedelec) electric bicycles is 250 W, with a maximum assisted speed of 25 km/h.^[15]. To meet the pedelec specification the electric motor must be activated by the rider's pedalling effort and the power must cut out completely whenever the rider stops pedalling. Control of the motor by pedalling is often the key difference between a pedelec and e-bike.

A new European product safety standard EN 15194 will be published in 2009. EN 15194 contains several new requirements for ebikes to be sold in European Union and European Economic Area, including weight and voltage limitations. EN 15194 also defines a specific name for EU approved electrically-assisted cycles, EPAC - "Electrically Pedal Assisted Cycle".

Earlier UK regulations required that the motor has an average power output limited to 200 W (250 W for tricycles and tandems) and weight limited to 40 kg (60 kg for tricycles and tandems). These regulations must come in-line with the EU regulations by (find deadline). For models sold before June 2003, e-bikes conforming to the speed, weight and power limits may also be considered pedal cycles. Electric bikes with higher power outputs, or those not meeting the "pedelec" definition are now treated as motorcycles and require a license.

Signatories requirements for use

Finland

A bicycle can have a 250 W electric motor providing the top speed is limited to 25 km/h. Also the motor can only assist as one pedals^{[citation needed]}.

Italy

See Electric Bicycle and Electric Scooter Public Charging Station ^[16]

Norway

Being member of European Economic Area (EEA), Norway implemented the European Union directive 2002/24/EC. This directive defined legal ebikes for all EU and EEA countries to "Cycles with pedal assistance which are equipped with an auxiliary electric motor having a maximum continuous rated power of 0.25 kW, of which the output is progressively reduced and finally cut off as the vehicle reaches a speed of 25 km/h or if the cyclist stops pedaling.” The definition became part of Norwegian vehicle legislation^[17] in 2003. A more detailed specification will become effective when the new European ebike product safety standard EN 15194 is published in 2009.

United Kingdom

See Electrically Assisted Pedal Cycle Regulations 1983 ^[18], and Summary of UK Legal requirements ^[19].

India

Indian law requires that all electric vehicles have ARAI^[20] approval. Vehicles with below 250W and speed of less than 25 km get this very easily, whereas more powerful vehicles need to go through a full testing process following CMVR rules. This can take time and cost money and has been holding up the EV market in India for some time now.

Israel

The Israeli Ministry of Transportation is reviewing some options, currently between the US, Canada and the EU legislation, the EU is most favored but the legislation has not yet to be finally determined.

Japan

Regulations on electric bicycles in Japan

New Zealand

Vehicles with motor output power of less than 300W are classified as "not a motor vehicle". Such electric bicycles must comply with the same rules as bicycles.

United States

Federal Laws and Regulation

Defined

The U.S. NHTSA Code of Motor Vehicle Safety simply defines low-speed electric bicycles as consumer products and not Motor Vehicles for safety standards^[21]. In doing so they vest authority over commercial safety standards to the Consumer Product Safety Commission.

The Consumer Product Safety Commission(CPSC) stipulates that commercially manufactured low-speed electric bicycles, or tricycles, must have fully operable pedals, an electric motor of less than 750W of power and a top motor-powered speed not in excess of 20 miles per hour (32 km/h).^[22] An electric bike remaining within these specifications will be regarded simply as a bicycle for purposes of safety standards. This supersedes any state law that is more stringent, but only regarding safety equipment required on electric bicycles and the standard of manufacture they must meet.^[23]. The legislation enacting this amendment to the CPSC is also known as HR 727^[24].

No known federal regulations apply to the manufacture of homebuilt electric bicycles.

Use

As of 2005, where Federal funds have been used in the construction of bicycle or pedestrian paths motor vehicles including electric bicycles (here defined as having a motor weighing less than 100 lb (50 kg)) are not permitted unless State or Local regulations permit ^[25]. This was known as the Transportation Equity Act for the 21st Century (TEA-21), or Public Law 105-178, or by its 2003 re-authorization which expired in 2005 the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU).^[26][27]

In total, the current federal legislation leaves the legality of operation on public rights-of-way to the discretion of individual States and municipalities.

State requirements for use

Comparison of state rules and regulations

• Identity: How exactly does legislation identify the electric bicycle?
• Type: How does the law define vehicle type.
• Max Speed: Maximum speed at which the electric bicycle is permitted to travel.
• Max Power: Maximum motor power, or engine size, permitted.
• Helmet: Is usage of a helmet mandatory?
• Minimum Age: Operator's minimum age?
• License: License or endorsement required?

