How eBikes Work and What Draws Their Popularity
Overview of eBike Popularity in Washington State
In the Pacific Northwest, and in particular Washington State, eBikes are becoming an increasingly popular form of transportation and recreation. People use eBikes to commute to work or school by using bike lanes and paths similar to standard bicycles as well as on regular roads. Because some eBikes are able to go fast enough to keep a person up with traffic on the road, they are a popular option as a second vehicle particularly for people who live or work in cities with heavy traffic.
In addition to transportation, eBikes are also becoming increasingly popular for recreation . The electric motor on an eBike can provide a boost of speed or help climb an incline without too much extra effort. This makes them a popular option for people of varying ages and physical abilities who want to enjoy less physically stressful outdoor activities like mountain biking or touring. While it was previously thought that bikes were an activity catered mainly to younger people, it has become more common to see people of all ages enjoy an eBike ride or bike along the gorgeous Puget Sound waterfront or on a local mountain trail.
How eBikes Are Treated by Washington’s Laws
There are three classes of "electric assisted bicycle" or "eBike" under Washington law:
◦ Class 1—A bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour (MPH).
◦ Class 2—A bicycle equipped with a motor that may be used to directly assist the rider even if the rider stops pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 MPH.
◦ Class 3—A bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 28 MPH.
Washington law treats each class of eBike as bike and not a motorcycle. For example, Washington law prohibits the operation of Class 3 bicycles on bicycle paths and trails, but only if such bicycle paths and trails are being funded in whole or in part by state funds.
Age Restrictions and Helmet Laws for eBikers
The Washington State Legislature has made a clear distinction between the different eBike classes when it comes to age restrictions. It is unlawful for any person under the age of sixteen years to operate an electric-assisted bicycle classified as a Type 3 electric-assisted bicycle upon a roadway or highway. Although, a person under the age of sixteen who violates this section commits a traffic infraction, no monetary penalty shall be imposed.
There is a helmet requirement for all operators and passengers of eBikes in Washington State. All operators under the age of 18 must wear a properly fitted and fastened bicycle helmet that meets the "American National Standards Institute (ANSI) Z90.4 Helmets for use in bicycling 2010" or "American Society for Testing and Materials (ASTM F1447-09 Standard Specification for Multipurpose Helmets 2009" safety standards, or an equivalent standard. In addition, the Department of Licensing is required to establish a method for licensing persons 16 years of age or older to operate a Type 3 electric-assisted bicycle in the same manner as for motor-driven scooters.
Where to Ride: Paths and Roads
For eBike purposes, the relevant terms of art for where you may ride are "path" and "bike lane." Washington law does not define "path," but generally speaking, it is a multi-use area such as a sidewalk shared by pedestrians and cyclists. Pursuant to RCW 47.52.120, paths include:
Path: A route designed or used for bicycles, generally adjacent and parallel to a roadway, often referred to as a "path" or "trail" and often maintained by a local jurisdiction or the Washington State Department of Transportation.
A bicycle path may be considered a bicycle lane by many riders. For this reason, if you ride on a path adjacent to and parallel to a roadway, you must do so in accordance with the existing laws, rules and regulations that apply to you if you were riding on a roadway. Thus, RCW 47.52.120 provides:
This section is specific to paths adjacent to roadways controlled by a city, town, county or state. However, there are many paths that are not adjacent to roadways, but maintained by a government entity, including many recreational paths. Conversion of these paths to all-age paths under RCW 2.14.190 – from which electric bicycles are prohibited per RCW 9.91.225 – would be entirely inappropriate. Consider an example, the Burke-Gilman Trail in Seattle is not adjacent to a roadway. Riders must still conform to the rules of the road, according to RCW 46.61.18.
If you are riding on roads with bike lanes, it may surprise you to learn that the law has undergone a very recent change. On May 18, 2017, I wrote about the new Seattle bike lane law, which supplements existing Washington bike laws and makes it safer for everyone on the road by requiring cars to give more room to cyclists. Seattle’s revised law defines "bike lane" as:
SCENARIO 1: If you choose to ride in a bike lane when one is provided, you must comply with RCW 46.61.55.
SCENARIO 2: If you choose to ride to the right of a bike lane when one is provided and fail to do so according to the requirements of RCW 46.61.55, you may be charged with a $124 traffic infraction under Seattle Municipal Code 11.44.050.
