One common misconception about e-bike regulation is that its handled at the federal level. The U.S. Consumer Product Safety Commission regulates e-bikes for the purpose of product safety for manufacturing and at the origin of sale. The actual states themselves decide how e-bikes can be used on the street, paths and off road trails.
The states have the power but most are behind the times when it come to understanding e-bikes and the role they can play in our move toward a greener society. Some states treat them just like human powered bikes, some like motor vehicles and some state have no regulation whatsoever.
In 2014, Boulder CO based PeopleForBikes (formerly BikesBelong) helped pass standard legislation known as the “3-Class E-bike System” we use in the US today. The system uses the following criteria for each state to decide which type of infrastructure each class can use ~ bike speed, wattage & operation.
United States 3-Class E-Bike System
| Class 1 – pedal-assist only, no throttle, maximum speed of 20 mph. | |
| Class 2 – throttle assisted, maximum speed of 20 mph. | |
| Class 3 – pedal-assist only, no throttle, maximum speed of 28 mph. |
All classes limit the motor’s power to a max of 750W. Most states allow class 1 bikes anywhere regular human power bicycles are permitted which includes roads, paths and some light duty singletrack. Class 2 bike have more restrictions as the throttle actuated setup gives a perception that they can accelerate faster and cause more trail damage. Due to higher top speeds Class 3 bikes are typically only allowed on road or designated bike lanes only.
As eMTB bikes evolve, more and more riders want to know where they can legally ride their eMTB. Many state agencies lack modern-day regulations that govern e-bike use on non-motorized trails. These outdated rules confuse many riders who are simply looking to safely ride their eMTB in the same places that traditional mountain bikes can go.