Understanding Massachusetts Electric Bike Laws

Overview of E-Bike Laws

E-bikes have become increasingly popular in recent years, as commuters and recreational riders alike are drawn to their capacity to help riders travel longer and faster with less exertion. Despite their widespread adoption, e-bikes remain relatively unregulated in the United States. It is a common misconception that all e-bikes are subject to the same set of regulations as gas-powered motorcycles. They are not. Under Massachusetts law, electric bicycles can be divided into three categories, based upon the amount of assist they provide to the rider. The first category is referred to as an "Electric-Assisted Bicycle," which is a bicycle that has an electric motor that provides assistance only when the rider is pedaling but will not provide assistance while the rider is not pedaling, which means that the assistance is disabled when the rider stops pedaling. Because an Electric-Assisted Bicycle is subject only to the rules and laws applicable to bicycles generally, riders do not need a driver’s license to operate the vehicle, and it does not need to be registered and insured. State law requires riders of Electric-Assisted Bicycles under sixteen years of age to wear a helmet. The second category of electric bike is known as an "Electric Bicycle with Operable Pedals," which is a bicycle that has an electric motor that provides assistance whether or not the rider is pedaling. Such an electric bike’s motor may also be used to accelerate the bicycle without the rider pedaling, so long as the bicycle is not operated at speeds greater than 20 miles per hour on level ground. On level ground, the device will produce no assistance above 20 miles per hour. Furthermore, the device will cease to provide assistance when the rider applies the bicycle’s brakes. Because devices in this category have operable pedals, they are not considered to be a "motorized bicycle" under Massachusetts law. They are instead treated as ordinary bicycles , which means that their users need not possess a driver’s license to operate them, and they need not be registered and insured. Such a device is subject to the same rules as those applicable to bicycles generally. Riders of Electric Bicycles with Operable Pedals under sixteen years of age must wear a helmet. The third and final category of electric bike is an "Electric Bicycle without Operable Pedals," which is a bicycle with an electric motor that cannot be operated using the pedaling of the rider. Instead, it must be powered exclusively by a small engine or a battery. Such a device is commonly referred to as an e-bike, a name that is often used interchangeably with the term electric bike despite the fact that many e-bikes do not fall into any of the three categories described above. Because it is a motorized vehicle, the operation of such an electric bike is subject to the rules and laws applicable to road vehicles generally, which means that its user must possess a driver’s license to operate it, that the device must be registered and insured, and that its operation on public roads must be approved by local authorities. To these points, it is important to note that local authorities may prohibit the operation of Electric Bicycles without Operable Pedals on roads that lack a posted speed limit or on roads where the speed limit is greater than 30 miles per hour. Additionally, local authorities may prohibit the operation of Electric Bicycles without Operable Pedals on sidewalks outside of business districts or in locations where bike paths or lanes are provided. Light electric bicycles, which are defined to be electric bikes with a maximum speed of less than 20 miles per hour, can only be operated on recreational paths and places where non-motorized vehicles are allowed, which include sidewalks in business districts. Riders of Electric Bicycles without Operable Pedals under sixteen years of age must wear a helmet.

E-Bike Classifications

As previously stated, most of the regulations governing electric bikes pertain to the legal use of electric bikes on trails and public roads. However, there are some "classification" issues that are more on the technical side, that deserve a mention. In general, Massachusetts has adopted the three classifications recognized by the federal government, as follows:
Class 1: An electric bike equipped with a bidirectional resistance sensing brake or an external brake control that cutoff motor assistance when the rider applies the brakes. Class 1 bikes have an electric motor that engages only when the rider is pedaling the bike and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.
Class 2: An electric bike equipped with a power-assist mechanism which, when the rider stops pedaling, continues to propel the bicycle at a maximum speed of no more than 20 miles per hour and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.
Class 3: An electric bike equipped with a power-assist mechanism which, when the rider stops pedaling, continues to propel the bicycle at a maximum speed of no more than 28 miles per hour, but not at a speed greater than is reasonable and safe. The Class 3 bike must also be equipped with a speedometer that displays the speed of the bicycle in miles per hour and that is accurate within +/- 5 percent of the actual speed of the bicycle.
Another issue relates to e-scooters and mopeds. While these vehicles are not strictly regulated under the Massachusetts electric bike law, Chapter 90, Section 34M, section 1 explicitly states that "This section shall not apply to mopeds, scooters, motorcycles, commercial motor vehicles or such other types of vehicles as may be designated by the registrar." Regardless, the operator of an "e-scooter or moped shall be subject to all applicable state and local laws, ordinances, rules, orders, regulations and conditions of a permit of license granted by a governmental agency for the operation of such device."
Other than that, it is still not explicitly clear whether an e-scooter or moped exceeds the 20MPH limit on bikes and therefore excludes themselves from the cycle classification. But, for the purpose of this article, e-scooters and mopeds should be considered separate and distinct from bikes, and should be treated as such.

Where Are You Allowed to Ride E-Bikes?

