A Quick Look at Pennsylvania’s E-Bike Law
The explosion of e-bike popularity in the past few years has led to unprecedented spending, making this one of the fastest growing markets in the US. Retail sales of e-bikes hit $77 million in 2016 and have steadily increased since, checking in at almost $100 million in 2017 and soaring to more than $450 million in 2018. An astounding 460,000 e-bikes were sold in 2018, a number projected to double in the next five years. As retailers and manufacturers continue to rake in the revenue, less is understood about how many regulations govern where e-bikes can go, what equipment they can carry, and how fast they can travel .
Pennsylvania ranks among a handful of states across the nation to pass legislation that has specifically earmarked laws for e-bikes. However, even with the new laws in place, there is still little understanding of how to register or title an e-bike, what is required to sell one, and what equipment e-bike operators must have.
The state’s e-bike laws, which were enacted in 2016, are found in Pennsylvania Vehicle Code Title 75 (Chapters 3501-3516). Although e-bikes are also classified as bicycles, which appear elsewhere in the Vehicle Code, all e-bikes in Pennsylvania must conform with the laws that pertain specifically to electric bicycles.
Types of E-Bikes and Their Classification in Pennsylvania
An e-bike is defined as a bicycle with two or three wheels that has a battery, and an electric motor that can power it to move forward.
Under state law, e-bikes come in three different categories, or "classes." Each class limits certain features to allow policymakers and citizens to define each type for regulatory purposes. Bicycle law enforcement officers and other officials can use the classes when determining whether a certain e-bike is being used in accordance with the law. If an officer sees a person riding an e-bike that fits into the wrong class, they may decide to issue a ticket on the basis of the e-bike being operated illegally. Below is an outline of the three classifications of e-bikes under Pennsylvania law:
Penal Code § 3502(b) This classification is also known as "electric bicycles" or "low-speed electric bicycles." Class 1 must meet the following standards: For most everyday cyclists, class 1 e-bikes might seem like the best option. They have the widest application. They are allowed everywhere that traditional cyclists are allowed, and they’re allowed to travel at speeds up to 28 miles per hour. However, it’s vitally important to keep in mind that you’re still in charge of pedaling, and that over-exerting yourself can still result in overexertion injuries. We have seen plaintiffs bring injury actions against underlying defendants based on claims of overexertion, so it’s important to know your own limits on class 1 bikes in case of a serious injury.
Penal Code § 3502(c) This classification is sometimes referred to as "electric bikes" for some reason among the US cycling community. Class 2 must meet the following standards: The only difference between class 2 and class 3 is that class 2 bikes allow the user to engage the motor with a throttle, and class 3 does not.
Penal Code § 3502(c.1) This classification is sometimes referred to as "electric bikes" in some areas, making it a complete misnomer. Class 3 must meet the following standards: Sounds pretty similar, right? The only difference is that class 3 does not allow the use of a motor-assisted bike beyond 20 miles per hour (miles per hour is treated as the maximum speed limit for e-bikes in Pennsylvania), whereas class 2 does allow that.
Locations Where You Are Allowed to Ride Your E-Bike
Electric bike laws in Pennsylvania state that an electric bike may be operated on a road, bike path, multimodal path or trailer, approved non-motorized trails or paths, or a dedicated lane of an acceptable road with the following provisions:
(1) An electric bicycle may not be operated on or through a tunnel that is restricted to authorized vehicles. Note that some tunnels allow bicycles to pass through but states that it must be done to the right of the tunnel.
(2) An electric bicycle may not be operated subject to the following:
(i) Where motor vehicles are prohibited.
(ii) In a posted place where equestrian use is prohibited.
In addition, an electric bicycle is prohibited on an expressway and traffic way that are part of the National Highway System, except for the purpose of crossing a bridge or culvert where there is no alternative access. However, the trail, crosswalk or other recreational or pedestrian use thoroughfare for crossing must be at the same or superior grade as the expressway or traffic way.
All riders are required to yield to pedestrians and motor vehicles when necessary.
