The electric bicycle, or e-bike, is a fantastic tool. You can use an e-bike to commute, to go on an off-road adventure, or to do all sorts of fun stunts. There are e-bikes for all walks of life and budgets. But there’s a sort of weird side to the e-bike, and it’s that some companies build e-bikes that are arguably just motorcycles, but they’re still classified as e-bikes because they have pedals. Washington state wants to change that with a bill that seeks to better define what truly is an electrified bicycle and what is a motorcycle.
Back in 2002, the federal government enacted Public Law 107-319. This law amended the Consumer Product Safety Act to declare that low-speed electric bicycles are consumer products, and thus would fall under the purview of the Consumer Product Safety Commission (CPSC).
The law also sets the definition of a “low-speed electric bicycle” as follows:
‘‘(b) For the purpose of this section, the term ‘low-speed electric bicycle’ means a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), 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.”
The federal government currently recognizes e-bikes under a three-class system. These classes are defined as:
“Electric-assisted bicycle” (e-bike) means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The e-bike’s electric motor must have a power output of no more than 750 watts and must qualify as one of the following classes of bicycle:
“Class 1 electric-assisted bicycle”: has a motor that provides assistance only when the rider is pedaling and stops providing assistance when the bicycle reaches a speed of 20 miles per hour (mph).
“Class 2 electric-assisted bicycle”: has a motor that may be used exclusively to propel the bicycle and stops providing assistance when the bicycle reaches a speed of 20 mph.
“Class 3 electric-assisted bicycle”: has a motor that provides assistance only when the rider is pedaling and that stops providing assistance when the bicycle reaches a speed of 28 mph, and is equipped with a speedometer.
States have generally adopted this system as well. In theory, the three-class system has rigid rules. You cannot have an e-bike with a motor generating more than 750 watts (1 HP) and, at most, assist stops at 28 mph. So what’s the problem here?
Blurring The Line Between Bicycle And Motorcycle
There have been machines out there that really stretch the definition of “electric bicycle.” Take a look at this bike above, it’s called the Evoque Streetster RR. What do you think this is? If you guessed motorcycle, you’d be technically incorrect.
The Evoque Streetster RR is advertised as being a legal e-bike, and sure enough, if you look closely, you’ll even see a set of bicycle pedals. However, you’ll also note that the bike has motorcycle pegs.
This bike gets interesting when you dig into it. Evoque’s spec sheet does not mention motor output, top speed, or type of assist. But Evoque does note about how motorcycle-like the machine is, with its steel frame, hydraulic disc brakes, adjustable 33-core hydraulic damping, infotainment system, and 600-pound load capacity. It even has motorcycle-style mirrors, lighting, and controls.
Now, these bikes deliver from the factory with a limiter that keeps them from going faster than 20 mph. There you go, it’s a Class 2 e-bike then, right? Well, apparently, the limiter can be removed, and when done so, the top speed rises to roughly 60 mph. But because it was sold as an e-bike, the rider who removes the limiter can now ride this thing on the street without a license, registration, or insurance. It is, after all, an “e-bike.”
Don’t think the Streetster RR is an anomaly, either. There was also the Tao Tao Leo, which has a 4000-watt (5.36 HP) motor, a motorcycle body, and a top speed of around 68 mph once the 20 mph limiter is deleted. This machine was also sold as an e-bike. These bikes are generally marketed to Canadians, but can be imported into the States.
Last year, I wrote about the Beachman ’64 E-Bike, a bike that looked like a cafe racer electric motorcycle and had a top speed of 45 mph, but was advertised and sold in the States as an e-bike. That bike’s limiter was set by the rider, so nothing was stopping a Beachman rider from just going into the off-road mode when on the road or a bike path.
After I published my article, Beachman CEO Ben Taylor emailed me to note that the ’64 E-Bike was more or less a stopgap as Beachman worked to get certified as a motorcycle manufacturer:
Just wanted to say that I totally get your criticism of the platform. Our intention is to have people register the bikes, but we are transitioning from e-bike company to actual motorcycle manufacturer right now, and so the bikes is a hybrid in order to allow maximum flexibility to our customers. Lots of people just leave it at 20mph and ride happily as an e-bike, and since we don’t sell to children we hopefully aren’t contributing to the madness of kids on surrons.
In Canada we are right now swapping over to a legitimate low-speed motorcycle with no pedals, but in the US we still have work to do before we can fully do that jump.
Sometime next year we’ll be dropping the e-bike thing entirely and becoming a bonafide moped/motorcycle company. It just takes a lot of work and huge resources to do that process legally & operationally when you don’t have the resources of Harley, honda etc.
To Beachman’s credit, it did launch a true electric motorcycle in the ’64 Light Motorcycle, which is awesome! Like a regular electric motorcycle, you have to have a motorcycle license, you have to register the motorcycle, and you have to carry insurance.
