Battery powered means of transportation have increased in availability over the last several years and this isn't limited to just cars or trucks. Electric Bikes, or E-Bikes, have become an increasingly popular way to get around the local area without having the requirement of obtaining a license to operate one. There's been some confusion on exactly where these new motor driven bicycles fit into the landscape of the open road. Are they considered to be the same as a motorcycle? A regular bike? Or another vehicle altogether? The following may help to answer these questions:
What is an E-Bike?: An E-bike is essentially a bicycle that integrates an electric motor and a rechargeable battery to help propel the rider, making cycling easier, especially on hills or long distances. Unlike motorcycles, E-bikes still require pedaling though some models include a throttle that allows motorized movement without pedaling. The maximum permitted motor assisted speed is capped at 28 MPH per manufacturing standards in the US. Any higher assisted speed is considered to not be street legal.
Electric Bike Categories
- Class 1 – A bicycle with an electric motor that provides assistance only when operator is pedaling. Motor assistance stops when bicycle speed reaches a speed of 20 MPH.
- Class 2 – A Bicycle with an electric motor that may be used EXCLUSIVELY to propel such bicycle. (No pedaling required) Motor assistance stops when bicycle reaches 20 MPH.
- Class 3 – A bicycle with an electric motor that may be used EXCLUSIVELY to propel such bicycle. (No pedaling required) Motor assistance stops when such bicycle reached a speed of twenty miles per hour. This class of bicycle may only be operated solely within a city with a population of one million or more.
Quick Facts
- No license is required to operate an E-Bike.
- Registration is not required in New York State.
- Must be 16 years of age or older to operate an E-Bike.
- Most laws that apply to regular bicycle operation also apply to E-bikes (ie: hand signals, obeying all traffic control devices, riding on the right side of the roadway, etc.).
- Riding on the sidewalk with an E-Bike is prohibited under New York State Law.
- Like regular bicycles, it is highly recommended that everyone utilizes a helmet when operating an E-Bike. However, only Class 3 E-bikes have the requirement of wearing a helmet at all times under New York State Law.
- E Bikes are required to have a front white light and a rear red light after sunset.
- As of June 1, 2022, all E-Bikes should have a manufacturer's labels that tell you what their maximum speed, wattage, and what class of E-Bike it is.
- E-Scooters have the same basic guidelines of the aforementioned items with the main difference being that they don't have the 3 classes like an E-Bike. An E-Scooter operator is not to exceed 15 MPH on any New York State roadway.
Laws pertaining to E-Bikes
- 1242(2) – Must be 16 or older to operate an E-Bike.
- 1242(5)a - No bicycle with electric assist shall be operated on a sidewalk, except as may be authorized by a local law or ordinance adopted by a city, town or village. (none currently exists within the Town of Brighton)
- 1242(6) – Every person operating a bicycle with electric assist shall yield the right of way to pedestrians.
- 1142(8) – Except as may be otherwise provided by local law, ordinance, order; rule or regulation, a bicycle with electric assist may only be operated on highways with a posted speed limit of thirty miles per hour or less.
- 1142(10) – The operation of a class three bicycle with electric assist outside of a city having a population of one million or more is prohibited.
- 1242a(1a) – DWAI for E-Bikes (violation)
- 1242a(1b) – DWI BAC > .08% for E-Bikes (misdemeanor)
- 1242a(1c) – DWI common law for E-Bikes (misdemeanor)
- 1242a(1d) – DWI drugs for E-Bikes (misdemeanor)
- 1242a(1e) – DWI combination for E-Bikes (misdemeanor)
Summary: All in all riding an E-Bike is the most similar to riding a regular bicycle but due to the addition of the motorized element, it does carry some increased scrutiny to operate one when it comes to the law. Probably the biggest surprise to many people is the fact that one can be charged with DWI if they are operating an E-Bike under the influence of alcohol or other illicit substances. As with any other vehicle or means of transportation, please operate them safely and responsibly to ensure a safe roadway for all travelers. Any questions please don't hesitate to ask.