It's Not the E-Bikes. It's the Electric Motorcycles in the Bike Lane.
- Jonathan Lansey
- December 6, 2025
- 10 mins
- Policy Safety
- bike lanes bike safety policy vehicle safety
The vehicles causing a recent spike in injuries and worse aren’t e-bikes. They’re electric motorcycles being sold as “e-bikes.”
The headline problem: we’re blaming the wrong machines
When a teenager crashes a 40 mph “e-bike” in a bike lane, the headline just says E-BIKE CRASH.
When a huge, illegally modified battery pack catches fire in an apartment hallway, the headline says E-BIKE FIRE.
But if you read the fine print in recent safety investigations, a lot of those “e-bikes” are not legally e-bikes at all. They’re electric mopeds and motorcycles that:
- weigh as much as a small scooter,
- use motors many times more powerful than legal e-bikes, and
- can do 30–50 mph (or more) with a few taps in an app.
Under U.S. law, that’s not a bicycle. That’s a motor vehicle. And motor vehicles already have a clear home: with traffic, not weaving through kids on a riverside path.
So the sharp version of this argument is simple:
We don’t need blanket “e-bike bans.” We need to enforce the laws that already distinguish real e-bikes from electric motorcycles—and keep the motorcycles out of bike lanes.
1. The law already draws the line. We just ignore it.
At the federal level, low-speed electric bicycles are defined in the Consumer Product Safety Act:
- Operable pedals
- Electric motor of 750 watts or less
- Maximum speed of 20 mph on motor power alone on level ground
Anything that can’t meet those limits is not a low-speed e-bike. It’s a motor vehicle and should follow motor-vehicle rules (NHTSA standards, VIN, lighting, turn signals, registration, etc.).
Most U.S. states then layer on a three-class system for legal e-bikes:
- Class 1 – Pedal assist only, motor cuts off at 20 mph
- Class 2 – Throttle (plus optional pedal assist), motor cuts off at 20 mph
- Class 3 – Pedal assist only, motor cuts off at 28 mph, usually with extra helmet and age rules
Within those limits, states typically treat e-bikes like bicycles for licensing and bike-lane use. Above those limits, you’re in moped/motorcycle territory, whether there are pedals or not.
On paper, that’s extremely clear:
If it’s under 750 W and within Class 1–3 speed caps, it’s an e-bike.
If it’s faster or more powerful in any mode, it’s a motor vehicle.
The trouble is that reality doesn’t match the labels.
2. What you actually see in the bike lane
Walk along a busy bike path or urban bike lane today and you’ll see at least four categories of “bike-shaped” objects:
| What you see in the wild | Pedals? | Typical power & speed | What it legally is (in most states) | Where it really belongs |
|---|---|---|---|---|
| Normal e-bike commuter (upright, racks, lights) | Yes | ≤ 750 W, assist to 20–28 mph | Class 1, 2, or 3 e-bike | Bike lanes, many paths (class-dependent) |
| Cargo e-bike with kids & groceries | Yes | ≤ 750 W, assist to 20–28 mph | Class 1, 2, or 3 e-bike | Bike lanes, many paths (class-dependent) |
| “Moped-style e-bike” with seat, pegs, big moto frame | Often | Often 1,000–5,000+ W; 30–50 mph when unlocked | Electric moped/motorcycle, not an e-bike | Traffic lanes with license & registration |
| ”Stealth” dirt bike or Sur-Ron-style e-moto with pedals | Sometimes fake/awkward | Up to 10,000 W; 40–60+ mph, sometimes “limited” in app | Electric motorcycle, regardless of marketing | Traffic lanes, not paths or bike lanes |
The third and fourth categories are driving the worst headlines:
- Huge spikes in emergency-room trauma involving very fast “e-bikes”
- Teens on 60 km/h machines mixing with pedestrians and regular cyclists
- Apartment and hallway fires from high-powered, off-brand battery packs
Advocacy groups and recent reporting have been blunt about this: the scariest incidents are overwhelmingly caused by e-motos that are marketed as e-bikes but do not meet federal or state e-bike definitions.