State	Identity	Type	Max speed	Max power	Helmet	Min age	License
Alabama	Motor-driven cycle	?	?	?	?	14	Yes
Alaska
Arizona
Arkansas	Motorized bicycle	?	?	50cc	?	10	Yes
California	Electric bicycle	Bicycle	20MPH	1,000W	Yes	16	No
Colorado	?		20MPH	1HP or 1,000W	?
Connecticut
Delaware
District of Columbia	Motorized bicycle		35 MPH	1.5 hp or 50cc	?	18	YES
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland	Moped		30 mph	1.5 brake hp or 50cc	No		Yes
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
State	Identity	Type	Max speed	Max power	Helmet	Min age	License

Alabama

Every bicycle with a motor attached is defined as a motor-driven cycle.^[28]

The operation of a motor-driven cycle requires a class M driver license. Restricted class M driver licenses are available for those as young as 14 years of age.^[29]

Arkansas

Arkansas does not define E-bikes. The following definition describes a combustion engine. E-bikes being electric do not have a cylinder capacity and thus this law is not technically applicable.

The state defines a "Motorized bicycle" as "a bicycle with an automatic transmission and a motor of less than 50cc."^[30]

Riders require either a certificate to operate a motorized bicycle, a motorcycle license, a motor-driven cycle license, or a license of class A, B, C or D. Certificates cannot be issued to riders under 10 years of age.^[31]

California

Electric Bicycles are defined by the California Vehicle Code ^[32][33]. In summary, electric bicycles are to be operated like conventional bicycles in California. There are several exceptions to this. A person must be at least 16 years old, and anyone riding an electric bicycle must wear a bicycle helmet. The e-bikes must have an electric motor that has a power output less than 1,000 watts, is incapable of propelling the device at a speed of more than 20 miles per hour on level ground, is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour, operates in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operates in a manner such that the motor is engaged through a switch or mechanism that, when released, will cause the electric motor to disengage or cease to function.

Driver's licenses, registration, insurance and license plate requirements do not apply. A motorized bicycle is not a motor vehicle. A motorized bicycle shall only be operated by a person 16 years of age or older. Drinking and driving laws apply. Additional laws or ordinances may apply to the use of electric bicycles by each city or county ^[34]

Colorado

Ebike definition in Colorado follows the HR 727 National Law: 20 mph (30 km/h) e-power and 750 W (1 hp) max, 2 or 3 wheels, pedals that work. Legal low powered Ebikes are allowed on roads and bike lanes unless the city or county has passed laws to the contrary (Boulder city bans ebikes over 400W from bike lanes and all ebikes from bike paths) -none -(except Boulder city) have to date. Bicycles and Ebikes are disallowed on certain high speed highways and all Interstates unless signed as "Allowed" in certain rural Interstate stretches where the Interstate is the ONLY means of travel. ^[35] Unless the locality has specifically passed laws making ebikes illegal on sidewalks or trails, Ebikes are legal. However most business and shopping districts do not allow riding bikes or ebikes on sidewalks. Boulder and a few other cities specifically dis-allow ebikes on their trail systems through legal statute.

There is a misconception that when "motor vehicles" or "motorized vehicles" are disallowed by law or by signage, this would make ebikes illegal on trails. This is untrue in Colorado. In Colorado and many other states, these terms do NOT include "legal low power electric assist bicycles", and can only be banned by passing a specific local law.^[36]

Connecticut

Regulations^[37] appear to deal with Bicycles with helper motors. No person shall ride a bicycle with a helper motor unless that person holds a valid motor vehicle operator's license. No person shall operate a bicycle with a helper motor at a rate of speed exceeding thirty miles per hour; nor shall any bicycle with a helper motor be operated on any sidewalk, limited access highway or turnpike. Driver's licence is required except if a special permit is obtained by havnig a doctor fill out a certificate and shows they are able to drive the bike with and without the motor assisting.

Bicycle includes all vehicles propelled by the person riding the same by foot or hand power or a helper motor; and (3) "helper motor" means a motor having a capacity of less than fifty cubic centimeters piston displacement, rated not more than two brake horsepower, capable of a maximum speed of no more than thirty miles per hour and equipped with automatic transmission. Local jurisdictions can pass law at variance with the state law.

