What Exactly is Considered an E-Bike in Washington?
Washington State defines an e-bike, or electric bicycle, as any bicycle equipped with a motor that assists the rider when pedaling. The statute now provides a reduction in the speed limit for Class 3 e-bikes to 15 mph unless there is an action by the local governmental entity to reduce the maximum speed allowed for Class 1 and Class 2 e-bikes. Most commonly, Class 3 bikes are limited to 15 mph where a competing bike lane intersects with a crosswalk.
If an e-bike can be used without pedaling, it falls outside the definition of an e-bike. It is important to recognize this definition, as the courts will follow the definition in the statute as long as it is not ambiguous. Washington courts will avoid using statutory definitions when other definitions are provided.
The Washington State Legislature included two classes of e-bikes, a Class 1 e-bike and a Class 2 e-bike. A Class 1 e-bike is essentially similar to a Class 2 e-bike , meaning that in order for either class of e-bike to be used, the rider must pedal so that the motor will provide assistance. While the two classes differ on how fast assistance may be provided, they otherwise are quite similar. Class 3 e-bikes differ from Class 1 & Class 2 e-bikes in that Class 3 e-bikes may be used without pedaling the bicycle as long as the Class 3 e-bikes obey all laws, including local speed limits, traffic controls, and stop lights.
Class 1 e-bikes may provide motor assistance whenever the rider is pedaling; that is, any time the rider is pedaling, the motor may provide assistance up to 20 miles per hour. Class 2 e-bikes may provide assistance whenever the rider is pedaling or even if the rider is not pedaling. This means that if the rider simply wishes to use the bicycle as transportation without adding any effort, the motor will provide the assistance and propel the bicycle forward at 20 miles per hour.
Age and Licensing Restrictions
The Washington State E-bike laws do not require riders to be a specific age to operate a Class 1 or Classes 2 or 3 e-bike. Riders must be at least 16 years old to operate any Class 2 or 3 electric bicycle. A rider must be 14 years old to operate a Class 1 e-bike. Bicycle Operators- Rides on e-bikes are not required to have a motorcycle operator’s license. Keep in mind that many state and local government agencies, as well as the military, run programs to check the licensing of the e-bike operator.
Where You’re Allowed to Ride E-Bikes
E-bike riders in Washington State can enjoy the use of their bicycles in a large number of places. In general, e-bikes can be used on roads and bicycle paths, and a great many trails if they are not posted. However, a limited number of trails, activity centers and parks do not permit the use of e-bikes within their boundaries.
The Washington Department of Natural Resources (DNR), the United States Forest Service (USFS) and the United States National Park Service (NPS) have restricted the use of electric bicycles within certain areas. Electric bicycles may not be operated on DNR roads, trails, or lands, or on USFS roads or trails within national forests in Washington State. Additionally, electric bicycles may not be operated on roads or trails managed by NPS, except under certain circumstances. The restrictions sometimes vary within the different USFS and NPS units, so check the local regulations.
Electric and non-electric bikes are subject to the same restrictions on the use of state parks and Washington wildlife area lands with restricted access. Refer to Washington Administrative Code 352-32-073 for further details.
Safety Gear and Equipment Requirements
Under Washington State law, e-bike riders are required to wear a helmet that meets or surpasses the standards set forth by the United States Consumer Product Safety Council or the Snell Memorial Foundation, Inc. (An e-bike helmet can be your standard bike helmet or any other headgear made for use while riding on a bicycle. Just as long as it meets the safety requirements of those named organizations.) This requirement is in addition to the law requiring all cyclists under the age of sixteen to wear a bike helmet at all times.
As Washington State only allows each type of e-bike to be ridden within the state guidelines, the only safety equipment that needs to be worn by these riders is that of a standard bike. In other words, only the rider on a Class Three e-bike must wear a helmet. Once the rider passes the sixteen marker, he or she is permitted to ride without one. For riders of e-bikes in the other two classes, it is not a legal requirement to wear a helmet.
There are also some other mandatory safety equipment and gear that all types of e-bike riders are required to have on their vehicles. This includes a working bell, horn or other noise-producing instrument, and either a mirror or a flag at least five feet high attached to the back of the e-bike. The purpose of this additional equipment is to warn pedestrians and other riders that the e-bike is approaching.
What Speed Limits Do E-Bikes Have?
The last section of the Washington statute related to speed limitations of e-bikes only may be addressed to Class 1 bicycles, although there is some question as to whether the language actually applies to any and every "motorized bicycle." The statute states, (emphasis added):
A person operating a motorized bicycle may not operate the bicycle at a speed exceeding 20 miles per hour on a bicycle path, road, or trail.
As a result, if you ride a Class 1 e-bike faster than 20 mph on a bike path, road, or trail, you are riding contrary to the terms of the statute. The statute does not set a speed limit for Class 2 e-bikes because all power assistance on Class 2 bikes will end when the rider reaches 20 mph .
The statute does not state what the penalty is for riding an e-bike over the speed limit maintained above. My research revealed no criminal elements for exceeding the e-bike speed limit. Nor did I uncover any civil penalties or fines. Because it is not a crime to exceed the speed limit on the road or trail and because there are no rules or laws that say the penalty for breaking this law is impoundment of your bike, as no such penalties exist for motor vehicle drivers who exceed speed limits, cities and counties cannot enforce this rule against ebikes.
The statute appears carefully written to address only increases in penalties for riding mopeds on trails (allowed on roads and public highways once registered, and not permitted on many trails).
Do E-Bikes Need to Be Registered and Insured?
Washington State does not currently require bicycles or e-bikes to be licensed and registered with a government agency like the Department of Licensing. Washington state may, however, have some options to join a statewide or national registry. E-bikes are considered bicycles under Washington law. There is no distinction between a traditional bicycle and an e-bike in the registration context.
Currently, there does not appear to be any insurance policy specific to traditional bicycles or e-bikes in Washington state. Homeowner’s insurance or rental insurance usually covers bicycles or e-bikes stolen from a home or residence for a limited time. This coverage is also very limited in scope and only covers theft while in your home or resident. Replacement costs or cash value is often considered when a claim is made and some insurers will limit coverage for expensive bicycles to $500. Additionally, policies may have sub-limit caps for loss of only a limited number of bicycles such as ten bicycles in any given year. Obtaining specific coverage for an e-bike in Washington state at a reasonable cost can be difficult.
Recent Changes and Upcoming Legislation
On February 9, 2023, Washington House Bill 1743 was signed and it became effective on March 15, 2023. The law allows for e-bikes to utilize recreational trails built for non-motorized users. Must be 16 years or older to operate an e-bike on trails. Must wear a helmet. Must have a horn. May not exceed the weight limit of the trail. No person shall ride with a passenger unless trails signs indicate that passengers are permitted. However , an operator may ride with an infant secured in a backpack-type infant carrier if the carrier is equipped with a protective restraint system. An individual may not operate a class 3 e-bike with a passenger unless the passenger is wearing a properly fitted and secured helmet. Cannot exceed 15MPH. Cannot be used on trails, paths, or sidewalks unless such use is explicitly allowed by the local jurisdiction. If a local jurisdiction gives written permission to allow e-bikes on trails, paths, or sidewalks the local jurisdiction must provide an educational program through a public outreach campaign.