The Current State of Electric Bicycles and the Law

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 [...]