District of Columbia

Electric-assist and other "motorized bicycles" ^[38] must be registered and inspected, and must have insurance. The vehicle, which may have two or three wheels, may not exceed 35 miles per hour on level ground and may not have an engine which exceed 1.5 brake horsepower. Wheels must be at least 16 inches in diameter. The driver must be licensed and at be least 18 years old.

Florida

Florida DMV Procedure RS-61 II. "(B.) Dirt bikes noted for off road use, motorized bicycles and Go-Peds are not registered." ^[39]

Electric Helper-Motor Bicycles
If you are at least 16 years old, you may ride a bicycle that is propelled by a combination of human power (pedals) and an electric helper-motor that cannot go faster than 20 mph on level ground without a driver license.^[40]

Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
316.003 Definitions.--
(2) BICYCLE.--Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour on level ground upon which any person may ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position or a scooter or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle.

(82) MOTORIZED SCOOTER.--Any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle at a speed greater than 30 miles per hour on level ground. ^[41]

In addition there are several judicial rulings on the subject. ^[42]

Hawaii

Electric Bicycles in Hawaii are considered a Illegal motorized vehicle

"Bicycle" [4] means every vehicle "propelled solely by human power" upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels except a toy bicycle. ^[43]

"Moped" means a device upon which a person may ride which has two or three wheels in contact with the ground, a motor having a maximum power output capability measured at the motor output shaft, in accordance with the Society of Automotive Engineers standards, of two horsepower (one thousand four hundred ninety -two watts) or less and, if it is a combustion engine, a maximum piston or rotor displacement of 3.05 cubic inches (fifty cubic centimeters) and which will propel the moped, unassisted, on a level surface at a maximum speed no greater than thirty miles per hour; and a direct or automatic power drive system which requires no clutch or gear shift operation by the moped driver after the drive system is engaged with the power unit.

Indiana

• An ACT to amend the Indiana Code concerning motor vehicles.

Iowa

In 2006 a bill was passed that changed the definition of a bicycle to include a bicycle that has an electric motor of less than 1 hp (1 kW). The new definition, found in Iowa Code section 321.1(40)c states:

"Bicycle" means either of the following: (1) A device having two wheels and having at least one saddle or seat for the use of a rider which is propelled by human power. (2) A device having two or three wheels with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden, is less than 20 miles per hour.^{[citation needed]},

Kentucky

Electric bicycle fits under the definition of "moped" under Kentucky law. You don't need tag or insurance, but you need a driver's license. "Moped" means either a motorized bicycle whose frame design may include one (1) or more horizontal crossbars supporting a fuel tank so long as it also has pedals, or a motorized bicycle with a step-through type frame which may or may not have pedals rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cubic centimeters, an automatic transmission not requiring clutching or shifting by the operator after the drive system is engaged, and capable of a maximum speed of not more than thirty (30) miles per hour^[44][45] Helmets are required.

Louisiana

• Louisiana Department of Public Safety - Mopeds, or Motorized Bicycles

Maryland

Maryland generally classifies an electric bicycle as a moped. "Moped" means a bicycle that: (1) Is designed to be operated by human power with the assistance of a motor; (2) Is equipped with pedals that mechanically drive the rear wheel or wheels; (3) Has two or three wheels, of which one is more than 14 inches in diameter; and (4) Has a motor with a rating of 1.5 brake horsepower or less and, if the motor is an internal combustion engine, a capacity of 50 cubic centimeters piston displacement or less. (§11-134.1 of the Maryland Transporation Code) [5]

Mopeds are specifically excluded from the definition of "motor vehicle" per § 11-135 of the Maryland Transporation Code.

Registration, helmets and insurance are not required (except that all bicycle riders under the age of 16 must wear helmets.) A drivers license from Maryland or another state, or a moped operator's permit is required. Parental consent is required to obtain a moped operator's permit for operators under age 18.

Mopeds may not be operated on sidewalks, on roadways with posted speeds in excess of 50 mph, or on limited-access highways.

Standard requirements for bicycle lighting, acceptable bicycle parking locations, and prohibitions on wearing earplugs or headsets over both ears apply.

