Supporting Safe Electric Micromobility While Addressing Out-of-Class Electric Motorized Devices

Shared Mobility Inc. strongly supports the growth of safe, legal electric micromobility across New York State. Low-speed e-bikes and e-scooters can expand access to affordable transportation, reduce household transportation costs, support local businesses, improve public health, and help residents make more daily trips without a car.

We support expanding access to legal e-bikes and e-scooters and their safe, affordable use. However, higher-speed electric motorized devices are increasingly being marketed as “e-bikes” despite not meeting New York State definitions, creating confusion and undermining public trust in legal micromobility.

We welcome conversations with municipalities to discuss these recommendations further and better understand how they relate to local contexts. Municipalities should respond to this issue by regulating the device category accurately: protect and encourage legal low-speed e-bikes and e-scooters, while taking a clearer and stronger stance on higher-speed, out-of-class electric motorized devices.

Summary of SMI’s recommendations to New York State municipalities

SMI recommends that local governments across New York State take a balanced approach:

• Encourage legal e-bikes and e-scooters as affordable, practical, low-emission transportation options.

• Mirror New York State definitions for Class 1 e-bikes, Class 2 e-bikes, and legal e-scooters.

• Invest in public education so residents, parents, youth, retailers, and municipal staff understand the rules.

• Make clear that children under 16 should not operate e-bikes or e-scooters.

• Consult with shared micromobility providers before adopting local rules that could affect existing bikeshare or scooter-share systems.

• Distinguish legal micromobility from higher-speed, out-of-class electric motorized devices.

• Prioritize supply-side enforcement, truth-in-advertising, and retailer accountability.

• Avoid enforcement systems that rely primarily on fines against individual riders.

• Consider allowing legal e-bikes and e-scooters on roads posted above 30 miles per hour where conventional bicycles are already allowed and where local conditions support safe use.

• Consider e-bike rebate or incentive programs that make safe, compliant e-bikes more affordable for residents.

1. Legal e-bikes and e-scooters are not the same as e-motos

Under New York State law, e-bikes are defined by class. Outside of New York City, the relevant categories are Class 1 and Class 2 e-bikes.

A Class 1 e-bike is a bicycle with an electric motor that provides assistance only when the rider is pedaling and stops providing assistance when the bicycle reaches 20 miles per hour.

A Class 2 e-bike is a bicycle with an electric motor that may propel the bicycle without pedaling, but is not capable of providing assistance once the bicycle reaches 20 miles per hour.

E-scooters are also legal in New York State when they meet state definitions and are operated within applicable rules. Although an e-scooter may be designed with a maximum motor-powered speed of no more than 20 miles per hour, New York State law prohibits operating an e-scooter above 15 miles per hour.

These legal devices are fundamentally different from higher-speed electric motorized devices that may reach 30, 40, or more miles per hour, often lack operable pedals, and do not meet the state definition of a Class 1 or Class 2 e-bike or legal e-scooter. In this document, these devices are referred to as out-of-class electric motorized devices, and may also be described as “e-motos.”

Out-of-class electric motorized devices should not be treated the same as legal e-bikes and e-scooters. If a device does not meet New York State’s definition of a legal e-bike or e-scooter, it may be considered a motor vehicle and may require registration, insurance, and other legal requirements.

In many cases, these devices are not practically registerable because the manufacturer has not taken the steps necessary for the device to be registered for legal road use in New York State. The result is a confusing marketplace where consumers may buy a device they believe is an e-bike, only to later discover that it cannot be legally operated on public streets.

2. Public education is essential

Western New York e-bike rebate safety training session

The most important step municipalities can take is to help residents understand the difference between legal e-bikes, legal e-scooters, and out-of-class electric motorized devices. Many people are confused because online retailers use inconsistent or misleading language. A device may be advertised as an “e-bike” even if it does not meet New York State’s definition of an e-bike.

Public education should be simple and direct:

• Legal e-bikes in New York State are generally Class 1 or Class 2 devices with operable pedals and motor assistance that cuts off at 20 miles per hour, except where Class 3 e-bikes are separately permitted under state law.

• Legal e-scooters must meet state definitions and cannot be operated above 15 miles per hour.

• Riders must be at least 16 years old to operate e-bikes and e-scooters.

• E-bikes and e-scooters should not be operated on sidewalks unless local law specifically allows it.

• Higher-speed devices that do not meet state definitions are not legal e-bikes or legal e-scooters.

• Parents should not purchase e-bikes, e-scooters, or out-of-class electric motorized devices for children.

• Safe charging, battery handling, helmet use, visibility, and rules of the road should be part of any local education campaign.

  
  

Municipalities should work with community-based organizations, schools, local bike shops, public health partners, senior services, youth-serving organizations, and transportation advocates to share this information widely.

3. Children should not operate e-bikes or e-scooters

SMI recommends clear public education for parents, schools, youth programs, retailers, and community organizations: e-bikes and e-scooters are not toys, and they are not appropriate for children to operate.

Under New York State law, riders must be at least 16 years old to operate e-bikes and e-scooters. Municipalities should reinforce this requirement in public messaging and local education materials. Parents and guardians should understand that even legal low-speed e-bikes and e-scooters are transportation devices that require judgment, traffic awareness, balance, and responsibility.

This point is even more important for out-of-class electric motorized devices. Retailers and online sellers should be prohibited from marketing high-speed devices to children or teenagers as if they are ordinary bicycles. A device capable of traveling at motor-vehicle-like speeds should not be presented as a casual youth product.

4. Municipal rules should mirror state definitions and avoid a confusing patchwork

SMI recommends that local governments across New York State align their local definitions of e-bikes and e-scooters with New York State law. Municipalities should avoid creating new local definitions that conflict with state classifications or make it difficult for residents to understand what is legal from one community to the next.

