Common E-Bike Myths in New York City

E-Bike Legal Issues

Myth: "New York City bans E-Bikes"
Fact: New York City law does not define "e-bike."  It does ban "motorized scooters," which it defines as:

For purposes of this section, the term “motorized scooter” shall mean any wheeled device that has handlebars that is designed to be stood or sat upon by the operator, is powered by an electric motor or by a gasoline motor that is capable of propelling the device without human power and is not capable of being registered with the New York State Department of Motor Vehicles.

Class 1 e-Bikes do not fit the definition of "motorized scooter," and therefore are not banned in New York City.  Class 2 and 3 e-bikes do count as "motorized scooters," and there fore are banned.

Myth: "The New York State Department of Motor Vehicles does not register electric bicycles, therefore their operation is prohibited in New York City."
Fact: Where do I start with this one... Why is a New York City agency explaining the law using a term ("e-bike") not defined by the law?  Also, the logic is lacking.  The world is full of things that NYC State DMV does not register, and yet are still legal in New York City.  "NY State DMV does not register sneakers, therefore walking is prohibited in New York City."

Myth: "It is legal to own or sell an e-bike [motorized scooter] in New York City."
Fact: It is legal to own one, but not to sell or rent one.  E-bike shops selling bikes that fit the definition of "motorized scooter" have been fined repeatedly.  Those that only sell class 1 e-bikes are also commonly fined (wrongly); but they are generally successful at fighting those fines, because selling class 1 e-bikes in NYC is not illegal.
https://player.fm/series/wnyc-news/the-peoples-guide-to-power-electric-bikes-edition

Bicycle shops in New York City committed to selling only legal class 1 e-bikes, and that have consistently fought off bogus fines, include Greenpath, Bicycle Habitat, and Propel E-Bikes.

https://data.cityofnewyork.us/Business/Electric-Bikes/k727-q5pu/data

Myth: Bicycles are subject to all the same rules of the road as automobiles.
Fact: This is approximately true, but is obviously false if one thinks about it for 5 seconds.  There are plenty of places where the rules differ.  Cars are banned from bike lanes and paths.  Bikes are banned from freeways.  And so it goes...  Here are a few more differences:
https://www.dot.ny.gov/display/programs/bicycle/safety_laws/laws

E-Bike Speed

Myth: "E-bikes go really fast."  I've heard reports from scared pedestrians of 30mph, 40mph, even 60mph.

Fact: The motor on class 1 and class 2 e-bikes, by far the most common in New York City, cuts out at 20mph; about the speed of a strong cyclist.  If they are going faster than 20mph, it is either because they are going downhill or the rider is pedaling really hard.  Of course it is possible to "mod" and e-bike, and such "mods" would be illegal.  But that is rare.  I have been riding an e-bike in New York City for 7 years; and in that time, I have seen only TWO e-bikes going faster than 20mph on motorized power.
     Class 3 e-bikes go up to 28mph under pedal assist.  They are quite expensive and also rare in New York City.  Not only are they not legal, they don't even qualify as an "e-bike" by Federal regulations.  From a practical standpoint, class 3 e-bikes are not a serious issue in New York City; and 99.9% of e-bikes on the road have a top speed of 20mph.


Myth: "Throttle E-bikes go faster than pedal assist (class 1) E-bikes"

Beginning Jan. 1, businesses that dispatch the fastest class of e-bikes — those with throttles

Fact: All class 1 and class 2 e-bikes --- the most common in New York City --- are limited to 20mph.  E-bikes being pedaled accelerate faster, and are more likely to reach their top speed, than e-bikes not being pedaled.  This should not be surprising when one thinks about it...