Massachusetts

The legal definition/description of an electric bicycle is most closely described in the code as a "motorized scooter" in that it is powered by an electric motor and/or human power ^[46]. It may be also be described as a "Motorized bicycle". However, that description does not include electric powered motor specifically. And it appears that the legal definition "Motorized Bicycle" and "Motorized Scooter" are in conflict. Motorized bicycle is a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour. A motorized bicycle shall not be operated upon any way, as defined in section one within the commonwealth by any person under sixteen years of age, nor at a speed in excess of twenty-five miles per hour. A motorized bicycle shall not be operated on any way by any person not possessing a valid driver’s license or learner’s permit. Every person operating a motorized bicycle upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this section, except that the motorized bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, and the motorized bicycle operator shall signal by either hand his intention to stop or turn. Motorized bicycles may be operated on bicycle lanes adjacent to the various ways, but shall be excluded from off-street recreational bicycle paths. Every person operating a motorized bicycle or riding as a passenger on a motorized bicycle shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe, and no person operating a motorized bicycle shall permit any other person to ride a passenger on such motorized bicycle unless such passenger is wearing such protective headgear.

Michigan

Rose Heyer and Josie Tabor of Dept Tech, Department of State Information Center, the Secretary of State and the office of ROCK AND BORGELT, P.C., Attorneys at Law, 24500 FORD ROAD, SUITE 10 DEARBORN HEIGHTS, MI 48127-3106, determined electric bicycles are considered mopeds and need registered and licensed. In order to operate an electric bicycle on public streets, the driver must have a valid operator, chauffeur, or special moped license. However, not all electric bicycles are street legal unless they have the following safety equipment: operating brake light, headlight, and turn signals. The local police department must inspect the bicycle using Form TR-54 which is taken with proof of purchase to the DMV. The fee for the plate is $15 for a three year decal, whereas the fine for no decal is $150 per incident.

Minnesota

To legally operate a motorized bicycle or electric-assisted bicycle the operator must be licensed, the motorized bicycle/electric-assisted bicycle must be registered in one of the following definitions and meet the required safety equipment. If the operator or the motorized bicycle/electric- assisted bicycle does not meet all requirements, they will not be legal for street/highway use (including the sidewalk).To qualify as a motorized bicycle under state law they need to have motor of a piston displacement capacity of 50 cubic centimeters or less, maximum of two brake horsepower, maximum speed of not more than 30 mph (50 km/h) on a flat surface, fully operable pedals for human propulsion are not required, but may be a part of the machine.

To qualify as an electric-assisted bicycle under state law they need to have a seat and fully operable pedals for human propulsion, meet federal motor vehicle safety standards, an electric motor that has a power output of not more than 1,000 watts, maximum speed of not more than 20 mph (electric motor and human power combined), disengages or ceases to function when the vehicle’s brakes are applied, two or three wheels

To operate a motorized/electric-assisted bicycle on the streets or highways a person must have a valid driver’s license or a motorized bicycle permit. A person under the age of 16 operating a motorized/electric-assisted bicycle under a motorized bicycle permit is subject to restrictions of no passengers (a parent or guardian my ride if the motorized/electric assisted bicycle is equipped with a seat and footrests for a passenger), no night driving, driving on any highway marked as an interstate, must wear a helmet, foot rests for passengers (if designed for passenger(s). A motorized bicycle permit is available to persons of at least 15 years of age who have passed the motorized bicycle test or passed a motorized bicycle course. A motorized bicycle would need the same coverage as a motorcycle would in this state. An electric-assisted bicycle would not need coverage.

Operators are subject to driving rules and equipment requirements (if applicable) when operated on the public streets or highways (which includes the main traveled portion of the road, shoulder and sidewalk). This means that an operator could be cited for speeding, failure to signal, unsafe change of course, driving on the sidewalk, DWI (this would apply to anywhere in the state and not just the streets/highways), and all other driving rules contained within state law that would apply. They may also not ride more than two abreast and may not impede the normal and reasonable movement of traffic. On a laned roadway, they must operate within a single lane.^{[citation needed]}

Nevada

As of May 19, 2009, Nevada amended its state transportation laws to explicitly permit electric bicycles to use any "trail or pedestrian walkway" intended for use with bicycles and constructed with federal funding, and otherwise generally permits electric bicycles to be operated in cases where a regular bicycle could be. An electric bicycle is defined as a two- or three-wheeled vehicle with fully operable pedals with an electric motor producing up to 1 gross brake horsepower and up to 750 watts final output, and with a maximum speed of up to 20 miles per hour on flat ground with a 170 pound rider when powered only by that engine. (AB441, amending NRS 480, 482 and other sections)

New Jersey

Under New Jersey law a motorized bicycle is "a pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or
said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than
25 miles per hour on a flat surface."^[47]
This would include E-bikes, meaning they must be titled and registered. However, only MOPEDs approved by Motor Vehicle Services can be titled and registered.
When last checked, no E-bikes satisfied this requirement, so ebikes cannot be registered in New Jersey^[48].