SCENARIO 3: If you choose to ride outside of a bike lane when one is provided and the available space is four feet or less, you may be charged with a $124 traffic infraction under Seattle Municipal Code 11.44.051.
These conflicts between the existing laws, the new laws, and the RVW Ordinance will be interesting to watch. I have reached out to officials in Seattle and King County and received conflicting information. I expect more clarity on these conflicts in the months to come.
eBikes Must Have the Right Equipment
Electric bicycles come in a variety of types, sizes, and styles, but they all have one thing in common: specific equipment requirements set by Washington law. In this section, we will take a closer look at some of the most important legal specifications for eBikes in Washington State.
As with almost every type of bicycle, electric bikes must be equipped with functional lights for use at night. According to Washington law for an electric bicycle such as Police must have a front white light, approved by the Washington department of transportation, visible a practical distance of 500 feet and a rear red reflector or light visible from roadways or highways when directly in front of the beam of high beam headlights up to 600 feet away.
In addition to front and rear lights, an eBike must have reflectors on the front of the frame, frame reflectors on the front forks, spoke reflectors on the front and rear wheels, and reflectors on the rear of the bike. Reflectors help other drivers and anyone else on the road see you even in very low light conditions. An eBike must also emit a red or amber warning lamp (light) on the rear of the vehicle when it is traveling slowly.
Overview of Registration and Licensing Law
In Washington State, the registration and licensing requirements for eBikes differ from those applicable to motor vehicles or even bicycles. Under Washington law, people who own eBikes do not need to obtain any special license, registration, or title for their electric bicycle. But the law is clear that a person who uses an electric bicycle must be at least 16 years old.
As a general matter , eBikes are subject to the same rules of the road as traditional bicycles except for additional restrictions on where the different eBike classes can be ridden. Eighth District Rule 802A states that on public roadways, operators of eBikes are prohibited from wearing a headset, earplugs, or other listening devices for both ears unless they use a device that allows them to hear traffic sounds.
Enforcement and Penalties of eBike Laws
Enforcement of Washington State eBike laws can be performed by any police officer within the state of Washington. If a police officer observes that a person is operating an eBike on a multi-use path or on a public road in violation of the restrictions placed on the eBike, an officer may issue an infraction pursuant to RCW 46.64.010. In the past, an officer may have issued a verbal warning or even written an infraction under a city or county ordinance that authorized the enforcement of the restrictions on the operation of these classes of eBikes.
For a violation of the restrictions listed above, a person may only be found liable for a monetary penalty of fifty dollars ($50.00) as assessed by a public violation officer, through a notice of infraction. If you pay the infraction, the matter is resolved; however, if you want to contest the infraction, the infraction will result in a $250.00 fine. RCW 46.64.010(1)(a)
Thus, you do not want to get a notice of infraction for riding an eBike if you do not comply with the restrictions placed on the operation of eBikes.
The Varied Laws of Other States
Electric bicycles have state-to-state differences in legal treatment and definition. In Washington State, we’re fortunate to have a comprehensive and important law that regulates eBikes. While most states also have some regulation of eBikes, some do not, or do not provide for a complete set of rules. Here is a look at the eBike laws in California, Oregon, Colorado, Utah, and Idaho.
California
Under the California Vehicle Code, bicycles and "electric bicycles" are considered to be different vehicles. This definition is consistent with many other states. The law continues to define an electric bicycle as a bicycle equipped with a battery-powered motor. The law then further defines eBikes into three classes. An "electric bicycle," is a bike equipped with a motor that provides assist to the rider only when the rider is pedaling. A rider of this type of bike is subject to the same duties and responsibilities as that of a standard bicycle rider under the law. The next class is "electrically assisted bicycle," which is a bike that has operable pedals and also has a motor that can propel the bicycle without pedaling. Finally, a "motorized bicycle" is a bike that has pedals but does not have operable pedals, or it does have pedals, but they are not operable. Riders of these last two types of bikes are subject to licensing and registration requirements, and must wear safety helmets.
