A new bill in Delaware could change how electric bikes and other small electric vehicles are marketed and sold, aiming to crack down on what lawmakers see as growing confusion between legal e-bikes and higher-powered electric mopeds or motorcycles.
House Bill 439, dubbed the “Truth in E-Bike Marketing Act,” would prohibit dealers from advertising certain electric mopeds or motorcycles as “electric bicycles” unless they actually meet Delaware’s legal definition of an e-bike.
The proposal comes as states across the US continue struggling with a rapidly evolving micromobility market where everything from pedal-assist commuter bikes to Sur Ron-style electric dirt bikes are often casually lumped together under the same “e-bike” label.
The bill would require sellers to provide written disclosures explaining a vehicle’s classification, maximum power, and whether registration, insurance, or a driver’s license is required to operate it legally.
Failure to provide those disclosures could be considered an unlawful business practice under the legislation.
Supporters of the bill argue that many consumers may not fully understand what they are purchasing, particularly when some high-powered electric motorcycles are marketed with bicycle-style terminology despite often being prohibited from bike lanes, sidewalks, or multi-use paths.
The bill would also further clarify where certain vehicles can legally operate, specifically noting that mopeds and motorcycles are not permitted on bike lanes or public pathways.
“I think there’s a big misconception that people have of e-bikes,” local bike shop owner Brian Kellman told WDEL News. “A lot of those views come from people who haven’t tried them before or educated themselves.”
The proposed law would additionally require crashes involving electric bicycles and mopeds to be more clearly identified in Delaware crash reporting systems.
The legislation has now been assigned to Delaware’s House Public Safety and Homeland Security Committee.
The broader debate happening in Delaware mirrors a growing national conversation around whether existing e-bike laws are still sufficient as increasingly powerful electric two-wheelers continue blurring the line between bicycles and motorcycles.
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