When you ride a standard bike, you are likely to encounter a number of spaces where you commonly ride, including on roadways, bike paths, sidewalks, or trails. These all have different laws and rules. Electric bikes face the same rules as standard bikes as to where you can ride.
On Roadways
You can ride electric bicycles on roadways unless the municipality has passed an ordinance or bylaw prohibiting them on certain types of roads or in certain areas. This means you should check before you go for a ride to make sure you don’t venture into an area where the municipality does not allow electric bicycles. When riding on a roadway, you must follow the same rules that you would follow if you were riding a standard bicycle. This includes:
On Bike Paths
The law is a bit hazier as to if you may ride an electric bicycle on a bike path. While the law does not prohibit them, it is also not specifically allowed. The law merely states that bikes should be used on roadways and bike paths and regulations shall be promulgated by the Massachusetts Department of Transportation as to their use. To date, no regulations by the Massachusetts Department of Transportation have been published, meaning there are no limitations or rules as to using electric bicycles on bike paths. This means that it is best to check with the municipality where you will be riding your electric bicycle as to whether it is allowed using its bike paths. Some may allow them, some may not. It is best to check first before going out for a ride.
On Sidewalks
Unless the municipality has a specific ordinance prohibiting them from being used, you are permitted to ride an electric bicycle on a sidewalk.
On Trails
It is unclear if you are allowed to ride an electric bicycle on unpaved trails. Because the law has no specific provision permitting this, it is best to check with the municipality where you intend to ride as to whether it is allowed.

Age and License Requirements

Massachusetts has clear age restrictions for those looking to operate e-bikes. The most common type of electric bicycle category is the Class 3 e-bike. Riders must be at least 16 years old to ride a Class 3 e-bike, which is defined as an electric bicycle equipped with a speedometer and an electric motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour. Among all classes of electric bicycles, only Class 3 e-bikes are prohibited from being operated in bicycle lanes unless regulated by local ordinance or regulation.
Those 16 years old or younger must wear a helmet while riding a Class 3 e-bike. While many e-bikes do not require a license or permit for operation, the use of a Class 3 model does require that the rider possess a valid driver’s license or permit while adhering to all driving laws and regulations within the Commonwealth of Massachusetts.
The stricter rules in Massachusetts make it imperative that you have clarity on the Commonwealth’s e-bike laws when starting an e-bike or e-bike accessory business. With so much evolving in the e-bike area, Massachusetts will continue to align its laws with evolving standards of e-bikes and their operators.

Safety Gear Requirements

Helmet and safety equipment requirements for electric bike riders in Massachusetts
As an electric bike rider in Massachusetts, you must follow certain laws and regulations that aim to protect not only yourself but also those around you. One such requirement is the mandatory use of safety equipment while riding an electric bike.
According to Massachusetts General Law Chapter 85, Section 11B, any person under the age of 16 will be required to wear a helmet while riding an electric bike. There are also requirements for reflectors on the bike, bright color clothing, and additional safety equipment that may be considered a necessity for certain riders.
Massachusetts General Law Chapter 85, section 11B requires that a bicycle and its operator be equipped with reflectors if operated after dark or when visibility is poor. The regulations state:
"Every bicycle when operated during the hours from half an hour after sunset to one half hour before sunrise shall be equipped with: (a) at least one red rear reflector, of a type approved by the registrar, which shall be properly attached to the rear of the bicycle; (b) at least one white front reflector, of a type approved by the registrar, which shall be properly attached to an upper part of the front fork or mudguard; (c) at least one amber reflector, of a type approved by the registrar, attached to the left side of the bicycle; (d) at least one amber reflector, of a type approved by the registrar, attached to the right side of the bicycle. Such reflectors may be incorporated in or affixed to the tires of such bicycle or, at the option of the owner of such bicycle, may be incorporated in or affixed to the seat, mud guard, or other similar part of the bicycle except that the reflectors required by clauses (a) and (b) above shall neither be covered by nor obscured by any part of the bicycle; (e) any type of bright cloth or equivalent material, of a color readily visible to others while traveling at night, which is attached to the rear of the bicycle and which is at least one square foot in area when extended; (f) a light which shall emit a white light straight ahead during the hours from one half hour after sunset to one half hour before sunrise, of a candlepower sufficient to be visible under normal atmospheric conditions from a distance of five hundred feet; provided, however, that the provisions of clause (f) shall not apply to any person who is under the age of sixteen years and who shall be riding on a bicycle which was manufactured prior to September first , nineteen hundred and seventy-six, unless such bicycle is equipped with an electric motor and unless such person shall elect to ride on a bicycle equipped with one of the lights required by clause (a) of this section. No bicycle shall be equipped with or have attached to it a bell emitting a sound of not more than seventy-five decibels measured at three feet in proximity to the bicycle, nor shall any bicycle be equipped with or have attached to it a horn emitting a sound of more than one hundred decibels at three feet in proximity to the bicycle."
There are also lighting requirements for any electric bike that is operated between dusk and dawn. Regulations state:
"Every bicycle when operated during the hours from one-half hour after sunset to one-half hour before sunrise when visibility is poor shall be equipped with: (a) a lamp which produces a white light, visible under normal atmospheric conditions from a distance of five hundred feet in front of the bicycle, (b) a lamp which shall show a red light, visible under normal atmospheric conditions, from a distance of three hundred feet to the rear of the bicycle, and (c) reflectors in the manner and on locations hereinafter set forth, which shall be fixed to, or as an integral part or extension of, each of the following parts of the bicycle, so as to reflect light in all directions: (i) rear reflector; (ii) front reflector; (iii) amber reflector on the left side of the bicycle; (iv) amber reflector on the right side of the bicycle; and (v) amber tire reflectors on the front and rear tires, alternatively on each side. The reflectors required in clauses (ii) and (iii) of the preceding sentence may be incorporated in or affixed to such other part of the bicycle so that the reflectors are unobscured and visible. In the application of the provisions hereof to bicycles manufactured before September first, nineteen hundred and seventy-five, functionality and visibility standards need only be met to the extent that such standards are mechanically applicable to the bicycles; provided, however, that conforming reflectors may be purchased and installed after-market."
Beyond mandatory requirements, there are also recommendations concerning additional safety equipment to be carried by electric bike riders. These items include a first aid kit, a repair kit, water and sunscreen. Items such as a pump and flat kit are also highly recommended.