But I think you get my point, dear reader. There are electric two-wheelers out there that are marketed and sold as e-bikes, but are turned into electric motorcycles with only the deletion of a limiter. These bikes have top speeds too high and motors too powerful to be considered e-bikes from the start, and only software limiters are used to comply with the letter of e-bike classifications. Or, these bikes are easily modified to become motorcycles, but are still considered e-bikes.
Surron bikes are often used as examples of how e-bike regulations are abused or otherwise unenforced. It’s worth noting that Surrons do not have bicycle pedals and are not marketed as legal e-bikes, even though some of their riders do take them onto roads.
These bikes can be enticing because of their low cost of entry and minimal barriers. That Streetster RR costs only $6,414, while the Tao Tao was only $3,700 when it was on the market. These are cheaper than proper electric motorcycles and don’t even require a license.
The problem with those other bikes is that the end user can delete the limiter and then ride their electric bike at high speed, either on the road or on bike paths. Yes, depending on the jurisdiction, you can register some e-bikes as mopeds. But again, that requires the owner to go forward with doing that rather than just ripping down a bike path at 45 mph. That rider probably doesn’t have a license or insurance. If that rider isn’t acutely aware of the dangers of riding a two-wheeler fast, maybe they might forgo wearing motorcycle gear.
The Bill
Lawmakers in Washington state have had enough of this and are deciding to take action. On January 9, 2026, Representatives Janice Zahn (D – District 41), My-Linh Thai (D – District 41, Position 2), Julia Reed (D – District 36), Liz Berry (D – District 36, Position 2), Zach Hall (D – District 5), Davina Duerr (D – District 1), and Beth Doglio (D – District 22), filed HB 2374.
The lawmakers believe that the current e-bike classifications leave open a sort of legal gray area where you can buy a bike that looks like a motorcycle and can perform like a motorcycle, but was sold as an e-bike.
A substitute version of the bill, SHB 2374, passed the Washington House on February 13. The substitute bill is largely similar to the original bill, but is clearer about its intent. That bill states:
Modifies the definition of “electric-assisted bicycle” to exclude any vehicle capable of exceeding 20 miles per hour using only its electric motor, and any vehicle that is designed, manufactured, or intended by the manufacturer or seller to be easily configured to not meet the requirements of an electric-assisted bicycle (e-bike).
Provides for a definition of “electric motorcycle” that includes vehicles with characteristics that do not meet the requirements of e-bike.
Establishes a work group to evaluate steps that could be taken to facilitate adherence to the laws applicable to e-bike and electric motorcycles, as well as to explore establishment of civil infractions and penalties related to use of these vehicles by youth between the ages of 12 and 16.
Requires the work group to submit a final report, including recommendations or draft legislation, to the Transportation Committees of the Legislature and the Office of the Governor by December 15, 2026.
If enacted, the bill would change Washington’s definition of e-bike and motorcycle to:
“Electric-assisted bicycle” does not include:
– Any vehicle capable of exceeding 20 mph on solely its electric motor; or
– Any vehicle that is designed, manufactured, or intended by the manufacturer or seller to be easily configured to not meet the requirements of an e-bike.“Electric motorcycle” means a motorcycle that uses propulsion units powered solely by electricity, and which meets one or more of the following criteria:
– It is not equipped with fully operable pedals capable of propelling it (foot pegs are not considered pedals).
– It has a motor with a power output that exceeds 750 watts.
– It has a motor that provides exclusive electric assist to propel the vehicle over a speed of 20 mph.
– It has a motor that continues to provide assistance when the vehicle reaches a speed greater than 28 mph.The definition of “motorcycle” is updated to clarify that “electric motorcycles” are a type of motorcycle.
Technically, if this bill were to become law, all of the aforementioned e-bikes would no longer be legal e-bikes. The wording of the bill is designed to reclassify those bikes as motorcycles. That would mean either selling them as off-road only, like a dirt bike, or proper labeling, lighting, tires, and other requirements to become road-legal motorcycles. Of course, then the buyers of these machines would need to register them, insure them, and have the proper endorsements to operate them.
The state would then have to lean on enforcement to keep illegal e-bikes off the streets. Granted, existing e-bikes are already illegal to use in the manner that some riders use them, so I’m not entirely sure how effective this bill will be. But taking these bikes out of the e-bike classification is a start.
The framers of the bill say that the bill is in the name of safety. The bill says that e-bikes have been great for accessibility and urban mobility, but dangerous because their riders are speeding down trails that have pedestrians, toddlers, strollers, and other folks not expecting to see a bike blasting past them at high speed. The bill claims that injuries from these situations are increasing.
The bill has passed the state House and, as of February 17, had its first reading in the state Senate. Now, it sits at the Senate Transportation Committee for further progress. The bill has lots of steam with supporters, with the Seattle Bike Blog reporting bike organizations, trail organizations, and high school students backing the bill.
