All About Electric Bikes in the Commonwealth of Virginia
The significance of understanding and complying with the local laws governing the use of electric bicycles and electric mopeds in Virginia cannot be understated. This section serves as an introduction to that particular law. It is not sufficient to only understand the general, federal regulation of electric bicycles. In addition to the federal law there are many state laws and local ordinances that are pertinent to electric bicycle riders about which they must be aware if they wish to avoid citation by local law enforcement and the disruption of their ride. Failure to be well-informed about the scope of state and local laws could result in fines or other penalties that will cut the fun short.
Further , while this article will cover the general contours of the laws applicable to electric bicycles, this information is not a substitute for speaking with a lawyer about those regulations if you have additional questions or concerns. The law can change and various exceptions or legal issues may not be adequately conveyed by this narrow overview of Virginia law in this area.
Virginia Law on Definition of Electric Bikes
Virginia law classifies electric bikes as a distinct category and have designated them as a "power-assisted bicycle." Va. Code Ann. § 46.2-1300. From Virginia’s perspective, an electric bike is a bicycle that is equipped with fully operable pedals as well as an electric motor that has a maximum power output of no more than 750 watts (one horsepower) and whose electric assist, if engaged, ceases when the rider stops pedaling, reaches a speed of 20 mph, or applies the brakes. Va. Code Ann. §§ 46.2-1300; 46.2-1301. What Virginia law does not define are the types of electric bikes. For purposes of this blog post, we will distinguish between three types of electric bikes.
Note that "electric bicycles" do not include motorized scooters that fall within the definition of "electric personal assistive mobility devices." Va. Code Ann. § 46.2-1300 ("…does not include motorized scooters as defined in § 46.2-100. . ."). These motorized scooters do not even need to be equipped with pedals like other electric bikes. They operate like a scooter and are typically smaller in size than even a folding bike, although people sometimes refer to these as electric bikes. Va. Code Ann. § 46.2-914.1.
Electric bikes with a maximum power output of more than 750 watts are classified as "motor vehicles" and are, therefore, subject to all the laws, rules, and regulations applicable to motor vehicles generally. See Va. Code Ann. §§ 46.2-1300, -1111 (punishment for driving without a valid operator’s license for anyone riding a motorized scooter or ATV on a highway), -1157 (violation of motor vehicle provisions and transfer of driver’s license for injury resulting in death), -113. For example, if you were to ride an electric bike on the street and were involved in a car accident resulting in the death of the other driver, you could be charged with a felony, potentially punishable by up to twenty years in prison. Va. Code Ann. § 18.2-33. This punishment would also apply if you were injured on an electric bike.
Basic Rules on Riding Electric Bikes in Virginia, DC, and Maryland
Though Virginia follows federal law as it relates to electric bike safety standards, there are also some state-specific rules and regulations that electric bike enthusiasts must follow. These rules are generally fairly reasonable, with one major exception. Last August, Governor Ralph Northam approved a bill raising the minimum age to ride an electric bike without a helmet from 14 to 15. The bill had already passed the General Assembly, but Northam’s signature brought it into the books. Though this change will take effect in 2021, the good governor; in his infinite wisdom, issued an executive action to delay the new age rule until 2023. We aren’t quite sure what Governor Northam hopes to gain from delaying it, but we know it is wise to wear a helmet whenever you ride so whether you are 14 or 21 or 60, just be smart and put one on.
Most of the other regulations governing electric bike operation in Virginia are commonsensical, no exceptions. The Virginia Department of Transportation has a fact sheet for on-road users of electric bikes that is available on its website.
As with traditional bicycles, electric bikes are not allowed on sidewalks and must operate on the right side of the road with traffic unless the road is too narrow. You must yield to pedestrians and give an audible signal when overtaking and passing pedestrians and cyclists. Drivers and riders of electric bikes can only pass safely on the left. Electric bikes must also yield to pedestrians and give an audible signal when overtaking and passing them, so we’re not sure what the use is of that double mandate.
