E-Bike or E-Moto? It Matters.

If it’s not an e-bike, then what is it? It’s essential for anyone interested in purchasing or operating a two-wheeled device on roads, bicycle facilities, or trails to understand the legal distinction between e-bikes and e-motos in the Code of Georgia.

E-Bikes‍

People sometimes use the term “e-bike” to refer to anything that has two wheels and an electric motor. However, electric-assisted bicycles are a clearly defined vehicle type in Georgia laws: 

An electric-assisted bicycle has two or three wheels, working pedals, a saddle, and an electric motor that does not exceed 750 watts (O.C.G.A.  § 40-1-1(15.3)). E-bikes are not motor vehicles, and they are generally treated the same as bicycles. If your vehicle has a more powerful motor than 750 watts, lacks pedals, or can achieve speeds over 20mph (throttle alone) or 28mph (pedal assist), it is not legally considered an electric bicycle.

This definition includes the following classifications of e-bike (O.C.G.A. § 40-6-300): 

E-Motos and E-Mopeds

Because of the diversity of new electric vehicles on the market today and a pervasive lack of understanding of state law, many vehicles being marketed and sold as “e-bikes” do not meet the legal definition of an electric-assisted bicycle. Instead, they are often classified as mopeds or motorcycles by the Georgia Code. They may even be unclassified and, therefore, not street-legal at all. If your vehicle meets the criteria for either of the following, it is not an e-bike:

Motorcycle

A motorcycle is any motor vehicle with a saddle, no more than three wheels, and an engine of 51cc or greater (1,000W-10kW+) (Georgia DDS). 

Rules to operate motorcycles on Georgia roads and highways: 

• Must be at least 16 years of age 
• Must possess a class M license or a class M instructional permit (MP)   (O.C.G.A. § 40-5-24 (c))
• Must register the vehicle
• Must wear proper headgear and eye protection (O.C.G.A. § 40-6-315)
• Must obey the same traffic laws governing drivers of motor vehicles
• Must keep proof of insurance (O.C.G.A. § 40-6-11) 
• May not be ridden in bike lanes, in cycle tracks, or on shared-use paths

Moped 

A moped is a motor driven cycle with an engine not exceeding 50cc (1,000-4,000W) and a maximum speed capability of 30mph (O.C.G.A.  § 40-1-1(28)).

Rules to operate mopeds on Georgia roads and highways:

• Must be at least 15 years of age and possess a valid driver’s license or permit
• Must wear proper protective headgear (O.C.G.A.  § 40-6-352).
• Must obey the same traffic laws governing drivers of motor vehicles
• May not use limited-access roads or other roadways where the minimum speed is above 35mph
• May not be ridden in bike lanes, in cycle tracks, or on shared-use paths

Modified E-Bikes and Illegal E-Motos

It is also common to see modifications being made to e-bikes to push them beyond their intended, safe use. E-bike modifications that increase the bike’s top assisted speed make your vehicle cease being an e-bike, even if it was originally labeled as one. Before you purchase a used e-bike, make sure that it hasn’t been modified.  

Other e-motos without a Vehicle Identification Number (VIN) are usually classified as off-road vehicles such as dirt bikes. These vehicles often cannot be legally registered or insured for public street use, limiting them to private land or specialized trails.

Reference:

https://law.justia.com/codes/georgia/title-40/

‍https://dds.georgia.gov/section-11-13‍

https://dps.georgia.gov/georgia-code-low-speed-vehicles

https://www.peopleforbikes.org/news/the-e-bike-problem-is-an-e-moto-problem

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This article is written by Go Georgia and supported by the Governor’s Office of Highway Safety.