Penalties for Violations

For those who are caught using their electric bicycles unlawfully, the penalties can be steep. As an overarching theme, Massachusetts has taken a hard stance when it comes to motor vehicle-related matters, including regulations surrounding electric bicycles, and seeks to identify violators early on by utilizing stiff penalties. The penalties for violations differ depending upon the nature of the violation. For instance, violating the Massachusetts Bicycle Law, MGL c. 88 § 4, which provides that a bicycle cannot be more than 14.9 miles per hour, can result in a fine between $10.00 and $25.00. Violating another Massachusetts statute, MGL c. 269 § 12 §V, which states that non-compliant riding by a cyclist is unlawful and that riding a bicycle on a sidewalk in an area where signs prohibit such activity is punishable by fines, can result in fines from $50.00 to $100.00. The statute also makes it unlawful to ride a bike on a way, as defined by a decision in the Commonwealth v. Lancaster, in a manner that creates a substantial hazard or does not afford other persons proper regard for their safety. This violation is punishable by fines ranging from $200.00 to $300.00. Other fines for violations of the law include but are not limited to a $200.00 fine for riding on a sidewalk in an area where such activity is prohibited, as well as a $200.00 fine for failing to yield the right of way. Moreover, violators may be subject to penalties in addition to a $100.00 fine. However, the penalties are not as strict when it comes to minors. If a minor receives a second or subsequent fine in a twelve-month period, he will be required to complete an educational program approved by the Chief of Police, but only in addition to the financial penalty. While the relevant Massachusetts statutes are purportive, there may also be local statutes in one or more municipalities that regulate electric bicycles and impose penalties for unlawful use. To that end, anyone using an electric bicycle in Massachusetts should be sure to familiarize themselves with the rules and regulations of their locality to avoid penalties.

Notable Changes in E-Bike Legislation

Efforts to understand the rules and regulations surrounding electric bikes (E-Bikes) in Massachusetts have been complicated by the fact that the General Court of Massachusetts, through Speaker of the House Robert DeLeo, has officially recognized that the current statewide law is outdated and therefore must be modified.
There have been a number of changes to E-Bike legislation at the municipal level over the last couple years, primarily stemming from the Commonwealth’s push to make state government buildings more accessible via biking and the recent expansion of the LimeBike e-bike program, a point that was made recently by Speaker DeLeo when he said, "The Commonwealth’s evolving bike sharing programs, massive and continued investments in bike lanes and paths, adoption of protected bicycle lanes, and the proliferation of bike share programs have compounded the need for legislative certainty for the operation of e-bikes".
This isn’t the first time Speaker DeLeo has spoken in favor of a legislative Bill (H. 1547), that will remove the distinctions between classes one and two and treat both classifications as class three e-bikes.
While a number of municipalities are doing their part to make their communities more welcoming to e-bikes and relieving the restrictions on e-bikes in general, such efforts have not yet permeated all corners of the commonwealth.

Conclusion: Advocating for Safe E-Bike Riding

In conclusion, knowing all e-bike laws here and how they apply to you is vital for your safety and the safety of others. Massachusetts law permits local regulation of e-bikes. These laws can vary from municipality to municipality, which means that it’s particularly crucial to know the rules that apply in the area where you ride most. It also means that regulations can change unexpectedly, and not necessarily in a way that benefits e-bikers . So if you’re not familiar with the laws where you live or other places you frequently ride, we urge you to find out what they are. Knowing the limits on your device, speed limits, where you can ride and under what conditions, and other factors can help you operate your electric bike safely and legally. Our attorneys encourage all motorized bike riders to enjoy riding the roads in safety, both for their own safety and the safety of other travelers.