Are These E-Bikes?
I get why these lawmakers are trying to do this. I am a fan of high-powered e-bikes. I find it awesome that you can get a lightweight bike with an insane power-to-weight ratio and a death-defying top speed. Those kinds of shenanigans fuel my soul.
However, these machines have a dark side, as they can be abused by their riders as they storm down bike lanes and pedestrian/bike paths at dangerous speeds. These bikes can travel at the same speeds as motorcycles, yet don’t require the same training or financial responsibility as motorcycles. It seems logical that if there’s a two-wheeler that is more or less just a motorcycle, adding a set of bicycle pedals and a software limiter to it shouldn’t be a loophole out of motorcycle rules. Maybe there should be a third category here.
Of course, should this bill become law, it would impact only Washington state. It will be interesting to see how this plays out. Sometimes, a new law in a single state could inspire similar laws elsewhere. It will also be interesting to see if these definition changes might cut down on the issues noted above. So, this is a subject I will have to return to on a different date.
If you do own a high-powered e-bike, please ride it responsibly! These bikes are no doubt insanely capable and fun, but please try to keep that fun in places where folks aren’t going to get hurt.
Topshot graphic image: Evoque E-Bikes
I owned and rode the ebike in the first pic of this article (not including the top pic). It was just called an ebike and it was from the EV Global Motors (or Global EV Motors, or whatever) that was associated with Lee Iacoca. It weighed about 90 lbs and had (of course, that long ago) a lead-acid battery. It was a friggin’ hernia to lift into the back of a hatchback, etc… but was pretty fun to ride once you got used to the weight. It was the first ebike I had/owned/rode. I think I ended up selling it for about $300 many years ago. I haven’t gotten another ebike since, but I’m more fragile that I used to be.
There is no loophole, they use the 3 class system in law in Washington already. None of these e-motos are legal bicycles. Just enforce the laws already established.
i wanna see someone pedal one of these things and see how stupid they look.
To me, this seems like an enforcement problem. On city bike paths and multi-use trails where I’ve been (Denver), the speed limit was 15 mph and pedestrians had the right of way. Sometimes you’d see the city police patrolling the paths on motorcycles. Your option if you wanted to go faster was to ride on streets and roads. Bicycles weren’t allowed on sidewalks. I guess my point is, there are existing ordinances that can be enforced to make the shared use spaces safer without making new ordinances.
Bicycles are allowed on most sidewalks in Washington with the exception of some business districts, downtowns, and unless otherwise where signage is posted.
Off, other than little kids, I don’t think bikes belong on the sidewalk.
Endless regulation isn’t the answer. I remember when some areas made you buy a bike tag for your pedal bike. It’s always for “safety” but it’s really to assert control and tax people. There are more wing nuts around me on race pedal bikes that think they are lance Armstrong with two nuts. They have a bike path and a bike lane many places but they choose to ride in the middle street that is basically a divided highway. Absolutely insane wrong coast behavior. They go every bit of 45 to 50 down hill on those stupid things. And probably 15 to 25 up hill of they are really trying.
The only thing that worries me about kids on ebikes is you can’t hear them and sometimes can’t see them. Having a slow one isn’t going to help when the wrong coaster runs them over and drives away while chugging their $9 mermaid crappuccino.
All the anti skateboard stuff governments payed up the wazoo for 20+ years ago because kids were outside. Then they spend billions on studies and ads to ask why the kids aren’t outside. Then they figured out just build them a skate park. Just build the kids a track for their e dirt bikes. You can even call it a bike track and just say no gas and leave it at that.
These are the same people that will look you in the face and tell you how disadvantaged people and kids have a hard time and we need to do blah blah wrong coast idiocy. Then they go and add another barrier because they saw them somewhere they didn’t want to see them.
As a Seattle resident (a city with extensive and expanding bike infrastructure) the faster end of e-bikes break the system. I have no problem with these being sold but I think it’s reasonable that anything that a reasonable person could buy as an alternative to a moped be limited to street use only and require some kind of licensure to be legally operated.
Of course I also know as a Seattle resident that none of this will be enforced in any meaningful way.
I am all for this. I just want an E bike that has a loaf seat (scooter style) that I can ride with a throttle and peddle if needed and 750w/20mph is just fine.
Given the class I/II/III system was laid out when e-bikes were expensive niche curiosities it’s frankly impressive they got us as far as they did, but we’re overdue for this update.
I almost wonder if there needs to be some kind of requirement that the pedals propel the bike forward at X speed given no more than Y watts of pedaling power to root out the “motorcycle with a set of bike pedals for regulation” problem.
I have seen children ripping about on the dirtbike ones…as well as people using them as DUI bikes since many municipalities in my area have begun banning clip-on motors for being used by the same bunch.