Oregon
Oregon law defines an "electric-assisted bicycle" as a bicycle that operates with human power and has a power source that is used exclusively to assist propulsion. Like other states, we’ve seen that the primary difference between a standard bicycle and an eBike is having a power source. The law requires operators of all electric-assisted bicycles to wear safety helmets, unless the operator is within a Class I or Class II bicycle share system. An additional important provision in Oregon’s vehicle code discusses the maximum speed of an electric-assisted bicycle. Specifically, an electric-assisted bicycle is not allowed to exceed 20 miles per hour on level ground. This small detail in the Oregon statute is important because eBikes are not restricted to the riding area on a multi-use path. Many states, including Washington, prohibit eBikes on multi-use paths. The Wisconsin Department of Transportation, for example, has adopted restrictions wherein an "electric bicycle may not be ridden on a multipurpose path."
Colorado
Colorado is one of the few states that does not provide an operational definition of an electric bicycle. Rather, Colorado borrows from the context of federal law, where the term "electric bicycle" means an electric bicycle as defined in Section 38.350 of Title 15 of the United States Code. A Colorado state bill was introduced in 2019 that would define an "electric bicycle" very similarly to Washington State law, but that bill did not pass the legislature.
Utah
Utah law differs from Washington in that the law also distinguishes between bicycles and "moped-type transportation device[s]." The law defines a moped-type transportation device as a device with both of the following features: (a)-a seat or saddle for the operator; and (b)-either: (i)-a bicycle-type frame; or (ii)-a tricycle-type or quadricycle-type frame that weighs less than 100 pounds. A device must also have a maximum speed on level ground of fewer than 20 miles per hour, and be equipped with handlebars directly under the rider’s arm in order to be considered a moped-type transportation device. All other electric bicycles are defined as "electric bicycles." The laws for electric bicycles themselves are nearly identical to those found in Washington State law. Utah law prohibits a person who is under the age of 16 from operating an electric bicycle unless the person is wearing a helmet.
Idaho
Idaho is a very unpopular state for bicycle ridership, but its laws regarding bicycles are incredibly friendly towards electric bicycles. Importantly, the statutes have no regulations or prohibitions on riding an electric bicycle on sidewalks in cities that allow normal bicycles to be ridden on sidewalks. In Washington, we’ve seen some intense restrictions on riding an eBike on sidewalks. Only a handful of police precincts throughout the state allow for eBike use on sidewalks, as the Seattle Police Precinct has already announced this year.
What to Expect and Look Forward to in Terms of Future Legislation
While the current trend shows a strong emphasis on the classification and regulation of eBikes in Washington State, with a focus on restricting the speed capabilities of eBikes, there is a strong push by certain eBike manufacturers to change that. There has been a significant push over the last few years in the legislature to introduce bills which would essentially remove the distinctions between bike styles and equate an eBike with a traditional bicycle in terms of license, insurance, and design regulation. In terms of the Washington laws, this could mean new manufacturers would not be required to submit specifications to the WSDOT for classification, and would not have to follow the manufacturers guidelines for maximum speed limitations or design specifications.
Further, certain manufacturers are pushing for changes to allow them to produce eBikes which exceed 20-mile per hour speed limits, with no regulation. This will likely take the form of a bill exempting electronically assisted bicycles from speed limits under 500w, or otherwise creating a new category of bicycles. The issue with this is that high-speed road bikes are considered bicycles under RCW 46.04.169, and there is no exception in the statute for distinguishing an eBike from a non-eBike.
There is also a push by certain groups and manufacturers to overturn RCW 46.04.710(5), which requires the exclusion of eBike testing from the standards promulgated under 47.04.020 , the section of the RCW governing the establishment of vehicle regulations. Current regulations state that WSDOT establishes performance criteria for establishing speed and power limitations for the manufacture and sale of bicycles. This means that the manufacturers themselves – not the states – dictate the specifications to WSDOT, who in turn enforces manufacturer specifications by decertifying non-compliant bicycles.
Overturning this subsection could bring regulation back under the authority of the state, rather than the manufacturers, or put it in the hands of the manufacturers entirely. Again, this may lead to the elimination of separate categories for each type of eBike and may adversely affect rider safety by opening up the market to faster, more powerful eBikes without restrictions.
It is likely that many of these issues to be addressed by the state legislature will continue to crop up over the next several sessions as manufacturers continually seek to avoid regulation. Behind all proposals and bills submitted, however, will be a representative need to address the safety of those who ride these bicycles. Discussions in Washington State will hopefully go beyond restricting speed limits and insurance requirements to ensure that users know how to safely operate eBikes, and that they follow laws governing safe riding practices to avoid accidents and injury.
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