Need help with MA electric bike laws

Jmegabite

New Member
Hi Everyone ,

I'm reaching out to anyone who can clear up MA laws pertaining to the RadRover as far as if it falls under the Moped law (where it needs to be registered) , or if it's classified as a Low Speed Electric Vehicle (that would not need to be registered).

Thanks in advance , John
 
As far as I know the RadRover is a class two eBike and according to federal law it is NOT a motor vehicle and is to be treated as a bicycle and does not need to be licensed. If I recall the federal law says it superceeds any state law in that mater. States can still regulate where an eBike can be used. So you can own it anywhere and not need to license it, but that doesn’t mean you can use it.
 
Yeah, for example, here in Georgia, the state allows 20 MPH assist and up to 1000 watt motor (instead of the Feds 750 limit) on level ground for all bike paths. They haven’t really adopted the California 3 tier model yet.
 
John,

I think you meant a Low Speed Electric Bicycle (not Vehicle). A low speed vehicle is defined as a four-wheel vehicle that needs to be registered in Mass.

For the RadRover, as Larry said, it's a class 2 bike, meaning it can go up to 20mph under the motor's power (throttle only). So according to the affidavit of moped conversion (https://www.massrmv.com/rmv/forms/21897.pdf), the bike is classified as a “low-speed electric bicycle”. However, there are bike trails in the state that do not allow motorized vehicles and sometimes there are signs on the trail indicating as such.

Have fun with your bike and ride safe!
 
John,

I think you meant a Low Speed Electric Bicycle (not Vehicle). A low speed vehicle is defined as a four-wheel vehicle that needs to be registered in Mass.

For the RadRover, as Larry said, it's a class 2 bike, meaning it can go up to 20mph under the motor's power (throttle only). So according to the affidavit of moped conversion (https://www.massrmv.com/rmv/forms/21897.pdf), the bike is classified as a “low-speed electric bicycle”. However, there are bike trails in the state that do not allow motorized vehicles and sometimes there are signs on the trail indicating as such.

Have fun with your bike and ride safe!
Yes, one might need to delve further into their particular state law. On the bike trails here, there are signs stating “No Motorized Vehicles”. But the government holds the definition of words when they are set in law, and, as you stated, an ebike is an ‘electrically assisted bicycle’. The issue is out on the bike paths, people see the motor and think of you as a lawbreaker. I guess the same problems were encountered when horse drawn carriages and automobiles began sharing the same roadway. We’re just going to have to work through it.
 
I found this at streetsmarts.bostonbiker.com :

Ray says:
March 26, 2017 at 7:30 am
Mr Allen, I just wanted to clarify that an electrically assisted bike if it meets the guidelines in of a Low Speed Electric Vehicle being a Consumer Product not a Motor Vehicle as described above of in USC Title 15 Section 2085 ( https://www.gpo.gov/fdsys/pkg/USCODE-2011-title15/html/USCODE-2011-title15-chap47-sec2085.htm ) will be allowed to be operated on roads in MA because this law supersedes State Law as outlined in Part D. You do not need a license, registration or insurance to operate it. You do need to obey the law and wear appropriate safety gear and rules of the road.

I personally see these laws as a means to protect others on the road ways as a motor vehicle can kill other people and society needs to be protected. Otherwise a bicyclist or an assisted bicyclist would need to register this potential weapon. So when you stop pedaling a bicycle it stops moving forward which is the same for an electric bicycle. Hence the requirement for pedals…

The Federal link says if it's under 750Watts , but the bike is 750Watts . Wonder if that would be a problem ?
 
As far as I know the RadRover is a class two eBike and according to federal law it is NOT a motor vehicle and is to be treated as a bicycle and does not need to be licensed. If I recall the federal law says it superceeds any state law in that mater. States can still regulate where an eBike can be used. So you can own it anywhere and not need to license it, but that doesn’t mean you can use it.

Hi Larry , So do you think I'll run into problems if I purchase this bike , I don't want to buy something I can't use .
 
You should be okay on all streets, just watch for signs on bike trails or bike paths that might restrict the use of eBikes.