The Pennsylvania Department of Transportation, in consultation with the Pennsylvania Fish and Boat Commission, the Pennsylvania Game Commission and appropriate law enforcement agencies, may designate or prohibit areas within state parks, recreation areas and state, municipal and school district-owned land for the use of bicycles upon the determination that public safety would be better served by the designation or prohibition.
Minimum Age and Helmet Usage
Before riding in Pennsylvania, you should familiarize yourself with the e-bike laws in the Commonwealth. The e-bike laws can be found at 75 Pa. C.S. 3502, 3503, 3714, and 3717. The Department of Transportation has explained that the motorized bicycles covered by the law include "low-speed electric bicycles." Low-speed electric bicycles include "pedal-assist" bicycles, otherwise known as "pedelecs," and electric bicycles (also called "e-bikes") that do not have pedals.
Per 75 Pa. C.S. 3502, there are two classes of e-bikes. Essentially, Class I e-bikes are required to have a "functional operable display of the maximum speed" of the bicycle and Class II e-bikes are not. The functional operable display of the maximum speed requirement is considered a safety feature to reduce the possibility that an e-bike rider may inadvertently ride over the maximum speed limit. Class III e-bikes are required to have a pedal-assist and a functional operable display of the maximum speed, but they cannot exceed 25 mph.
If you have an e-bike, you cannot ride on sidewalks unless you are under the age of 12. If you are over the age of 12, you must be riding in the same direction of traffic in a bike lane or on the roadway. Failure to abide by 75 Pa. C.S. 3502 is a summary offense, punishable by a $25 fine.
65 Pa. C.S. 3714 requires that a child under the age of 12 wear a helmet when riding as a passenger or operating a motorized or non-motorized bicycle. The helmet law expands to others under the age of 16 riding as a passenger or operator of a bicycle, motor bicycle, or electric bicycle (also known as an e-bike). Although helmet laws are designed to keep riders safe, they do not account for the risk of more serious injuries resulting from an e-bike accident, such as road rash, broken bones, and traumatic brain injury.
Make sure that both you and your child’re wearing a helmet when riding in Pennsylvania – and consider upgrading helmets to something capable of taking more impact, more serious injuries, and, unfortunately, worse accidents.
Registration and Licensing Guidance
While other states may regulate electric bicycles with respect to OHV registration and licensure, Pennsylvania does not require e-bikes to be registered or the riders licensed. What is important, however, is knowing under what circumstances the motor’s battery is running and how fast an e-bike can go before triggering traditional motorcycle requirements.
The Pennsylvania Code defines a motorized pedalcycle as not a "motorized pedalcycle" as long as the electric motor of the bicycle is not more than 750 watts (1 horsepower) and the rider is pedaling (meaning 20 miles per hour or less). So, in essence, if the motor assists the pedaler up to 20 miles per hour, no registration is required; however, if the pedal cyclist travels, including motor assist, greater than 20 miles per hour, then the rider must be licensed and the cycle registered. The bottom line: the system when on register e-bikes sets 20 miles per hour as the threshold which if exceeded causes mandatory registration and licensure requirements to kick in.
If you are pedal cycling and do not exceed 20 miles per hour, no license or registration is required nor do you have to wear a helmet or follow motorcycle equipment requirements.
Equipment and Safety Gear Requirements
Safety and Equipment Regulations for Pennsylvania E-bikes
Electric bikes in Pennsylvania are subject to a variety of common safety and equipment regulations regardless of what municipality you may be riding in. Regardless of the borough, city or township where you live, the following requirements apply.
Your bicycle should be equipped with "at least one white light (headlight) on the front, and one red light or reflector on the rear," as either a permanent mount or removable one that can be attached to the bike when it is being ridden at night, according to § 3525 of the PA Vehicle code.
You should also have your e-bike outfitted with working brakes. "Brakes shall be adequate to stop on dry, level , clean pavement, free from loose material, within a distance not to exceed 15 feet, 30 miles per hour and 25 feet, 20 miles per hour." § 3528 of the PA vehicle code.
