Attorney General James Reminds New York Consumers and Businesses of E-Bike and E-Scooter Safety Requirements

NEW YORK – New York Attorney General Letitia James today issued a consumer alert reminding businesses, consumers, and families of New York’s important legal requirements for e-bikes and e-scooters. Bicycles with electric assistance, also known as e-bikes, and scooters with electric assistance, also known as e-scooters, are subject to strict safety requirements and speed limits in New York. After recent tragic deaths in New York City, Attorney General James is reminding New Yorkers that marketing and selling vehicles to New Yorkers as “e-bikes” or “e-scooters” that exceed state speed or power limits for those vehicles is a violation of New York law. Two-wheeled electric-powered vehicles that travel beyond those speed limits are not e-bikes or e-scooters under New York law. They may be e-motos, mopeds, or motorcycles that are subject to additional registration, licensing, and insurance requirements. New Yorkers are encouraged to file complaints with the Office of the Attorney General (OAG) about businesses putting New Yorkers in danger by illegally selling these vehicles by falsely labeling them as e-bikes and e-scooters.

“Our laws set limits on e-bikes and e-scooters to help keep New Yorkers safe, and the riders and companies who ignore them are putting everyone on our streets in danger,” said Attorney General James. “I urge businesses and consumers throughout our state to follow the law and keep unlicensed and unregistered motor vehicles off our streets. No one should have to fear for their lives when crossing the street, and I encourage New Yorkers to follow the law and report those selling illegal e-bikes and e-scooters to my office.”

The increased use of electric vehicles that exceed the legal limits set for e-bikes and e-scooters has led to a surge in injuries and fatal accidents in New York. The risks of these vehicles are higher when retailers misleadingly sell them as e-bikes or e-scooters, instead of as e-motos, motorcycles, or mopeds.

Under New York law, e-bikes must have an electric motor of less than 750 watts, and fall into one of three classes:

• Class 1, also known as low-speed pedal-assisted e-bikes, provide electric assistance only while being pedaled and only at speeds under 20 miles per hour.
• Class 2, also known as low-speed throttle-assisted e-bikes, provide electric assistance up to 20 miles per hour but have a throttle that allows the rider to use the motor without pedaling. 
• Class 3, also known as speed throttle-assisted electric bicycles, are similar to Class 2 e-bikes, but the electric motor assistance must stop when the bicycle reaches 25 miles per hour.

All e-bikes sold in New York must have a permanent label that identifies the bike’s classification number, top assisted speed, and the wattage of its motor. It is illegal in New York to ride a Class 1 or 2 e-bike with electric assist faster than 20 miles per hour.  It is also illegal to ride a Class 3 e-bike outside of New York City, or with electric assist in excess of 25 miles per hour. Riders must be at least 16 years old to legally operate any e-bike in New York state.

Under New York law, e-scooters are defined as having a maximum speed of no more than 20 miles per hour. It is illegal to ride an e-scooter in New York over 15 miles per hour. As with e-bikes, e-scooters sold in New York must have a permanent label that identifies the top assisted speed, the number of people for which it is designed and equipped, and the motor wattage. Riders must be at least 16 years old to legally operate or ride as a passenger on e-scooters in New York state. Cities, counties, and other local governments may have additional rules and ordinances regarding where and how e-bikes and e-scooters can be ridden.

Bicycles that go faster than 25 miles per hour with electric assistance in New York City, or faster than 20 miles per hour with electric assistance outside New York City, are not e-bikes under New York law, and are instead e-motos, mopeds, or motorcycles that may be subject to additional registration, licensing, and insurance requirements through the Department of Motor Vehicles (DMV).

Businesses can only advertise or sell vehicles as e-bikes to New Yorkers if they fall within one of the three classes, and may only advertise or sell vehicles as e-scooters to New Yorkers if they meet the definition of one under New York law, including by having a top speed of 20 miles per hour or less. Businesses cannot advertise or sell vehicles that are intended to be modified to exceed legal limits of e-bikes or e-scooters. Misrepresenting the characteristics of an e-bike, e-scooter, or other vehicle, converting one for illegal use, or selling one without the required label is illegal under New York law.

Attorney General James encourages all parents to carefully ensure that any bicycle, or e-bike, or e-scooter that they are purchasing for their children is safe and legal for their children to ride. Children under 16 may not operate any e-bike and may not operate or ride as a passenger in any e-scooter. Riders aged 16 and 17 must wear helmets on e-scooters, and riders of any age must wear helmets on class 3 e-bikes. Cities, counties, and other local governments may have stricter requirements. Regardless of age or the type of bike or scooter, wearing a helmet is always strongly recommended for safety.

New Yorkers who believe a business is violating the law by selling e-bikes or e-scooters that exceed the legal safety limits should contact OAG by submitting a complaint online or by calling 1-(800) 771-7755.