January 6, 2026, Irvine, CA – The National Bicycle Dealers Association (NBDA) kicked off 2026 with its first triannual E-Bike Safety and Standards Panel on January 6th, bringing together retailers, law enforcement, government officials, and industry experts to address mounting confusion around e-bike definitions and regulations.
Federal Definition Remains Unchanged Since 2002
Jay Townley of Human Powered Solutions opened with a special presentation titled "What Is and What Is Not a Bicycle," clarifying that Congress consolidated bicycles and low-speed electric bicycles under a single definition in 2002 through Public Law 107-319, placing them under Consumer Product Safety Commission (CPSC) jurisdiction.
Under 16 CFR 1512.2, a bicycle is defined as either a human-powered two-wheeled vehicle or a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts whose maximum speed on a paved level surface, when powered solely by the motor while ridden by a 170-pound operator, is less than 20 mph.
"This has left electric bicycles with fully operable pedals whose maximum speed exceeds 20 mph as out-of-class or currently undefined and unregulated," Townley explained. "It's vitally important that all out-of-class electric bicycles be properly defined and regulated by the US Department of Transportation."
Townley noted that Class 3 is a use classification developed by the industry and adopted by state legislatures, but is not encoded in federal regulations. An insurance agent on the call confirmed significant confusion among clients about what constitutes a bicycle, prompting moderator Heather Mason to advise retailers to verify their insurance coverage for Class 3 e-bikes.
Navigating the State and Local Regulatory Maze
Erin Lafarge, Director of Safety Policy for the New York City Department of Transportation, addressed "Bridging the Regulatory Patchwork," explaining how state and local regulations create confusion for riders and retailers.
"For riders, it's just incredibly confusing," Lafarge said. "A bike that is legal on one street may not be legal on another."
She detailed how New York City recently implemented a 15 mph speed cap for all e-bikes regardless of class, layering local rules on top of state classifications. She also highlighted critical inconsistencies in New York's framework: Class 3 e-bikes are allowed in bike lanes without requiring license or registration but must adhere to the 15mph speed limit, while mopeds that can only reach 20 mph require license and registration and are prohibited from bike lanes. Class
3 e-bikes are also legal in New York City and are prohibited throughout the rest of New York State.
"The point of sale is really often the only communication tool that many riders actually have to get a lot of this information," Lafarge noted, emphasizing retailers' crucial role in customer education.
She contrasted the U.S. approach with European regulations, where speed pedelecs (equivalent to Class 3) require license, registration, and insurance, are considered mopeds, and are prohibited from bike lanes. Pennsylvania and New Jersey have similar two-tiered systems.
The Real Challenge: Electric Motorcycles vs. E-Bikes
Three experts examined "Electric Bicycles vs. Electric Motorcycles: Understanding Where the Real Challenges Lie" from market, enforcement, and safety perspectives.
Market Data Shows Growing Out-of-Class Problem
Peter Woolery of Bicycle Market Research reported that more than 25% of direct-to-consumer e-bike dollars in 2025 came from out-of-class electric bikes, up from 21% the previous year. He noted that independent bicycle dealers are avoiding out-of-class vehicles due to liability concerns, while mass market platforms continue selling them through third-party sellers.
Law Enforcement Gains New Tools
Clint Sandusky, e-bike expert and law enforcement instructor, conducted an unofficial survey showing five respondents cited electric motorcycles as the main challenge, five said both e-bikes and motorcycles, and zero cited e-bikes alone.
Sandusky highlighted California legislation providing law enforcement with better tools. SB 586 created California's first definition of an off-highway electric motorcycle, while SB 1271 addresses battery safety and UL standards. He noted that Florida is also considering legislation to define electric motorcycles for the first time.
He referenced the Mineta Transportation Institute study which concluded: "Complicating the issue of electric bicycle safety, many devices that people perceive to be electric bicycles are actually not legal electric bicycles."
"Based on my personal observations, law enforcement and media reports, I do believe that electric motorcycles are now the real challenge," Sandusky stated, adding that "e-bike rider behavior should be addressed first through education and enforcement before resorting to
possible overregulation."
The Physics of Why Speed Matters
Mike Fritz of Human Powered Solutions explained that energy increases exponentially with speed. "The energy contained in the system going from 20 mph to 28 mph more than doubles," Fritz said. "It's that energy, basically, that causes the injury."
Fritz noted that unlike motor vehicles with crumple zones and required safety equipment, bicycles don't offer those levels of protection. "Speed kills," he concluded. "It's more critical considering a person on a bicycle, which is generally speaking a fragile, lightweight device."
Real-World Fatality Illustrates the Problem
Lafarge presented an example from a New York City pedestrian fatality involving an "e-bike" with pedals that could reach 37.5 mph. "This does not meet any definition of e-bike in New York City," she explained. "The pedals operate, but they're largely for show."
Practical Solutions for Retailers
Michael Pasquali of Micromobility Connect emphasized providing customers with printed copies of local regulations. "Actually providing a copy right there [at purchase] on paper that's showing them the local regulations and where they can ride–it really does go a long way."
Lafarge emphasized NYC's regional resources for ebike users including bike maps, up to date local regulations, and social media content. The NBDA has compiled state-by-state e-bike regulations available in member resources.
Looking Ahead
The panel emphasized that e-bike regulations will continue evolving. California's Marin and San Diego Counties have implemented safety pilot programs, while New Jersey has pending legislation that would redefine electric bicycles as motorized bicycles, requiring driver's license, registration, and insurance.
Mason emphasized the NBDA's commitment: "We don't want specialty bicycle retailers to drive away the fastest growing new segment of customers, but we do want to make sure that Specialty Bicycle Retailers are aware of what's happening as far as federal regulation and understand your risks with selling and servicing anything that's not a bicycle."
The next NBDA E-Bike Safety and Standards Panel is scheduled for Tuesday, April 7th, 2026 at 1:00 PM Eastern time. Registration is open to all, visit the NBDA Website to register. Recordings available on the NBDA Youtube Channel: https://www.youtube.com/@nbdasuperwebinars
Topics are solicited from the membership and industry community, please email topic suggestions to NBDA Programs Developer Megan Schmidt, megan@nbda.com
About the NBDA
The National Bicycle Dealers Association is the premier trade association for specialty bicycle retailers, dedicated to supporting independent dealers through advocacy, education, and industry partnerships. The NBDA provides comprehensive resources, including retailer education programs, profitability initiatives, advocacy efforts, and networking opportunities designed to strengthen the specialty bicycle retail sector across North America. For more information, visit www.nbda.com.