They’re not sneaky edge cases. They’re clearly, obviously motor vehicles.
3. Why blanket “e-bike bans” miss the target
Given that context, it’s easy but wrong to say, “e-bikes are out of control, let’s ban them from bike lanes/paths/school campuses.”
That does at least three harmful things at once:
-
It punishes the people doing the right thing.
Parents on legal cargo e-bikes, older adults on step-through commuters, and car-free workers using modest Class 1/2 bikes get their mobility taken away—precisely the folks replacing car trips. -
It leaves the real problem untouched.
If you don’t distinguish legal e-bikes from illegal e-motos, the kids on 40 mph “Class 2” Instagram specials will keep riding them… just without helmets or registration. -
It slows the shift away from cars.
E-bikes are one of the most powerful tools we have for replacing short car journeys. Making them legally weird or socially stigmatized pushes people back into traffic jams and parking lots instead of safely moving them onto bike infrastructure.
In other words: when we respond to a dirt-bike-in-the-bike-lane crash by banning all e-bikes from the bike lane, we’re throwing out the tool we actually need to fix car dependence.
4. Enforce the line between “bike” and “motorcycle”
The good news is we don’t need to invent much new law. We mostly need:
- Truthful labeling and marketing
- If a device can exceed Class 3 limits (28 mph assist / 750 W) in any built-in mode, it should not be sold or advertised as an “e-bike.”
- Retailers should be required to disclose the actual legal category in the buyer’s jurisdiction—“moped,” “motor-driven cycle,” or “motorcycle”—and the requirements that go with it (license, plate, insurance).
- Clear class labels on the frame
- Legal e-bikes should ship with permanent, readable Class 1/2/3 labels and max assisted speed.
- Anything without a class label, or with settings that exceed e-bike specs, can be treated as a motor vehicle by default.
- Targeted enforcement on obvious e-motos
Instead of hassling commuters on mid-tail cargo bikes, enforcement should focus on:
- Vehicles in bike lanes going obviously faster than 28 mph
- “Bikes” with motorcycle-grade tires, dual-crown forks, and moto headlight clusters
- Known e-moto models that have been marketed as “street-legal e-bikes”
The approach shouldn’t be “ticket every kid on something with a battery.” It should be “if it looks, rides, and accelerates like a motorcycle, it must follow motorcycle rules.”
- Real penalties for deceptive manufacturers
- Importers and brands that sell 5,000–10,000 W machines as “e-bikes” should face fines, product seizures, and bans from selling in the U.S. if they don’t comply with motor-vehicle regulations.
- False “Class 2 mode” marketing—where the limiter can be turned off in seconds—should be treated as deliberate circumvention, not an innocent feature.
If we do those four things, most of the genuinely dangerous vehicles disappear from bike lanes without touching legal Class 1–3 e-bikes at all.
5. How this looks on the ground in a real city
Imagine a city that adopts a sane version of this approach:
-
Legal e-bikes (Class 1–3)
- Allowed in bike lanes.
- Class 1 & 2 allowed on most paved multi-use paths; Class 3 on streets and wider, clearly signed routes.
- No license or registration needed, but helmets encouraged (and required for minors/Class 3).
-
E-motos (anything that can exceed Class 3 limits)
- Treated as mopeds or motorcycles.
- Must be licensed and plated.
- Must stay out of bike lanes and shared paths, just like gas scooters.
Now think about what happens in a near-miss situation:
- A parent on a legal Class 1 or Class 2 cargo e-bike is mixing with slow car traffic on a main road, maybe carrying a kid and some groceries.
- A driver starts drifting into the bike lane, not registering the rider in their mirrors.
- The rider has a bright front light, reflective gear, and, ideally, a loud horn with a familiar car-like tone so the driver’s brain flags it as “real traffic, not background noise.”
That scenario is exactly what the three-class system and federal definition are designed for: bicycle-class vehicles mixing predictably with cars and other bikes, with good infrastructure and good safety equipment.
