All About Class 3 E-Bikes
In addition to there not being a statewide regulation on e-bike laws (as discussed in the prior section), there also is no common definition of e-bikes set forth in the Commonwealth’s statutory law. Rather, the classification of e-bikes into categories is left to the local or municipal level. In typical municipal ordinances , there seem to be 3 different classes of e-bikes that the Dentons E-Bike Team has observed across various municipal regulations.
Class 3 e-bikes are defined as "electrically assisted bicycles that are equipped with functioning electric motors whose maximum power output is greater than 750 watts (1.0 horsepower) and whose maximum speed is no more than 28 miles per hours when powered solely by the energy generated by the electrical propulsion system." Class 3 e-bikes provide a bicycle rider with a powered assist, but only while the bicycle rider is actively pedaling. Thus, although a Class 3 e-bike can reach a maximum speed of 28 miles per hour, the vehicle only accelerates to the maximum speed if its rider is also using his/her own leg strength to pedal.
Current PA E-Bike Laws
At the state level, there is no definition of "electric bicycle" in Pennsylvania law. In a 2018 opinion, the Pennsylvania Attorney General advises that an "electric bicycle" is classified as "an electrically assisted bicycle that has fully operable pedals" and is subject to the same licensing requirements as traditional bicycles. 52 Pa. Code § 1023.1. The Attorney General points to provisions in the Pennsylvania Vehicle Code that indicate this is the state legislature’s intent:
[A] bicycle shall not be mechanically propelled, except that it may be equipped with a motor of a type not exceeding 0.50 brake horsepower, the prime mover for which is wholly or in part operated or controlled by human power, which is not operated on or over a highway by the use of the attached motor unless the motor is disengaged and the bicycle is operated exclusively by human power. 75 Pa. Code § 1103 (emphasis added). See also 75 Pa. Code § 1504(1) (defining "electric bicycle" for purposes of its definition of "bicycle lane" to exclude "(i) an electrically motorized bicycle; or (ii) a moped or motor-driven cycle"). The Attorney General represents the Commonwealth of Pennsylvania and its opinion is not binding on any courts.
According to the Pennsylvania Department of Transportation, the Motor Police Law defines electric bicycles as bicycles to which an electric motor stimulus is applied. The Commonwealth wants motorized bicycles to be registered and obtain title decals as "motorized bicycles." The garage mechanic law applies to motorcycles only.
Class 3 E-Bike-Specific Laws
Similar to the other classes, the legality of riding a class 3 e-bike in Pennsylvania is subject to a number of state and local regulations. In particular, Class 3 e-bikes are subject to certain equipment standards under the Vehicle Code, which mirror the requirements for bicycles. Specifically, according to Pennsylvania Vehicle Code Title 75 Section 3507, "[a] bicycle must be equipped with at least one brake adequate to stop the bicycle under any condition of loading." Additionally, "a bicycle must be equipped with reflectors or reflectorized devices, in place of reflectorized material. Reflectors and reflectorized devices [in the front and back] shall be positioned so as to reflect as much light as is practicable during darkness or other conditions of reduced visibility." Further, "The reflector or reflectorized device [on the front] shall be white in color and be as high as practical above the center of the bicycle wheel and may be included in the head lamp assembly." Additionally, "[t]he reflector or reflectorized device [on the rear] shall be red in color and be as high as practical above the center of the bicycle wheel and may be included in the tail lamp assembly." Finally, "[a] bicycle must be equipped with a bell or a sounding device on the bicycle, or, if the vehicle is a bicycle attached with a baby seat, a horn adequate to warn pedestrians of the approach of the bicycle."
With respect to helmet requirements, as discussed above, riding a class 3 e-bike does not legally require helmets for riders ages 16 and older, unless local ordinances specifically require them. However, riders may still be subject to helmet laws applicable to motorcycles (if they hold a motorcycle license). Another avenue through which local municipalities can regulate e-bikes is through the establishment of local roads, paths, and trails where Class 3 e-bikes can and cannot be operated. For example, on August 3, 2017, Lower Allen Township passed an Ordinance prohibiting the operation of Class 3 e-bikes on most township property.
Class 3 vs. All Other Classes
Context is everything and that includes understanding e-bike classes in their legal context. As well as class 3, the three classes are defined as follows:
• Class 1 electric bicycles are those fitted with a motor that is only activated when the rider is pedalling and that ceases to assist once a speed of 20 miles per hour is reached.
