Out-of-Class No-Man’s Land
As States tighten ebike classifications and enforcement, where does that put out-of-class ebikes?
Just three years ago seemed to be a simpler, different time for ebikes. As long as it had pedals and power—whether pedal-assist or throttle activated—riding an ebike on public roads didn’t seem to be a problem. But as ebikes got faster and riders used them irresponsibly not only on roads, but on sidewalks and bike paths as well, the government had to crack down.
For more than a decade we’ve had the ebike Class 1, 2 and 3 system.
• Class 1: Pedal assist only up to 20 MPH
• Class 2: Pedal Assist and throttle power up to 20 MPH
• Class 3: Pedal Assist only up to 28 MPH
This was not a State or Federal law. This was just a standardization framework proposed by the Bicycle Product Suppliers Association (BPSA) and People For Bikes. People For Bikes actively lobbied States to adopt these rules, and more than 30 did so.
But on the Federal level, the Consumer Product Safety Commission (CPSC) classifies ebikes as those that have a motor of 750 watts or less, a maximum assisted speed of 20 mph, and fully operable pedals. Anything faster than 20 MPH is considered a motor vehicle on the Federal level and falls under the jurisdiction of NHTSA.
A substantial percentage of the ebikes coming in from China did not meet these Class 1, 2, 3 standards, nor did they fit the Federal definition of an ebike. They ignored the issue and sold to whoever would buy—the faster the bike, the better. That now is changing.
In 2025 we now have two State bills with legislation further defining ebike classifications and what is out-of-class. And these laws have teeth. Local enforcement can ticket riders of OCEVs and even confiscate the bikes. Fast-riding kids get pulled over and their bikes are taken away…forever.
To be clear, though, Sur Rons, Talarias, Rawrrs and other e-motos are NOT OCEV ebikes. They have footpegs, not pedals. They are motorcycles, and off-road motorcycles at that. Never are they allowed on public roads under NHTSA rules.
But what about the OCEVs? There are many companies that just sold these and ignored the laws, but with the new State laws and high-profile, class-action lawsuits being filed against companies like Super73, ignoring the illegalities of their products will not turn out well for OCEV manufacturers.
There is a path to compliance, though. OCEV companies can use State moped laws to allow their bikes to be operated on roads—not bike paths—legally. This requires federal certification, registration, use of DOT-approved equipment, and extensive testing to assure the road safety of the products. Not many of these could pass FMVSS testing in their current form. but with some upgraded DOT parts, they can be legal.
These moped laws date back to the 1970s in the days of high-fuel economy, but high-pollution 50cc two-strokes. But the days of the pedaling Puchs are long gone. All States NEED TO UPDATE THESE LAWS. They must be re-written around electric powertrains and the speeds better reflective of what these modern-day mopeds can achieve.
Some ebike manufacturers are on their way to moped compliance. For those that continue to ignore this, their future looks litigious and bleak.