Motorized tricycles are not legal on public roadways and sidewalks in New Jersey.^[49] Likewise, motorized scooters are only permitted for riders with mobility-related disabilities.^[50]

New York

Electric motor assisted bicycles have been banned in the State of New York and are not permitted for on-road use.^[51][52] It appears the only known allowance of an electric bicycle is if it is an electric powered moped, at this time. There is a proposed bill to allow ebikes. As of May 2009, Bill A2393("Defines the term electric assisted bicycle") has been passed in the NY State Assembly^[53] and its corresponding Bill S4014, sponsored by Senator Thomas Morahan, is before the NY State Senate.^[54]

Ohio

As long as the electric bicycle meets three criteria it is considered a low-speed electric bicycle, or simply a "bicycle." Three criteria: must travel less than 20 mph on flat ground without pedaling, must have functional pedals and must have less than a 750 watt motor. This is the same criteria as Federal Public Law 107-319. I checked my facts with the law office of Spohn, Spohn & Zeigler at 144 East Center Street, Marion, OH 43302 on August 21, 2009. A low-speed electric bicycle does not require registration, insurance, license plates (tags), or a driver's license. The rules of an electric bicycle are the same as a traditional bicycle. There is some confusion caused by Ohio interchanging the word Moped with "motorized bicycle." If a dealer sells you a bike that follows the guidelines of Federal Public Law 107-319, then you have a bicycle. If the bike has no pedals or has a higher wattage motor than 750 watts or can travel faster than 20mph you have a moped or scooter; Ohio requires tags and registration for mopeds and scooters.

Oregon

Oregon Law (ORS 801.258) defines an electric assisted bicycle as an electric motor-driven vehicle equipped with operable pedals, a seat or saddle for the rider, no more than three wheels in contact during travel. In addition, the vehicle must be equipped with an electric motor that is capable of applying a power output of no greater than 1,000 watts, and that is incapable of propelling the vehicle at a speed no greater than 20 miles per hour on level ground.^[55]

Pennsylvania

State law defines a motorized pedalcycle as a motor-driven cycle equipped with operable pedals, a motor rated at no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission, and a maximum design speed of no more than 25 miles per hour.^[56] Subchapter J of Publication 45 spells out the vehicle requirements in full.

As of 2008 a standard class C license, proof of insurance, and registration (annual fee: $9.00) are required for operation of any motorized pedalcycle in Pennsylvania.

The definition was clearly written with gasoline-powered pedalcycles in mind. The requirement of an automatic transmission is troublesome for those who just want to add an electric-assist motor to a bicycle, for almost all bicycles have transmissions consisting of chains and manually shifted sprockets. The registration form asks for a VIN, making it difficult to register some foreign-made ebikes. The fine for riding an unregistered electric bike is approximately $160.00 per event as of 2007.

Tennessee

It appears Tennessee has not passed any legislation that applies to electric bicycles. Some people think the laws pertaining to a Motorized Bicycle should be used for an electric bicycle. However, a Motorized bicycle would be a gasoline powered device per state law as it is defined as "means a vehicle with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty miles per hour (30 mph) on level ground." ^[57]

Motorized Bicycle: The motorized bicycle does not have to be registered nor does a certificate of title need to be obtained. An owner may register the vehicle under regulations issued by the Commissioner of Safety.
No endorsement is required on a driver license in order to operate a motorized bicycle, thus the motorized bicycle may be operated by anyone with a valid driver license. Goggles, windshields and other special equipment required for motorcycles and motor-driver cycles are not required for operation of a motorized bicycle. However, crash helmets are required regardless of operators age. Minors between the ages of 14 and 16 may apply for a restricted license to operate a motorized bicycle, just as they would to operate a motor-driver cycle. For instance, they must take a written test, vision tests and demonstrate their ability to operate the motorized bicycle. The license issued will be restricted to a motorized bicycle only. The license is valid only during daylight hours and within a seven-mile (11 km) radius of the driver's home. Applicants for any type of license less than eighteen (18) years old, must complete a Minor/Teen-age Affidavit and Cancellation form making the parent or legal guardian financially liable for the applicants action. ^[58]