For off road use you'll likely need to contact the local jurisdictions and find out if the park or trails you want to ride on are restricted. Often BLM trails and national forests restrict the use of eBikes, but some state parks are fine - our Cheyenne Mountain State Park has some trails where eBikes are allowed, and use on the other trails is discouraged.
 
Seriously, Is there anyone that has a strong legal back ground and can answer this important question.

Can states establish more stringent laws on eBikes that the federal regulation / definition or can they only establish laws on the USE of eBikes?

We all have opinions, but I'm sure no one really understands why an eBike is too fast at 20 mph to ride without a registration or insurance when a non-ebike can go faster without either. Don't ask a state representative to answer this because you'll get that "I'm just hoping for my pension" look followed by inarticulate oral sputter.

I understand there was a huge legal battle back in the day when California adopted more stringent emission controls on motor vehicles sold in that state, but I believe there were exceptions allowed given the unique congestion and population density issues they faced. I don't think any state can claim to have a need to have more stringent regulations on eBikes than as stated in the federal regulation. Then again state legislators are pushed by bike manufacturers to do so so they can sell the same bike world wide, by DMV workers that want those registration feeds to pad their pensions, and by insurance companies that have been trying to get states to mandate insurance on bikes so they can screw everyone even more than they do already.

We all know the real answer is not about safety because they have no data that drove the 20mph assist limit. It was about $$$$ and it's hurting the adoption of a technology that could reduce congestion in cities and our dependence on foreign fossil fuels. Long term it will be fixed but for now we have to live with really dumb decisions made by elected officials that don't even know what an eBike is.
 
You hit the nail on the head , very well said !!! I spoke with our local registry in MA and the RMV in Boston , and actually brought my iPad in our local registry to show them the manufactures web page with all the specs on the RadRover , clearly pointing out it's 20 mph top speed , 750 watt motor , and class 2 vehicle , and they still didn't have a clue , they kept associating it with a 50cc motor , and I explained it's not a gas motor it's electric , so both went to speak with a supervisor and both came back still talking 50cc and telling me I needed to register it using their Motorized Bicycle (Moped) Registration Certificate , all for the low cost of $40.00 for 2 years , at the time I was unaware of the Federal law pertaining to Low Speed Electric Bikes , which I believe the RadRover clearly is .
 
Yes the MA laws can be confusing depending on how your approach towards interpretation and application. My take is that of the Federal law 750 watt, 20 mph limit no pedal, and class 3 28 mph pas restrictions meets the electric low speed non registration class of bicycle as written. This appears to be the ebike manufacturers sale meeting road limit also. Now the application or enforcement would be that somehow you exceeded these requirements and a citation would need to be issued. If the e bicycle looked like a bike, used like a bike and has not been altered I see no reason why you cause any undue attention. Would the enforcement authority be savy enough to know the exact motor wattage is not some undefined minute fraction under the 750 watt? As long as you obey the rules of the road and trails safely which should be the riders highest priorinty concern. I would recommend that you buy your bike and enjoy the ride.
 
From Wikipedia:

Massachusetts General Laws define three classes of motorized two-wheeled vehicles: Motorcycle, Motorized bicycle, and Motorized scooter.[88] Although the definition of motorized scooter includes two-wheeled vehicles propelled by electric motors with or without human power, motorized scooter specifically excludes anything which falls under the definitions of motorized bicycle and motorcycle. Motorized bicycle is a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour. Motorcycle includes any bicycle with a motor or driving wheel attached, with the exception of vehicles that fall under the specific definition of motorized bicycle. Thus, a pedal bicycle with an electric motor or a non-pedal bicycle with an electric motor, automatic transmission, and maximum speed of 30 miles an hour would fall under the definition of motorized bicycle. An electric bicycle that did not meet those restrictions would be either a motorized scooter or motorcycle, depending on specific characteristics.

