E-Bike or Motorcycle?

Q: I’ve seen headlines saying that the laws for e-bikes have changed and now a bunch of e-bikes are illegal. Can you explain all these changes?

A: The headlines are only partly right. This spring the legislature passed Senate Bill 6110, titled Electric Motorcycles and Electric-Assisted Bicycles. It’s five pages of new rules related to e-bikes and electric motorcycles (as you would reasonably assume from the title), and even though the law went into effect last week, almost none of them will have any impact on you. At least, not today. There are four sections to SB 6110, so let’s walk through them, see where the changes are, and which ones could change what you ride.

Section one adds a bit to the law pointing out that the current definitions of “motorcycle” and “moped” apply to many of the vehicles excluded from the “electric-assisted bicycle” as defined in the law. This doesn’t change the existing rules, but it does clarify that if your e-bike exceeds the limits set in the law, you’re probably actually riding a moped or motorcycle.

Section two makes a change to the current definition of an electric-assisted bicycle, which I’ll shorten to EAB because I’m going to repeat it a lot. And for clarity’s sake, I’ll use “e-bike” to refer to any kind of electric-powered bike and EAB for e-bikes that meet the requirements of the law.

Most of the law remains the same; we still have three classes of EABs. Class One bikes have a top assisted speed of 20 mph and only provide assistance when the rider is pedaling. Class Two bikes also have a top assisted speed of 20 mph, but they have a throttle to apply power even if the rider isn’t pedaling. Class three bikes have a top assisted speed of 28 mph, and like Class One bikes, they only provide assistance when pedaling.

The new law adds two parts: First, an EAB does not include “Any vehicle capable of exceeding 20 mph on solely its electric motor.” That’s not actually a change – it’s a clarification. That was already true in the existing law, but with this added language it’s stated more clearly.

And now for the new part of the law that will affect some e-bike riders: An e-bike that is built so that it’s easy to override the requirements in the three classes I just covered is not an EAB. If you can flip a switch, change a setting on your bike, or make an adjustment in an app to make your e-bike go faster than the limits in the law, it moves into the category of moped (if the top speed is under 30 mph) or motorcycle. That law applies if the e-bike can be switched easily, even if you haven’t done it yet.

Section three, the bulk of the bill, focuses on the future. It directs the department of licensing to put together a work group to study and recommend revised laws for electric motorcycles. Section four just makes section three take effect immediately.

Electric mobility is a newish phenomenon, so it’s understandable that we’re not all clear on what’s legal and what’s not. To help you sort it out the Washington Traffic Safety Commission has an interactive tool called the E-Ride Guide. (Find it at wtsc.wa.gov/erideguide)

Even if your e-bike is legal it still probably goes faster than would pedal on your own, and faster speeds mean harder crashes. Be predictable by following traffic laws, watch for potential hazards, and wear the right safety gear for the speed you plan to travel.