Texas

"Bicycles" and "Electric Bicycles" are legally defined in the Texas Transportation Code Chapter 551., titled "Operation of Bicycles, Mopeds, and Play Vehicles" in Subchapter A, B, C, and D.^[59] The following definition of electric bicycle was passed by the Texas legislature in 2001. "Electric bicycle" means a bicycle that is designed to be propelled by an electric motor, exclusively or in combination with the application of human power, cannot attain a speed of more than 20 miles per hour without the application of human power; and does not exceed a weight of 100 pounds. The department or a local authority may not prohibit the use of an electric bicycle[0] on a highway that is used primarily by motor vehicles. The department or a local authority may prohibit the use of an electric bicycle[0] on a highway used primarily by pedestrians.

"Medical Exemptions" are also a standard right in the State of Texas for motorcycles & even bicyclists. Through Texas's motorcycle helmet law (bicycle helmet laws from city ordinances), it is only required for those 21 years old or younger to wear a helmet. However, a medical exemption, ^{[60][61][62][63][64][65]} written by a certified licensed medical physician or licensed chiropractor, which exempts one from wearing a helmet, can be used for bicyclists if helmets are required.

Utah

According to Utah Code (http://publicsafety.utah.gov/dld/documents/MotorcyclesandSimilarVehicles9-08.pdf) a motor-driven cycle means:

Electric assisted bicycle – A moped with an electric motor with a power output of not more than 1,000 watts and is not capable of propelling the device at a speed of more than 20 MPH on level ground, or increasing the speed of the device when human power is used.

A driver license is required to operate a motorized bicycle; however a motorcycle endorsement is not.

Virginia

"Electric power-assisted bicycle" means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than 1,000 watts that reduces the pedal effort required of the rider. For the purposes of Chapter 8 of this title, an electric power-assisted bicycle shall be a vehicle when operated on a highway.^[66]

Every person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or an animal or driving an animal on a highway shall be subject to the provisions of this chapter and shall have all of the rights and duties applicable to the driver of a vehicle, unless the context of the provision clearly indicates otherwise.

Washington

"Electric-assisted bicycle" means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than one thousand watts, be incapable of propelling the device at a speed of more than twenty miles per hour on level ground, and be incapable of further increasing the speed of the device when human power alone is used to propel the device beyond twenty miles per hour.^[67]

No person may drive either a two-wheeled or a three-wheeled motorcycle, or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles. No driver's license is required for operation of an electric-assisted bicycle if the operator is at least sixteen years of age. Persons under sixteen years of age may not operate an electric-assisted bicycle. Persons operating electric-assisted bicycles shall comply with all laws and regulations related to the use of bicycle helmets. Electric-assisted bicycles and motorized foot scooters may have access to highways of the state to the same extent as bicycles. Electric-assisted bicycles and motorized foot scooters may be operated on a multipurpose trail or bicycle lane, but local jurisdictions may restrict or otherwise limit the access of electric-assisted bicycles and motorized foot scooters, and state agencies may regulate the use of motorized foot scooters on facilities and properties under their jurisdiction and control.

