A Unique Look at Texas Ebike Classification
Under Texas law, Electric Bicycle or "e-bike" is defined as a bicycle that: (A) contains fully operable pedals for human propulsion; (B) has two or three wheels; (C) has a maximum speed capability of 20 miles per hour or less; and (D) is powered solely by an electric battery or human power and the electric battery may not have the ability to propel the bicycle at a speed greater than 20 miles per hour .
The law further breaks down these e bikes into different classes:
An electric bicycle is considered a Class 1 electric bicycle if the electric motor only provides assistance when the rider is pedaling the bicycle and is disabled above a speed of 20 miles per hour.
An electric bicycle is considered a Class 2 electric bicycle if the electric motor only propels the bicycle when the rider is not pedaling and is disabled above a speed of 20 miles per hour.
An electric bicycle is considered a Class 3 electric bicycle if the electric motor only provides assistance when the rider is pedaling the bicycle and is disabled above a speed of 28 miles per hour.
Texas Ebikes: Where Can You Ride Them?
The nuances of where ebikes are permitted to ride are subject to both state and local laws in Texas. State law does not distinguish between the three classes of ebikes when it comes to where they can and cannot be ridden. Under Texas Vehicle Code Section 663.157, a person operating an electric bicycle on a public roadway has the same rights and duties as a vehicle operator.
Accordingly, all ebikes can be ridden on public roadways where traditional bicycles are permitted. However, there are exceptions. In Texas, it is illegal to operate any type of bicycle, including ebikes, where riding is prohibited by a posted sign. Specifics on this vary from locality to locality.
In addition to public roadways, Texas law allows cycling on bike paths. A bike path is "… a path, lane, or other facility for the exclusive use of bicycles or for the exclusive or primary use of bicycles and pedestrians." Like on roadways, the three classes of ebikes can all be operated on bike paths or lanes.
It is also legal to ride an ebike on a sidewalk unless a local ordinance states otherwise. Texas Vehicle Code Section 661.003(a) defines "Sidewalk" as "a portion of a highway that is given over to pedestrian use or alternate use by nonmotorized vehicles and that is distinct from the roadway." Since ebikes can go up to 28 mph, riding over 15 mph on the sidewalk may be unsafe for an alternate-using bicycle. Before riding on the sidewalk, check with your local ordinances to see if riding ebikes on sidewalks is allowed.
Every locality in Texas can have its own municipal ordinances prohibiting the use of bicycles, including ebikes, on various public properties. Local ordinances can restrict cycling on sidewalks, public parks, and other areas. Be sure to check any local ordinances to avoid fines and, in extreme circumstances, be cited or arrested.
The Age and Helmet Debates
In Texas, the rules for ages 16 and under remain unchanged from the traditional bicycle laws. All persons under the age of 17 are required to wear a helmet while riding a bicycle. This means that riders of Class 1, 2 and 3 ebikes 17 years of age and younger must wear an approved helmet while riding their bike on public highways. In addition, many local municipalities require specific age restrictions on riding a bicycle or ebike. For example, in Houston, Texas, riders under the age of 16 are prohibited from riding on the road (unless within a marked cross-walk), riding two abreast or riding at all between sunset and sunrise. Riders under the age of 10 are not permitted, in Houston, to operate an electric bicycle of any class. We recommend that riders familiarize themselves with all local ordinances or statutes before heading out on a bicycle or ebike. The criminal or civil consequences for violations can be severe.
Safety Precautions and Equipment Regulations
The state of Texas and its municipalities have certain safety and equipment standards for ebikes as set forth in the Transportation Code. According to Texas law, all electric bicycles must be equipped with a working braking system that enables the operator to execute the action of slowing or bringing the electric bicycle to a stop (in a safe and efficient manner) when traveling at speeds over 15 miles per hour. If you will be riding your electric bicycle at night, you will need to make sure that the vehicle has the following: It is important to note that just because the state has these standards does not mean that local municipalities do not have additional regulations pertaining to safety and equipment from those of the state. Such is especially true for cities that have special electric bicycle lanes.
Consequences of Violating Ebike Laws and Enforcement
Penalties for violation of the ebike laws in Texas vary by municipality. Generally, most municipalities impose a maximum fine of $200 for an individual offense in violation of these regulations. However, the cities of Houston and Austin have enacted their own ordinances that differ from the Texas Transportation Code and increase the minimum penalty for those offenders. For example, the cities of Houston and Austin subject first-time offenders to a minimum fine of $250 for a violations of the ordinances, however, the fine for repeat offenders is $500.