I was even tailgated into a Cars & Coffee by a guy who’d caught up to me (I was doing 30!) On a 2000s Redline BMX chopper bicycle with an e-motor on it. I thought it was a Harley the way he caught up!
The regulations need to be significantly tightened, as does enforcement. It’ll make the streets and trails safer for those of us with no assist, from roadies to ’70s 20″ kids bikes. I applaud Washington State’s efforts.
I’m fine with an E-bike at 15 mph with pedals, etc… Start adding fairings, windshields, phantom pedals – that’s a motorcycle.
I’ve seen several of these keeping up with 45 mph traffic while being ridden on sidewalks terrorizing pedestrians. Not to mention startling drivers attempting to exit parking lots. None of these “e-bike” riders wear safety gear or pay attention to basic traffic signs.
Things were so much simpler when you had to actually pedal a bicycle. Back when I was riding in the 90’s (1990’s not 1890’s) bike riders would be courteous to each other and motorists as it was understood that we had to co-exist. Now the e-bike riders act like they are the only one entitled to the space and everyone else has to yield to their whims.
One of the few regulations my state has that I feel they seem to have gotten right is the laws around motorcycles and mopeds. Any electric bikes with a motor of 751-2000 watts is a moped, anything above 2000 watts is a motorcycle, anything under 751 is treated as a bicycle
Wow, this sounds simple and well thought out.
Common sense has no influence here.
That’s fantastic!
I think a problem though is that current regs do define a max 750W motor. However a lot of these motorcycles have a much larger motor, but the argument is being made that because there’s a big resistor on the power line into the motor, it can’t physically output more than 750W, so it’s an “ebike”, at least until the end user jumps the resistor that’s totally not designed to be bypassed with the spare parts included.
I applaud the attempts of the Washington Legislature to do something about this. I mean, I’m a fan of exploiting loopholes, and part of the reason these loopholes exist is the fault of lawmakers (mostly due to their inability to keep up with technology).
OTOH, if e-bike manufacturers hadn’t been so egregious with their exploitation of the loopholes, they wouldn’t have gotten busted.
Buying an e-bike that looks like a motorcycle seems really, really stupid. You’re practically begging a cop to pull you over to ask where your license plate is.
If you want to keep a low profile, the Lightbee seems to be doing it right. It’s still a little too motorcycle-y, but at least from a glance it kind of looks like a high-end mountain bike.
The Lightbee is from Surron, the posterchild for the e-bike menace; though I don’t believe they have pedals and definitely aren’t an ebike by any definition.
If you don’t need to pedal: it’s not a bicycle IMHO. It becomes a low-speed e-motorcycle.
Having come across many of these marvels trundling along at astounding speeds with their high-mass along city trails & parks – they’re the new apex predator for mowing down pedestrians & other cyclists.
There’s a beautiful mixed-use trail/path called the Gordon River Greenway that winds through 2.5 miles of mangrove forests and pine scrub through the heart of Naples, FL. People come to walk their dogs, bike, bird watch, jog, etc. Despite “no motorized vehicles” signs at all the entrance points, you still get morons on e-bikes slaloming through a sea of dogs, kids and old people at 20+ mph.
I’m sure it happens everywhere. Gangs of teenagers riding in protected nature areas with no bike signs still riding that shit around. they should get ticketed and their bikes impounded and then have to explain to their parents why they got their bikes impounded.
It sounds like next time I’m visiting my family in Naples I should bring my long distance push longboard and cruise around there! Thanks for letting me know about it.
The one wheel riders are my nemesis
Guy on my street has one of those one wheeled things, he can do 30mph no problem. He wears a motorcycle helmet and full motorcycle gear at least, but it seems nuts to me.
Florida is cracking down on these on the user side big-time, and I have seen a couple of “e-bikes” pulled over by the local “county mounties”. I think it is now crime to remove the limiter. I have definitely seen plenty of people on bikes with pedals (not pedaling, of course) keeping right up with 50mph traffic on Rt 41 – that ain’t right…
I got pulled over in high school for 39 in a 25 on my decidedly NOT electrified bicycle in my cycling prime. Those were the (very long time ago) days – but I still have the bike! Still pretty after all these years too:
https://photos.fife.usercontent.google.com/pw/AP1GczPoyxgtHeWEYluQ3UCgHaK_LEk1qgBsZofnJxBXuppMMlpzIst7lacPyg=w1644-h1233-s-no?authuser=1
When these first started popping up in the Naples area we referred to them as “DUI bikes” and nothing in the intervening decade or so has changed my mind. The biggest drunk I know uses one of these to commute 10+ miles per day. It’s a minor miracle he hasn’t died (yet).
Do you mean the guy in work boots, jeans, and a flannel hoodie smoking a cig. is not on the bike for his health?