Bicycles, including e-bikes, are also required to be outfitted with two bells or approved whistles, which may be sounded to give audible warning to be given to the approach of the bicycle. Bicycles also are required to have a mirror on the left and right on handlebars or another structural mounted device affixed to the bicycle capable of providing a clear view of the road behind them, and work horns, bells, or other signaling devices that emit an audible signal audible for a distance of not less than 100 feet. § 3529 of the PA Vehicle code.
Penalty for Riding Non-Compliant E-Bikes
Failing to comply with Pennsylvania e-bike law will result in various penalties. For example, riding an e-bike on a pedestrian-only path will result in a $25 fine, and 2 points on your license. Riding an e-bike on a sidewalk can result in the same penalties.
When it comes to bike registration, you can be fined $10 for not registering your e-bike, and up to $25 for failing to display the registration sticker at all times. Of course, if you get into an accident or a dispute with someone while riding on a bicycle in Pennsylvania, you can be held liable for any damages you cause.
Clearly, penalties for non-compliance are something to consider and avoid. Make sure you understand the law, in order to stay within the boundaries of the law while out on the road.
E-Bike FAQs You Should Consider Before Riding in PA
Q: Are all e-bikes allowed on Pennsylvania’s roadways?
A: Not necessarily. Currently, Pennsylvania only recognizes e-bikes that are in compliance with the current Pennsylvania Vehicle Code (PVC) definitions of motorized pedacycles. However, under Act 59, [which will take effect in late Spring 2022] Pennsylvania may recognize other e-bike categories, which could include the full spectrum of e-bikes.
Q: I have a car license and insurance for my e-bike. Why do I need an independent e-bike license and insurance?
A: Statistics show that only 10% of cars are involved in a crash each year. E-cyclists are involved in about 17% of the e-bike accidents. Pennsylvania should require them to buy insurance to cover these cases instead of forcing auto insurers to pay the lion’s share of the costs.
Q: How do I register my e-bike and get a license plate?
A: The e-bike licensing process mirrors the current process for motorized bicycles. DMV will assign a tag that will identify the e-bike.
Q: Can manufacturers create removable batteries for e-bikes?
A: Yes. They could do so by creating a connection system that would allow the rider to add a new battery into the bike.
Q: Why are e-bike accidents so severe or catastrophic?
A: Riders typically don’t wear helmets, even though they fall into the "motorized" category that considers them more like a motorcycle than a bicycle. Helmets are mandatory when riding a motorcycle. However, if riders won’t wear them while riding motorized bicycles, they should be required to wear them when riding e-bikes.
Conclusion: How to Enjoy E-Bikes Responsibly
As we have discussed, e-bikes come with their own set of rules and regulations in Pennsylvania. This can make things tricky for people who simply want to use these increasingly popular modes of transport to ride around town. But by keeping yourself up-to-date on the limitations of where you can and cannot ride, what type of path you can take, and what sort of licensing and helmet use is required, you should be able to enjoy this efficient form of transport while still adhering to Pennsylvania state law.
To ensure safety and compliance with the law, we suggest the following tips:
Take your time learning how to ride an e-bike. It has different handling than a regular bicycle, and will take some time to get used to.
Travel at a safe speed. Although many e-bikes have a powerful motor, the operator is responsible for riding at a speed that is safe. Your speed may vary based on terrain and weather conditions.
Only use bike lanes or trails where bikes are permitted. As of the law change in 2016 , people could ride e-bikes wherever they could ride regular bicycles—unless otherwise prohibited by local ordinance. Familiarize yourself with local regulations before you ride.
Wear a helmet. As of 2021, the law now requires everyone under 12 to wear a helmet when riding an e-bike—and requires that all riders on Class 3 e-bikes wear a helmet, regardless of age. But our lawyers suggest wearing a helmet every single ride, regardless of age or class of e-bike—this will reduce your chances of suffering a life-altering brain injury.
Always obey the rules of the road. Avoid recklessly weaving in and out of traffic, signaling and making turns properly, stopping for red lights, and more.
Finally, if you’ve been hurt while riding an e-bike, whether you were injured by another vehicle or a defect in your bike or an off-path ride, get in touch with our Pennsylvania e-bike lawyers. We can help you understand your rights as an injured cyclist—we will help you seek the compensation you deserve for medical bills, lost wages, and other losses.