Why E-Bike Legislation?
February 18, 2020
As of 2018 New Hampshire statutes, like most states’ statutes, lacked a clear and consistent definition of “e-bikes” or “electric bikes” or “electric-assist bikes”. Why was this an issue? Because this ambiguity left many law enforcement officials, rail trail organizers, local governing bodies, bike shop owners and members of the public confused about where e-bikes can be legally used.
Since one New Hampshire law (RSA 259:6) defined a bicycle as being “solely human powered”, an e-bike is therefore considered a “motor driven cycle” with appropriate regulations applied to motor vehicle operators. According to this definition, any electric bike, even with a small one horsepower (750 watt) electric-assist motor, would technically not be allowed on bike paths and rail trails that prohibit “motor vehicles”.
Another inconsistency was New Hampshire state law RSA 259:65 which stated that an e-bike having less than a one horsepower motor and a maximum electrically-driven speed not exceeding 20 MPH is not considered a “motor driven cycle” and is therefore considered a bicycle.
With e-bike sales in the US expected to double in the next two years, it’s important to have NH laws in place to address this technology and usage. This helps law enforcement officials, bike shop owners, and the public.
E-bikes are silent and emission-less. You have probably witnessed people riding e-bikes already but did not notice because a person riding an e-bike simply looks and acts like any other person riding a bicycle.
The e-bike legislation is based on model language that has now been enacted in twenty-two states, with this number growing as more and more states face the same dilemma. E-bike laws clarify the definition of e-bikes using a nationally recognized classification system and updated Federal Consumer Product Safety Commission (CPSC) / Federal Highway Administration guidelines1 that defines and categorizes e-bikes into several classes based on their capabilities.
It defines a Low Speed Electric Bicycle (LSEB) as “a pedaled vehicle equipped with an electric motor of less than 750 watts that falls within 3 classes” as follows:
- Class 1: A bicycle equipped with an electric motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
- Class 2: A bicycle equipped with an electric motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
- Class 3: A bicycle equipped with an electric motor that may provide electric-only power up to 20 MPH then electric-assistance up to 28 MPH only if the rider is pedaling; furthermore, this class of e-bike must be equipped with a speedometer.
This classification system still allows restrictions on e-bike use to be applied by the land owners or those that have authority over the facilities and trails, especially on natural surface off-road trails. E-bikes that are more powerful and faster than the defined Class 3 are considered “Out of Class Electric Vehicles” (OCEVs) and categorized as OHRVs, therefore not covered by this legislation.
Who is Proposing New Hampshire’s E-bike Legislation?
The Bike-Walk Alliance of New Hampshire (BWANH), New Hampshire’s statewide biking and walking advocacy organization, worked with People For Bikes to draft legislation which was submitted to the New Hampshire state legislature on November 15th, 2018. This legislationn was successfully adopted and approved by the New Hampshire legislature on 2019, and became official as of July 2019.
BWANH supports the use of class 1 and class 2 e-bikes wherever traditional bicycles are allowed on roads, bike paths, bike lanes and rail trails because E-bike technology puts more people on bikes. It has allowed people with health issues, physical limitations or people who are simply advancing in age to get back on a bike again, or in some cases, for the very first time.
What Does E-bike Legislation Do?
The e-bike legislation adds and clarifies the definition of “electric bikes” to eight New Hampshire statutes: RSA 259:6. 259:27, 259:57, 259:60, 259:63, 259:65, 259:69, and 259:122. For a closer look at the specifics of the actual legislation, visit http://www.gencourt.state.nh.us/bill_status/quick_search.html and search for HB 148 (formerly LSR 19- 0083). Or for a more user-friendly version of this information, see the E-Bikes page on the BWANH website at https://bwanh.org/e-bikes/.
Does this Law Affect Use of E-bikes on Mountain Bike Trails?
The short answer is no. The proposed NH bill affects how e-bikes are defined in New Hampshire’s vehicle code for use on roads, bike lanes, bike paths, or other paved or hard-surface bicycle infrastructure. The code does not apply to electric mountain bikes (e-MTBs) on non-motorized “natural surface trails” typically used for hiking or biking. People desiring to use e-bikes/e-MTBs on natural surface trails should always consult with the local land managers to determine if they are allowed. The New England Mountain Bike Association (NEMBA) website provides more information on locations where e-MTBs can be legally used in New Hampshire.
How Can I stay Informed?
To be included on updates regarding the status of e-bike legislation and other issues important to bicyclists, consider joining the Bike-Walk Alliance of New Hampshire. Our monthly e-newsletter automatically informs BWANH members of legislative and other activities. You can also join the BWANH email list by sending a request to info@bwanh.org, or “Like” the Bike-Walk Alliance of New Hampshire Facebook page to receive updates. If you have questions, please feel free to contact us.
What Can I do to Help?
If you are interested in promoting the use and acceptance of e-bikes throughout New Hampshire, one of the best things you can do is ride your e-bike legally and courteously. Occasionally, there may be opportunities to get involved by responding to Action Alerts fro BWANH or writing letters to various organizations, such as the Ne Hampshire State Parks department, who are currently in the process of researching and updating their policies on e-bike usage – what’s allowed, what’s not allowed, and where. Please contact BWANH at info@bwanh.org if you have questions or want to get involved. Make sure you review and understand New Hampshire’s e-bike laws summarized here –> https://bwanh.org/e-bikes/.
Footnote 1: The Class 1, 2, 3 “low speed electric bicycles” (LSEBs) are specified in 15 U.S.C. § 2085(a) and (b). The NH proposed bill follows the Federal Consumer Product Safety Committee definitions referring to them as “bicycles”. The bill also follows the National Highway Transportation Safety Administration ruling 49 U.S.C. 30102 that LSEBs are not motor vehicles.