A motorized bicycle shall not be operated by any person under sixteen years of age, nor at a speed in excess of twenty-five miles per hour, upon any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of park commissioners or body having like powers, within the commonwealth.[89] A motorized bicycle shall not be operated on any way by any person not possessing a valid driver's license or learner's permit. Every person operating a motorized bicycle upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this section, except that the motorized bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, and the motorized bicycle operator shall signal by either hand his intention to stop or turn. Motorized bicycles may be operated on bicycle lanes adjacent to the various ways, but shall be excluded from off-street recreational bicycle paths. Every person operating a motorized bicycle or riding as a passenger on a motorized bicycle shall wear protective headgear conforming with such minimum standards of construction and performance as the registrar may prescribe, and no person operating a motorized bicycle shall permit any other person to ride a passenger on such motorized bicycle unless such passenger is wearing such protective headgear.

A response to an inquiry made to the Mass DOT/RMV indicates that Massachusetts does recognize the federal low speed electric bicycle Federal Law (15 U.S.C. § 2085) and interprets that to mean these ebikes do not require license or registration. However, some of the materials available on the RMV website do not distinguish between "Motorized Bicycle" and low power ebikes. One form, Bicycle Conversion to Motorized Bike, does document the exemption of low power ebikes.
 
I think I'm just going to print out the conversion affidavit from Mass/Dot RMV and fill out what applies to the RadRover , and also print out a copy of the Federal Laws definition for Low-Speed Electric Bike and carry it on the bike in case I get stopped , hopefully that should suffice . Maybe get some "LSEB" stickers a plaster them all over the bike and my helmet !!!
 
FWIW I've been riding ebikes in Western MA - mostly on trails but a little on road - several times a week for more than 2 years (thousands of miles and counting). In the few encounters I've had with law enforcement (cops & rangers) while riding, I've never experienced any friction whatsoever. Quite the opposite, in fact - they're curious and interested!

My first such interaction was with a Park Ranger in the State Park in my "backyard" back in 2015. I too carried a copy of the Federal Law, which I offered to show him, but he said, "It's a BICYCLE" before I could even hand it to him. His attitude was basically that, as long as there were no complaints, to simply RIDE ON, which I've been doing as often as possible. He asked some questions about functionality, which only further confirmed his initial reaction.

The local cops I've spoken with while on my ebikes had questions that ranged from inquisitive to enthusiastic, but none asked any "is it legal?" type questions. One cop said that his department wants to get a few for patrols, events etc.

IMO, unless some dumb-asses start riding their souped-up, Hi-Power 30+mph conversions irresponsibly enough to damage trails and/or scare folks on paths and roads, enforcement of inappropriate and confusing state laws will be a very low priority. Hopefully before that might happen, the sensible CA law will continue to spread like their auto emissions law did...
 
FWIW I've been riding ebikes in Western MA - mostly on trails but a little on road - several times a week for more than 2 years (thousands of miles and counting). In the few encounters I've had with law enforcement (cops & rangers) while riding, I've never experienced any friction whatsoever. Quite the opposite, in fact - they're curious and interested!

My first such interaction was with a Park Ranger in the State Park in my "backyard" back in 2015. I too carried a copy of the Federal Law, which I offered to show him, but he said, "It's a BICYCLE" before I could even hand it to him. His attitude was basically that, as long as there were no complaints, to simply RIDE ON, which I've been doing as often as possible. He asked some questions about functionality, which only further confirmed his initial reaction.

The local cops I've spoken with while on my ebikes had questions that ranged from inquisitive to enthusiastic, but none asked any "is it legal?" type questions. One cop said that his department wants to get a few for patrols, events etc.

IMO, unless some dumb-asses start riding their souped-up, Hi-Power 30+mph conversions irresponsibly enough to damage trails and/or scare folks on paths and roads, enforcement of inappropriate and confusing state laws will be a very low priority. Hopefully before that might happen, the sensible CA law will continue to spread like their auto emissions law did...
I spoke with 2 local bike shops and one shop didn't even know about the different classes (class 1 , class 2 , or class 3 ) , the other shop however said only class 1 bikes where legal in MA , he said they'll confiscate the other 2 classes and you'll never see your bike again .
 

