Federal eBike Laws Explained

Electric bicycles, are becoming more and more popular as a way of transportation and recreation. However, many people are confused about the legal status and regulations of e-bikes in the United States. In this blog post, we will explain what federal law says about e-bikes and how it affects their use on public lands.

What is an e-bike?

An e-bike is a bicycle that has an electric motor that can assist the rider with pedaling or propelling the bike without pedaling. The federal law defines an e-bike as a 2- or 3-wheeled vehicle with fully operable pedals and an electric motor of fewer than 750 watts (1 horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph. This definition distinguishes e-bikes from motorcycles, mopeds, and motor vehicles, which are subject to different regulations.

What does federal law say about ebikes?

The federal law treats e-bikes as consumer products, not as motor vehicles. This means that e-bikes are subject to the same safety standards and regulations as regular bicycles, such as those published by the Consumer Product Safety Commission (CPSC) in section 1500.18 (a) (12) and part 1512 of title 16, Code of Federal Regulations. The federal law also preempts any state law or requirement that is more stringent than the federal law or requirements for e-bikes. However, federal law does not prohibit states from enacting their own laws or regulations for e-bikes that are less stringent or more permissive than federal law.

How can I use an e-bike on public lands?

The use of e-bikes on public lands depends on the jurisdiction and management of each land agency. For example, the National Park Service (NPS) has recently promulgated a rule that allows e-bikes to be used in the same manner as regular bicycles on roads and trails that are open to bicycles within the National Park System. The rule also gives park superintendents the authority to designate areas where e-bikes are allowed or prohibited and to impose additional restrictions or conditions for their use. The rule implements Secretary of the Interior Order 3376, which aims to increase recreational opportunities through the use of e-bikes on lands administered by the Department of the Interior.

Other land agencies, such as the Bureau of Land Management (BLM), the U.S. Forest Service (USFS), and the U.S. Fish and Wildlife Service (FWS), may have different policies and regulations for e-bikes on their lands. Therefore, it is important to check with each land agency before using an e-bike on public lands to ensure compliance with their rules and respect for their resources.

Conclusion

E-bikes are a fun and convenient way to enjoy the outdoors and explore public lands. However, they are also subject to federal laws and regulations that define their legal status and safety standards. Additionally, they may be subject to different rules and restrictions depending on the land agency and location where they are used. Therefore, it is advisable to do some research before riding an e-bike on public lands to avoid any potential issues or conflicts. Happy riding, folks!

Reference

State Electric Bicycle Laws | A Legislative Primer. https://www.ncsl.org/transportation/state-electric-bicycle-laws-a-legislative-primer

Public Law 107–319 107th Congress An Act. https://www.congress.gov/107/plaws/publ319/PLAW-107publ319.pdf