Another unpaid "ticket" could mean the suspension or revocation of a person’s driver’s license under the following scenario: A license suspension or revocation is not the only possible penalty for a violation of the ebike laws . In fact, the most common penalty for violating the municipal ordinances is to be asked to lock the scooter up. The officers do not want to ride the scooter back to the police department after having been stopped for riding in the wrong lane of traffic.
While there may have been a slight increase in enforcement, many people still assume that they are above the law while on their scooters. Due to the lack of bikeways, many riders choose to ride in ingress and egress lanes, which is against the law. When you are found to be in violation of the law or ordinance, the officers will stop you and give you a warning or "move along." These encounters mainly occur noon to midnight within the central business district.
How Does Texas Ebike Legislation Compare to Other States?
While Texas ebike laws provide a good framework for ebike operation, so too do the laws in many other states, which have close enough similarities to be useful. On the other hand, some states have laws that differ significantly from those of Texas, spelling out requirements that Texas users of these vehicles should be aware of. Many urban areas both here in Texas and around the country are adopting their own local rules for ebikes, some of which could run afoul of state law, so special attention should be paid to local ordinances as well.
For example, the State of New Jersey has a definition for "low-speed electric bicycle" very similar to that used in Texas. The differences involve the maximum power output of the motor (750 v. 750W) and the maximum speed on a "level surface" (20 mph v. 28 mph). These differences could have important implications for users of Class 3 e-bikes who find themselves in New Jersey. The State of New York also defines "low-speed electric bicycle" in a manner consistent with the Texas version, but specifies that in order for the "low-speed electric bicycle" to be considered a bicycle, the operator of the bicycle must be over the age of 16.
Georgia has defined "electric assisted bicycle" to be essentially the same as Texas, but includes a critical addition: whereas the Texas statute only allows for operation on roadways, Georgia law also allows for use of electric bicycles "on other areas where bicycles are permitted and on bike paths."
In California, classifying an operator as a user of an electric bicycle under the California Vehicle Code’s Division 16.7 provides the same privileges and Restrictions as a regular bicycle operator, unless otherwise set forth in the Vehicle Code or local ordinances.
Courts in Florida have granted police officers broad authority to define electric bicycles as motor vehicles in certain jurisdictions. However, Florida also has adopted regulations regarding the use of electric bicycles on bicycle paths, bike trails, and other facilities, including sidewalks and streets.
Florida and Tennessee are two states where there is no definition for an electric bicycle. Instead, they defer to the national ISO/DIS 4210 entitled "Cycles-Safety Requirements for bicycles."
Louisiana has adopted strict regulations with regard to motorized bicycles and mopeds. The Mosquito Control District of Jefferson Parish, Louisiana has even published a brochure that explains the differences between electric bicycles and mopeds. Mismatched and varied laws have created a patchwork of ebike rules and regulations across all states and municipalities that has resulted in confusion and frustration for many e-riders and police officers enforcing the laws.
Some districts within other states have completely banned ebikes over safety concerns. These bans and restrictions may be appealed, depending on the laws of the state and the governing body that adopted the restriction.
Factors that may impact day-to-day operations of ebikes include: As ebike laws evolve in other states, it may make their way to Texas. In the meantime, here are some anticipated ebike developments likely to take place in Texas over the next few years:
What Is Ahead for Texas Ebikes: Future Prospects and Developments
As our society becomes more cognizant of the impact of fossil fuels on the environment, the shift towards more environmentally-friendly modes of transportation will likely continue. In this regard, Ebikes constitute one component of what has become a much larger industry of electric and partially electric motorized vehicles. As Ebike design and efficiency continues to evolve, future developments in this industry will also affect the future regulation of Ebikes in Texas and beyond.
Legislative Changes
Texas currently has a top speed limit that caps all Ebikes at 28 miles per hour. While it seems that Texas has an upper bound on the maximum speed, proposed changes to the Texas Transportation Code would increase the top speed for certain classes of Ebikes to 36 miles per hour. Whether or not the Texas government ultimately decides to raise the top ebike speed limit, the fact remains that more companies are developing Ebikes capable of faster speeds . This may necessitate a wider array of classes or categories for Ebikes in Texas, particularly as the popularity of Ebikes increases and the industry continues to grow.
Technological Changes
Change is often the catalyst needed to spark interest in a new industry. In the past decade, Texas has seen a number of disruptive technological changes, including innovations like Uber and Lyft that upended how transportation services are supplied and delivered. New and even more powerful batteries combined with engines capable of offering higher speeds, longer run times, and better efficiency could pose further challenges to Texas lawmakers in the future. Increased speeds and battery life could also contribute to more people using Ebikes for longer commutes.
With the constantly evolving nature of consumer demands and preferences, electric bicycle technology is constantly advancing. With each evolution, the number of ways to utilize electric bicycles also increases. Because of this fact, ebike laws in Texas may well evolve to keep pace.