There’s a new law in Washington state regarding the classification of electric bicycles. But if you want to know what the new law says, you should probably avoid reading the news in Washington.
That’s because most reports seem to be getting the law wrong.
What was merely a slight legal clarification to more neatly and clearly reinforce the widely accepted three-class system used by the majority of states in the US has been misreported repeatedly by local media. In many cases, reports are claiming that the state now views Class 3 e-bikes as motorcycles and requires a driver’s license for operators.
As a quick refresher, Class 1 and 2 e-bikes can reach 20 mph (32 km/h) top speed, with Class 1 e-bikes doing so only with pedal-assist (the motor functions while the rider is actively pedaling) and Class 2 e-bikes permitting throttle operation (the motor can function via a hand throttle, no pedaling required). Class 3 e-bikes can reach a higher speed of 28 mph (45 km/h) but only with pedal assist.
All three classes are limited in power to 750 watts (one horsepower).
The new law that went into effect last week merely clarifies the structure of these three classes and reinforces that any electric two-wheeler that can reach speeds of over 20 mph (45 km/h) on motor power alone is not an electric bicycle, instead falling into e-motorcycle territory. E-bikes that can reach speeds up to 28 mph (45 km/h) via pedal assist are still considered electric bicycles, falling into the Class 3 designation.
It’s pretty standard, following the same legal framework adopted all around the US. But the Washington media somehow screwed the proverbial pooch with reporting on the new law, with incorrect headlines such as “Class 3 e-bikes are now legally motorcycles, requiring a drivers license” and featuring an image of a 50 mph (80 km/h) electric motorcycle with a caption claiming it to be Class 3 e-bike.
Even presumably respectable mainstream media, such as Seattle’s CBS affiliate KIRO7 News, flubbed the story. There, the outlet claimed that “The law amends existing legislation to designate any e-bike capable of exceeding 20 mph as an ‘electric motorcycle.’”
No. Again, just no.
What all of these journalists are missing is that the new law clearly states, on the first page, that a legal electric bicycle in Washington “does not include (a) any vehicle capable of exceeding 20 miles per hour on solely its electric motor or (b) any vehicle that is modified or designed to be easily modified to exceed the limitations described in subsection (1) of this section.”
Basically, as long as it can’t be throttled to over 20 mph and isn’t designed to have its speed/power limiter easily removed by owners, it checks out as a legal electric bicycle. In other words, Class 3 e-bikes are still perfectly kosher as long as they don’t exceed 28 mph, don’t have a throttle, and aren’t designed to have their limits defeated by riders looking for more performance.
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