Love them or hate them, electric bikes continue to grow in popularity. At the same time, lawmakers have struggled to keep up with the development of technologies. Every week I receive several requests from people trying to understand North Carolina’s e-bike laws. If you’re confused, you’re not alone.
We could easily fill a book with all the latest information and laws related to e-bikes, but for now we’re focusing on the different classifications and how they affect North Carolina’s e-bicyclists.
ELECTRIC BIKE CLASSIFICATIONS
Federal law and the majority of state laws (except North Carolina) divide electric bicycles into three tiers:
Class 1: Electric bicycles with pedal assistance only, without accelerator and having a maximum assisted speed of 20 mph.
Class 2: Electric bikes equipped with a throttle assist motor that can propel the bike at a maximum speed of 20 mph without pedaling.
Class 3: Pedal-assist electric bikes only, without throttle and having a maximum assisted speed of 28 mph.
(see 23 USC 217(j)(2)(B)).
California was the first state to adopt the three-tier system in 2015. The Federal Highway Transportation Safety Administration (FHTSA) adopted the definition in its regulations in 2021. Before that, under federal law, the “electric bicycle » was defined as “any bike”. or a tricycle with a low-power electric motor weighing less than 100 pounds, with a maximum motor speed not exceeding 20 miles per hour.
Newer classifications allow more motorized bicycles to qualify as electric bicycles, but for what purpose? Many motorized bicycles on the road today are ridden as if they were electric bicycles, but exceed the power or speed limits (or both) of most definitions of electric bicycles.
At the national level, the FHTSA and the Consumer Product Safety Commission (CPSC) are responsible for enforcing regulations; but enforcement, if it exists at all, is minimal. This means that some companies make and sell “e-bikes” that aren’t e-bikes. A bicycle that is not an e-bike is expected to meet stricter equipment requirements, for example regarding lighting and braking.
WHAT IS AN ELECTRIC BIKE IN NORTH CAROLINA?
North Carolina put its definition of electric bicycle into law in 2016 and does not use the three-tier system under North Carolina law.electrically assisted bicycle” means:
A two- or three-wheeled bicycle equipped with a seat or saddle intended for the rider, fully operable pedals for human propulsion, and an electric motor of not more than 750 watts, whose maximum speed on a flat surface when powered solely by such an engine does not exceed 20 miles per hour.
(North Carolina General Statute 20-4.01(7(a)) North Carolina’s definition is narrower than states that use the three-tier system. The most obvious differences are (1) e-bikes Class 3 would not be considered electric bicycles under North Carolina law, and (2) under North Carolina law, it does not matter whether the bicycle is equipped with a throttle.
Bottom line: If a bike used in North Carolina has a motor greater than 750 watts or can go faster than 20 mph on motor power alone, then it is not an electric bike. So what is it and what does it mean for the person driving it?
The only remaining possible definitions (also in section 20-4.01) that might be suitable are:
(27) Passenger vehicles:
h. Motorcycles. – Vehicles equipped with a saddle for use by the rider and designed to travel on a maximum of three wheels in contact with the ground, including autocycles, scooters and engine‑driven bikesbut excluding… electrically assisted bicycles and mopeds.
I. Engine‑bike driven. – A vehicle with two or three wheels, a steering handle, one or two saddles, pedals and a motor that cannot propel the vehicle at a speed greater than 20 miles per hour on a flat surface. This term does not include an electrically assisted bicycle as defined in subdivision (7a) of this section..
j. moped. – A vehicle, other than a motorized bicycle or an electrically assisted bicycle, which has two or three wheels, no external gear changing device, an engine whose piston displacement does not exceed 50 cubic centimeters and cannot propel the vehicle at a speed greater than 30 miles per hour on a flat surface…
(23) Motor vehicle. – Any self-propelled vehicle and any vehicle intended to travel on the roads and pulled by a self-propelled vehicle. Unless expressly provided otherwise, This term does not include mopeds or electrically assisted bicycles.
The type of bicycle, if equipped with a motor but does not meet the definition of “electrically assisted bicycle”, depends on the particular characteristics of the bicycle. If it doesn’t have an external gear shift and doesn’t exceed 30 mph, it’s probably a moped. If it has a motor greater than 750 watts but has an external gear shift and/or can exceed 30 mph, then it is a “motor bike” or “motorcycle.” A “motor bike” is treated the same as a motorcycle.
WHY IT IS IMPORTANT
License and insurance: Motorcycle drivers must be licensed and insured. If your bike is not an electric bike or moped, you must be licensed and have insurance to drive. The bike must also be registered with the North Carolina DMV.
Motor Vehicle Laws: Certain laws under the North Carolina Motor Vehicle Safety Act apply only to motor vehicles. For example, laws regarding close supervision and carrying open containers of alcohol apply specifically to drivers of motor vehicles (note that impaired driving laws apply to all drivers of motor vehicles , including cyclists; a cyclist would also be subject to any local law prohibiting open containers on the streets). Shoulder use is permitted for cyclists and e-bike users, but not for motorcyclists.
Local regulations: Local regulations usually dictate who can ride where. For example, bicycles are often prohibited on downtown sidewalks but are generally allowed on most other sidewalks. Mixed-use trails allow pedestrians, cyclists, and usually power-assisted cyclists, but are unlikely to allow motor vehicles or mopeds. These narrow paths are generally not designed to allow slower pedestrians and cyclists to mix with higher-speed vehicles. Local laws also generally only allow cyclists and e-bike users (and perhaps mopeds; check your municipality’s codes) to use bike lanes.
Application: State-level enforcement is also minimal in most places, meaning that (1) people are riding bikes that are technically motorcycles, but without a motorcycle license, registration, and insurance, and (2 ) these supercharged bikes ride on trails. and trails where they endanger pedestrians and cyclists.
Crashes: Although enforcement against non-compliant e-bikes is minimal, you are more likely to face penalties if you are involved in an accident. For example, if you are unlicensed and primarily operate a motorcycle, you could be cited. Additionally, due to North Carolina’s contributory negligence law, even if the accident is the other person’s fault, riding an “e-bike” that does not conform as an e-bike may mean that you will not be able to perceive no damage. For example, if you are riding your motorcycle on a bike path and are clipped to the right by a right-turning driver, you could be partly at fault, which would prevent you from recovering anything.
CONCLUSION
Most of the calls I receive are from people who ride “e-bikes” that exceed North Carolina e-bike specifications and who have questions about their rights and obligations. This article is not intended to provide legal advice but to provide a framework for you to determine these obligations for yourself. If your bike exceeds the legal parameters, you have a choice: (1) take your chance and keep riding. We do not recommend it; (2) follow motorcycle (or moped, depending on your specifications) licensing, insurance, and registration laws; and (3) talk to the manufacturer or store where you purchased the bike about how to make it compliant. We are aware that people sometimes equip an initially compliant bike to have more power; the same choices apply to them, except they can bring the bike back into compliance on their own.
Ann Groninger, North Carolina attorney and founder of Bike Law, has been advocating on behalf of North Carolina cyclists at the state level for over 15 years. Ann has offices in Charlotte and Durham and has helped clients with bicycle accidents in Asheville, Raleigh, Durham, Greenville, Wilmington, Fayetteville and throughout the state. Learn more about Ann on her bio page.