Actually, this form does spell it out:
https://www.massrmv.com/rmv/forms/21897.pdf

If the bicycle has two or three wheels, an automatic transmission, a cylinder capacity of not more than 50 cubic centimeters, and a maximum speed of 30 MPH or less, it must be registered as a Motorized Bicycle. If the modified bicycle does not meet all of the requirements above, the RMV will not register it (as a moped, a motorcycle, or a “limited-use motorcycle”) and it cannot legally be operated on a public way while the motor is being operated.

Low Speed Electric Bicycle If all of the following apply, a bicycle will be deemed a “low-speed electric bicycle” under Federal law (15 U.S.C. § 2085) and will not have to be registered with the RMV:
 Has two or three wheels
 Has fully operable pedals
 Has an electric motor of less than 750 watts (one horsepower)
 Has a maximum speed of less than 20 MPH on a paved level surface, when powered solely by the motor​

So looks like, if you have a 28mph bicycle you are not able to register it as a motorized bicycle - because it doesn't have an automatic transmission or a cyclinder capacity of not more than 50 cubic centimeters... ????? Very odd..

The 20mph are classified as low-speed electric bicycle.

Seems like there is a gap missing between what they classify a motorized bicycle and a low-speed electric bicycle.. Seems they should include the 28mph in their motorized bicycle definition.
 
Low Speed Electric Bicycle If all of the following apply, a bicycle will be deemed a “low-speed electric bicycle” under Federal law (15 U.S.C. § 2085) and will not have to be registered with the RMV:
 Has two or three wheels
 Has fully operable pedals
 Has an electric motor of less than 750 watts (one horsepower)
 Has a maximum speed of less than 20 MPH on a paved level surface, when powered solely by the motor

On a 28mph Speed Pedelec it can't move at all when solely powered by the motor (so 0 is less than 20mph) because it needs rider input to move, therefore it's still a low speed electric bicycle, right?

Even the Juiced eBikes that do 28 mph assist with pedaling have the optional throttle limited to 20mph, so the bike can't go over 20 when powered solely by the motor.

How about if you leave the 28mph eBike in top gear 100% of the time and disconnect the shifter, and then the bike is a 2 wheel single speed (kinda automatic) with a cylinder that is less than 50cc (it's actually zero cc) and a max speed of 30 or less (28 is less). If you have enough strength you could start the bike in top gear and never shift, which I found I was able to do with an XM700+ 28mph eBike. Seems kinda silly to go through these lengths to license it.
 
Low Speed Electric Bicycle If all of the following apply, a bicycle will be deemed a “low-speed electric bicycle” under Federal law (15 U.S.C. § 2085) and will not have to be registered with the RMV:
 Has two or three wheels
 Has fully operable pedals
 Has an electric motor of less than 750 watts (one horsepower)
 Has a maximum speed of less than 20 MPH on a paved level surface, when powered solely by the motor

On a 28mph Speed Pedelec it can't move at all when solely powered by the motor (so 0 is less than 20mph) because it needs rider input to move, therefore it's still a low speed electric bicycle, right?

Even the Juiced eBikes that do 28 mph assist with pedaling have the optional throttle limited to 20mph, so the bike can't go over 20 when powered solely by the motor.

How about if you leave the 28mph eBike in top gear 100% of the time and disconnect the shifter, and then the bike is a 2 wheel single speed (kinda automatic) with a cylinder that is less than 50cc (it's actually zero cc) and a max speed of 30 or less (28 is less). If you have enough strength you could start the bike in top gear and never shift, which I found I was able to do with an XM700+ 28mph eBike. Seems kinda silly to go through these lengths to license it.

Good points!

I think this is one of those scenarios where, if you got ticketed, you would need to make those arguments in court, which could very well end up resulting in laws getting changed / updated. That's how it happened up here in Canada.. There was a case out East where some ebike rider got a huge ticket and challenged it in court, he won and laws got updated / reworded.

I would be tempted to bring in the specs on a 28mph ebike to a registry office and straight up ask. Would I need to register this?
 
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