Local rules should focus on Class 1 and Class 2 e-bikes and legal e-scooters.

Consistent rules matter. Riders should not need to guess whether the same legal e-bike becomes illegal simply because they crossed a municipal boundary. Local laws should clearly distinguish between:

• Legal Class 1 e-bikes;

• Legal Class 2 e-bikes;

• Legal e-scooters; and

• Out-of-class electric motorized devices that do not meet state definitions.

  
  

Municipalities may still regulate the time, place, and manner of e-bike and e-scooter use. For example, a municipality may decide to set lower speed limits on shared-use paths where regular bicycles are also subject to lower speeds. However, these rules should be targeted, easy to understand, and consistent with the broader state framework.

5. Maintaining access to shared micromobility

A CDPHP Cycle! station within the bikeshare network

Shared micromobility systems such as bikeshare programs have been providing safe, controlled access to e-bikes and pedal bicycles in a number of New York State communities for years. Before enacting any laws related to e-bikes, e-scooters, and electric micromobility, municipalities should consult with their local shared micromobility providers.

These systems are already highly regulated through operating agreements, municipal permits, speed-reducing technology, fleet management requirements, insurance requirements, parking rules, data sharing, and contractual oversight. New local policies may have unintended impacts on these existing transportation programs that already operate in partnership with municipalities.

Municipalities that host these programs should work with their provider to understand areas of proposed legislation that may impact ongoing delivery of these transportation services, while still achieving the intent of the legislation.

6. Enforcement should focus first on the marketplace, not just individual riders

Municipalities have a legitimate public safety interest in addressing out-of-class electric motorized devices, especially when those devices are operated at high speeds on streets, sidewalks, parks, trails, or other public spaces. However, enforcement strategies should be designed carefully.

Fine-heavy enforcement against individual riders can create inequitable outcomes. Across many areas of traffic and municipal enforcement, fines, fees, and discretionary enforcement have often placed disproportionate burdens on low-income residents, communities of color, and other disadvantaged groups. Municipalities should be cautious about creating new fine-based systems that may punish people who did not fully understand that the device they bought was not legally an e-bike.

SMI recommends that municipalities prioritize supply-side enforcement and marketplace accountability. This includes:

• Addressing false or misleading advertising when high-speed devices are marketed as e-bikes;

• Restricting local retail sale of devices that cannot be legally operated on public streets;

• Discouraging marketing of out-of-class electric motorized devices to children and teenagers;

• Educating consumers before they purchase a device;

• Encouraging New York State to take stronger action on online sales and mislabeling; and

• Working with reputable local bike shops that sell and service compliant devices.

  
  

Some municipalities may also choose to explore rider-facing enforcement for clearly illegal or dangerous use, including warning systems, diversion to education, or removal of illegal devices from public roadways where appropriate.

SMI is not recommending one specific enforcement model for every community. However, we strongly recommend that any rider-facing enforcement be paired with public education, clear warnings, and safeguards against inequitable impacts.

7. Municipalities should consider whether to allow legal e-bikes and e-scooters on roads over 30 mph where bicycles are already allowed

New York State generally limits legal e-bikes and e-scooters to roads with posted speed limits of 30 miles per hour or less unless local governments authorize broader use. SMI recommends that municipalities review whether this restriction makes sense for their local transportation network, especially since conventional bicycles are generally allowed on roads throughout the state posted above 30 miles per hour (excluding limited access highways).

This limitation appears to reflect New York’s broader statutory treatment of electric personal assistive mobility devices, such as Segway-style devices, rather than a standard approach used across all states for e-bikes and e-scooters. In practice, the 30 mph limitation can make legal e-bikes and e-scooters less useful in suburban, rural, and lower-density communities where important destinations are connected by roads posted above 30 miles per hour.

Municipalities do not need to take a one-size-fits-all approach. However, where conventional bicycles are already permitted, local governments should consider allowing legal Class 1 e-bikes, Class 2 e-bikes, and e-scooters on those same roads, subject to reasonable safety considerations and local context.

8. Municipalities should consider e-bike rebate programs to advance affordability

Project MOVER E-Bike Incentive Program voucher recipients with their new e-bikes

Legal e-bikes can provide a practical and affordable transportation option, but the upfront cost of a safe, compliant e-bike remains a barrier for many households. This is especially true for residents who would benefit most from lower-cost transportation, including people who do not own a car, people with limited access to transit, older adults, workers with nontraditional schedules, and lower-income households.

Municipalities interested in expanding safe e-bike use should consider e-bike rebate or incentive programs that reduce the upfront purchase cost of compliant devices. Well-designed rebate programs can help residents choose safer, legal e-bikes from reputable retailers instead of lower-cost devices that may not meet state definitions or safety standards.

Rebate programs can also be paired with safety education, helmet distribution, retailer standards, and local outreach. This makes affordability policy part of a broader safety strategy. By helping residents access legal, safe, and serviceable e-bikes, municipalities can support transportation affordability while reducing confusion in the marketplace.

Conclusion

Local policy should not treat all electric micromobility devices as the same. This approach supports safety without undermining access. It protects residents from misleading products while preserving the benefits of legal e-bikes and e-scooters. Most importantly, it ensures that local governments do not respond to concerns about high-speed out-of-class devices by restricting the legal low-speed devices that are already helping people meet real transportation needs.

SMI believes New York municipalities can lead on this issue by creating a clear, fair, and pro-micromobility framework: one that expands safe access to legal e-bikes and e-scooters, addresses the real risks of out-of-class electric motorized devices, and keeps equity at the center of local transportation policy.