• Class 2 electric bicycles are those fitted with a motor, which may be activated regardless of whether the rider is pedalling or not , but ceases to assist once a speed of 20 miles per hour is reached.
• Class 3 electric bicycles are those fitted with a motor that is only activated when the rider is pedalling and that ceases to assist once a speed of 28 miles per hour is reached.
The main differences between the various types of e-bikes are the classification and the maximum speed. Only Class 3 E-Bikes in Pennsylvania must meet certain conditions to be able to operate on the road system.
Given the potential for speed and riding location, Pennsylvania legislators drew the line: Class 3 electric bicycles may operate on the road system as well as on bike paths, but they are prohibited from operating on sidewalks, except to enter or leave the roadway, while all other types of e-bikes are prohibited altogether from bike paths and sidewalks in Pennsylvania.
Recent Law Changes and Introduced Bills
Legislation in Pennsylvania surrounding electric bicycles has been a constantly evolving area of law. While previously only class 1 and class 2 e-bikes were legal to use on public roads, a new law took effect on January 4th of this year that significantly changed the previous legislation. Previously, even though the law made no mention of class 3 e-bikes, Pennsylvania law enforcement agencies did not recognize their use in Pennsylvania.
The new law explicitly allows the use of class 3 e-bikes on public roads in Pennsylvania. However, this ability is not unfettered. With the new law, those who wish to make use of class 3 e-bikes must obtain approval from the Pennsylvania Department of Transportation. In order to obtain approval, the manufacturer or distributor of a class 3 e-bike must first apply to the Department for approval of safety standards. Further, the manufacturer or distributor must then label the approved safety standards on the e-bike once it has been approved.
However, the new law does not include a list of these safety standards. This has led to some criticism over the legislation as some see it as a way to stifle the use of public roads as the process to have the safety standards approved requires actions by manufacturers and distributors. This gives each manufacturer and distributor a significant amount of control over who can and cannot use class 3 e-bikes on public roadways and makes riding more susceptible to the market.
In addition to approval by the Department of Transportation, a number of local jurisdictions have passed restrictions on the use of class 3 e-bikes. For example, Philadelphia has prohibited class 3 e-bikes on sidewalks and within bike lanes, although many riders still ignore these rules without penalty. The new law allows local jurisdictions to regulate the use of class 3 e-bikes on any public pathways that are not roadways and to regulate the age of any riders of class 3 e-bikes on roadways.
Riding Class 3 E-Bikes Legally
If you own a Class 3 e-bike or are considering investing in one, it’s imperative to know how to abide by Pennsylvania’s rules regarding this unique vehicle. Here are a few practical tips for riding Class 3 e-bikes legally: Use a helmet. The state of Pennsylvania currently requires people under the age of 12 to wear a helmet whenever they ride a bicycle. If you’re riding a Class 3 e-bike, you should wear a helmet even if you’re older than 12 because of the increased speed at which you might by traveling. Comply with other traffic laws. Riding a Class 3 e-bike is similar to riding a regular bike in that it’s subject to the same laws. Stay observant on the road, yield to pedestrians, follow all traffic signs and signals, and don’t ride a Class 3 e-bike in restricted areas. Don’t neglect battery maintenance. Like any other rechargeable electronic device, Class 3 e-bikes require periodic battery maintenance. Check your owner’s manual for specific charging, maintenance , and storage instructions to help ensure your battery is working properly and your bike is operating as efficiently as possible. Be wary of maximum speed limits. In Pennsylvania, Class 3 e-bikes cannot exceed 20 miles per hour. Though some e-bikes are capable of going faster, it’s recommended that you adhere to the maximum speed limit in order to promote safe riding. Stay cautious when turning. The wheels of e-bikes have been known to lock up and result in accidents because the braking system of the bike was unable to handle the extra weight of the battery and motor. For this reason, it’s important to be especially cautious when turning on a Class 3 e-bike. Before you agree to the purchase of a Class 3 e-bike, be sure to try out the brakes to ensure that they work properly. If you plan to ride a Class 3 e-bike in the State of Pennsylvania, be sure to abide by all state laws and regulations regarding e-bikes. You can also research potential bike routes and trails to determine which paths will best suit your ability level and experience.