On the upside (and contrary to the recent trend we have seen in other states), Virginia has recognized the reality that cyclists and drivers alike share the responsibility for keeping each other safe and have not restricted electric bicycles to secondary roads with lower speed limits. Electric bikes are legal on all roads except Interstates outside of urban areas and highways with a four-lane divided highway. Good move.
They are also legally permitted on shared use paths that are reserved for the exclusive use of bicycles, pedestrians and other non-motorized vehicles, but they are prohibited on trails unless they are so signposted.
Electric bikes cannot go faster than 20 miles per hour in Virginia, and operators must wear protective eyewear (a helmet is not mandatory for operators of class 2 devices), and a red rear lamp and red reflector have to be affixed on the vehicle or the seat if there is a chair. It is also optional but highly recommended (unless you happen to be an ex-bike courier) to wear bright or fluorescent colors, day-glow material or reflective material, to make yourself more visible while riding.
Finally, Virginia has some pretty specific child safety rules for riding electric bikes with children aboard but those rules are self-evident by the statute itself. That might be a subject for a future post.
Registering and Licensing Electric Bikes in the Commonwealth
After much back and forth between legislators, the enforcement division, and the public, the Virginia Legislature has finally provided clear rules on when a rider or owner of an electric bike must register their bike and obtain a driver’s license. Electric bikes (E-bikes) do not need a sticker license to be legal in Virginia and the rider does not need a license … if they follow the applicable NEW rules.
Most importantly, E-bikes are now classified as motor vehicles and they must be registered with the towing authority. No special tag is required and none will be issued.
This new classification of E-bikes as motor vehicles does NOT require the owner to be licensed, however, it does require the operator be licensed. This class of bikes is classified under Virginia Code 46.2-100 as a moped. A moped is legally defined as:
MOPED. (i) An engine-powered bicycle equipped with a seat or saddle for the operator and either (a) an engine which cannot propel the vehicle at a speed of more than 30 miles per hour on level ground without pedaling or (b) an engine that generates no more than two gross brake horsepower and (ii) an automatic transmission or, if equipped with a gearshift mechanism requiring operator manipulation, it has no clutch. The term "moped" shall not include (a) a bicycle which has been equipped with an attachment or component which causes the bicycle to be propelled by mechanical power, although the rider has the ability to stop or assist in stopping the mechanism’s propulsion; or (b) a bicycle equipped with an attachment or component which enables the bicycle to be propelled by mechanical power only while the rider is pedaling the bicycle; or (c) an electric power-assisted bicycle, provided that the moped shall become a motorcycle subject to the provisions of this title applicable to motorcycles if the speed capability is increased or the engine changed or replaced so as to give the moped a maximum design speed of more than 30 miles per hour, or the power output is increased to an output greater than two brake horsepower.
One downside to being classified as a Moped and needing to have the operator licensed is the fact that it is illegal to ride an E-bike on sidewalks (VA Code §46.2-930). That restriction is also a downside in some jurisdictions where Moped use is prohibited in traffic. An example of such a jurisdiction is Richmond. The City of Richmond prohibits Mopeds’ and other vehicles under 50cc engines from riding in traffic and prohibits riding to and from work on GRTC. That leaves the moped owners with very few places to legally ride their mopeds.
It was only a few years ago that there was another category for E-bikes called an Electric Personal Assistive Mobility Devices, or EPAMD. This designation described the electric bikes with up to 100 pounds and a top speed of 15 mph. The ability to use sidewalks and bike lanes without fear of being prosecuted under the Moped law was the primary reason many E-bike or EPAMD riders such as myself justified our purchase of these bikes. However, that law was repealed and the EPAMD category was combined with the Moped category. Which means as of March 1, 2016, you can’t use a Moped in a bike lane or on a sidewalk.
The good in all this is that if you had been aching for an E-bike, the fact that you won’t need to visit the DMV to register your E-bike and can now ride legally in your localities that have outlawed Mopeds from traffic will be a win for you. As always, proceed with caution, and don’t trust that all of the Moped rules are being uniformly enforced in every locality—especially not in Richmond.