The problem isn’t that bike lanes are “too full of e-bikes.” The problem is that we’ve let actual small motorcycles masquerade as bikes, while under-using the rules that already say where they belong.
6. Concrete steps for cities, states, and advocates
If you’re trying to move your city away from car dependence without getting caught in a culture war over “dangerous e-bikes,” here’s a policy checklist:
-
Adopt (or reaffirm) the three-class system in state law. Make sure the statute clearly references the federal 750 W / 20 mph motor-only definition and defines Class 1–3 in plain language.
-
Ban e-motos from bike lanes and shared paths by category, not by vibes. Use objective thresholds: if the vehicle can exceed 28 mph under its own power or lacks operable pedals, it’s a motor vehicle. Full stop.
-
Require permanent class labels and real speed limiters. No more “Class 2 when you squint, 50 mph when you swipe right twice in the app.”
-
Aim enforcement at the outliers. Focus on high-speed and high-power violations, sidewalk riding at dangerous speeds, and obviously non-compliant machines—not anxious parents on legal e-bikes.
-
Pair enforcement with infrastructure and education.
- Build protected bike lanes and traffic-calmed streets so legal e-bikes have a safe home.
- Educate parents, teens, and older adults about the difference between legal e-bikes and e-motos, including how to read labels and spec sheets.
- Encourage core safety gear: helmets, lights, and, where riders share space with fast traffic, an audible horn drivers instinctively respond to.
If we do that, we can crack down hard on the genuinely dangerous vehicles—without kneecapping the best car-replacement tool we’ve had in decades.
7. What riders and parents can do right now
Until regulators catch up, a few practical filters go a long way:
-
Read the spec sheet skeptically.
- If the bike is advertised as going “up to 35–50 mph,” it’s a motorcycle, no matter what the website calls it.
- If the motor is 1,000 W, 3,000 W, or more, it is not a legal low-speed e-bike in the U.S.
-
Look for a real class label.
- A sticker that clearly says “Class 1/2/3” and lists max assisted speed is a good sign.
- No label, or a label that contradicts the published specs, is a red flag.
-
Ask where it’s legal to ride.
- If the salesperson can’t tell you whether it’s allowed in bike lanes without a license, treat that as an answer.
-
If you already own an e-moto, treat it like what it is.
- Ride it in traffic lanes, wear motorcycle-grade protective gear, and go through the registration process where required.
- Don’t send kids into a bike lane on something that can quietly hit 40 mph.
-
If you’re on a legal e-bike, ride like predictable traffic.
- Use lights and lane position to be seen.
- Consider getting a proper horn if you routinely ride in noisy urban traffic—it can make the difference between a driver “not seeing you” and snapping back to reality in time.
References
- U.S. Code. “Low-speed electric bicycles, 15 U.S.C. § 2085.” A federal definition of low-speed e-bikes (≤ 750 W, 20 mph motor-only) that distinguishes them from motor vehicles.
- PeopleForBikes. “Electric Bike Policies and Laws.” Overview of the industry-backed three-class system (Class 1–3) and its adoption by U.S. states.
- PeopleForBikes. “2024 Policy Wins.” Notes that 43 states now recognize model three-class e-bike legislation.
- National Conference of State Legislatures (NCSL). “State Electric Bicycle Laws: A Legislative Primer.” Explains how states use the three-class model and generally exempt e-bikes from licensing and registration.
- Velo / Outside. “E-Bike Injuries Are Up 1,800%, But It’s Not Actually E-Bikes: It’s Electric Motorcycles.” Details how many severe “e-bike” injuries involve high-powered e-motos falsely sold as e-bikes, and calls for better federal enforcement and truthful marketing.
- HOVSCO and similar state-by-state guides on “moped-style e-bikes.” Summarize how speeds above 28 mph and high power outputs push vehicles into moped/motorcycle categories in many states.
- Various 2025 news reports on school-district bans and state crackdowns on “superfast e-bikes,” which often turn out to be unlicensed electric motorcycles rather than legal Class 1–3 bicycles.