See also

• Electric bicycles

References

1. ^ http://www.infrastructure.gov.au/roads/motor/design/adr_online.aspx
2. ^ http://www.comlaw.gov.au/ComLaw/Management.nsf/lookupindexpagesbyid/IP200401524?OpenDocument
3. ^ http://www.comlaw.gov.au/ComLaw/Legislation/LegislativeInstrumentCompilation1.nsf/framelodgmentattachments/2D9B915E8B3806F5CA2573690015E79A
4. ^ http://rvcs-prodweb.dot.gov.au/
5. ^ http://www.canlii.org/en/ca/laws/regu/crc-c-1038/latest/crc-c-1038.html
6. ^ http://www.tc.gc.ca/mediaroom/backgrounders/b01-R050.htm
7. ^ Alberta Legislation, Dec 21/06
8. ^ Government of Alberta, Infrastructure and Transportation, Power Bicycles, Mopeds, Motorcycles, Mobility Aids, Off-Highway Vehicles and Prohibited Miniature Vehicles - Rules and Regulations applying to small vehicles, February 2007
9. ^ Ontario cycling document
10. ^ MTO press release Oct 4, 2006
11. ^ Ontario: more details
12. ^ FAQs on Ontario pilot test
13. ^ Electric cycles and scooters - Saskatchewan
14. ^ Transport Department, The Government of the Hong Kong Special Administrative Region. "Frequently Asked Questions - Driver Licensing - Does the use of electric skateboard and electric bike require a licence?". http://www.td.gov.hk/public_services/frequently_asked_questions/driver_licensing/index.htm#b12. Retrieved 2009-09-11. 
15. ^ EU definition for "pedelec" style electric-assist bicycle
16. ^ Electric Bicycle and Electric Scooter Public Charging Station (Florance Italy)
17. ^ Kjøretøyforskriftene, §4-1 chapter 5 section g.
18. ^ Electrically Assisted Pedal Cycle Regulations 1983 (United Kingdom)
19. ^ Summary of UK Legal requirements
20. ^ ARAI
21. ^ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+607+2++
22. ^ CPSC Requirements for Low-Speed Electric Bicycles
23. ^ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+2057+0++
24. ^ http://thomas.loc.gov/cgi-bin/bdquery/z?d107:h.r.727:
25. ^ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+4058+0++
26. ^ http://www.fhwa.dot.gov/tea21/
27. ^ http://www.fhwa.dot.gov/safetealu/
28. ^ http://alisondb.legislature.state.al.us/acas/codeofalabama/1975/32%2D1%2D1.1.htm
29. ^ Alabama Motorcycle Operator Manual
30. ^ http://www.arkleg.state.ar.us/SearchCenter/Pages/ArkansasCodeSearchResultPage.aspx?name=27-20-101.Definitions.
31. ^ Arkansas situation: The information is noted to have been prepared by Deputy Attorney General Elisabeth A. Walker
32. ^ California Vehicle Code section 406(b)
33. ^ CVC 24016 "Motorized Bicycle Electric Motor: Safety and Equipment Requirements"
34. ^ California department of motorised vehicles
35. ^ Colorado memo about ebikes
36. ^ TEA-21 Federal DOT Law
37. ^ Complete Connecticut State Law Title 14 Section. 14-286 Through 14-289
38. ^ http://dmv.dc.gov/pdf/NontraditionalMotorVehiclechart.pdf
39. ^ http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/RS/RS-61.pdf
40. ^ http://www.flhsmv.gov/ddl/mopeds1.html
41. ^ http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC003.HTM&Title=-%3E2006-%3ECh0316-%3ESection%20003#0316.003section
42. ^ http://visforvoltage.org/forum/5663-port-saint-lucie-florida-court-trying-classifie-my-eb-unregisterd-motor-v
43. ^ http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0001.htm
44. ^ Kentucky law: Sect. 186.010
45. ^ Kentucky cycling club law review
46. ^ Massachusetts law
47. ^ http://law.justia.com/newjersey/codes/dcb6/dcb8.html
48. ^ http://www.state.nj.us/mvc/Licenses/MotorizedBicycle.htm
49. ^ New Jersey moped law
50. ^ C.39:4-14.12
51. ^ New York state law
52. ^ New York State DMV's "Frequently Asked Questions" website
53. ^ NY Assembly Bill A2393
54. ^ NY Senate Bill S4014
55. ^ http://www.oregon.gov/ODOT/DMV/vehicle/pocketbike_factsheet.shtml
56. ^ Pennsylvania law
57. ^ Tennessee Code 55-8-101 http://michie.lexisnexis.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=
58. ^ Electric Bicycles in Tennessee
59. ^ Texas Transportation Code Sec. 551
60. ^ Iron Horse Motorcycle Helmets Texas TX State Motorcycle Laws
61. ^ Texas Motorcycle Helmet Law
62. ^ Mandatory Helmet law
63. ^ Texas Motorcycle Helmet Laws
64. ^ Links to Bicycle Helmet Law Exemptions
65. ^ http://www.txdps.state.tx.us/ftp://forms/msb.doc
66. ^ Virginia Law
67. ^ WASHINGTON STATE LAWS as of Jan 2005

External links

Advocacy and Peer Support resources

• LaFree Electric Bicycles community forum
• Electric Bicycles UK community forum
• Dealers of YASH ebike community forum
• V is for Voltage electric bicycle section
• Endless Sphere Technology Electric Bicycle Community Forum(all types, reviews, etc.)
• UK Electric Bike Forum
• Forum for owners of Panasonic-powered electric bikes
• EVFuture, Portal with interesting information and discussions about electric bikes in India
• Electric Bicycles