Electric Bike Safety and Compliance for Riders
In Virginia, electric bicycles must comply with the state’s equipment and safety requirements applicable to bicycles generally. These requirements include mandatory lights and brakes, as well as several other safety standards.
Effective July 1, 2019, all electric bicycles subject to Virginia law must be equipped with working pedals and working brakes. (Certain classes of electric bicycles, namely "electric scooters", previously had different equipment requirements – see Code § 46.2-1500 for details.) Braking systems on electric bicycles need not be attached to the handlebars or saddle, but must "capable of stopping such bicycle under typical operating conditions within a reasonable distance." Code § 46.2-1309.
So-called "electric scooters" – a type of electric bicycle – must be equipped with working bicycle brakes that stop the wheels on dry, level, clean pavement upon application of a uniform and moderate effort applied to the control. Code of Virginia § 46.2-1318.10(B). If the wheels of the electronic scooter will lock under such conditions, these devices must also be equipped with a mechanism that will prevent wheel lockup, and include a label warning riders against locking up the wheels under braking force.
Class III electric bicycles, in all respects other than the electric motor, must also be equipped with a working lighting system that complies with the laws applicable to bicycles, even when the electronic assist is not in use. Code § 46.2-1021.1:11(B). While class III electric bicycles must be equipped with a lighting system when operating at night, class I and II electric bicycles are only required to have lights if the bicycles are equipped with lights in the first place. Code § 46.2-1021.1:11(B).
When riding at night, reference the following provisions of the Virginia Code for details on what your bike must have in the way of lights and reflectors.
Other devices must be emitted or displayed when riding at night are as follows:
Night riding is permitted anywhere, including on trails, except where prohibited by law. (Preference is for night riding to be conducted on designated routes and on safe pathways, in accordance with instructions from local authorities.)
Electric bicycles must have at least one but no more than two brakes on the front and one but no more than two on the back. Depending on the class of electric bicycle, there are specific requirements relating to the brakes, which must meet the following specifications.
Where to Ride Your E-Bike in the Old Dominion
Electric bikes in Virginia can legally be ridden on many types of public infrastructure. A good general rule of thumb is to think of electric bikes like regular bicycles when determining where they’re allowed to be ridden. Just as bicycle riders may only ride on infrastructure appropriate for a human-powered bicycle, electric bike riders may only ride on infrastructure appropriate for electric bicycles.
This means electric bikes may legally be operated on public roadways, public sidewalks, and public bicycle paths, and municipal authorities may not prohibit the operation of electric bikes on these types of public infrastructure. As with regular bicycles, electric bike riders are encouraged to follow road rules and common sense etiquette when riding on public roads, sidewalks, and bike paths.
There are, however, a few exceptions to this rule. Regardless of local laws about bicycle operation, electric bikes may not legally be ridden on restricted roadways in Virginia, which include limited access highways, expressways, and interstate highways.
As for public sidewalks, local ordinances may prohibit electric bikes from being ridden on sidewalks in certain areas, such as downtown or near schools . Always check local ordinances before riding an electric bike on a sidewalk.
Likewise, municipalities are permitted to regulate the operation of electric bikes on publicly owned multi-purpose paths, which are recreation paths that are open to both bicycles and pedestrians, provided the regulation is consistent with the Virginia Code and does not conflict with the Code. Because many localities have not yet made any laws governing electric bikes on multi-purpose paths, this means electric bike riders should abide by the regulations that apply to regular bicycles, including taking care to watch for pedestrians on multi-purpose paths and yielding to them whenever necessary to avoid a crash.
Given the rapidly evolving nature of electric bike technology and resulting legal issues, it’s likely local ordinances governing electric bikes will become clearer in the coming years. Nonetheless, the universal rule that electric bikes may legally be operated on pedestrian sidewalks, public roads, and public bike paths, and that electric bike riders should always exercise safety and courtesy when doing so, is likely to remain firm.
Legal Ramifications for Improper Use of Electric Bikes
Failure to comply with Virginia’s e-bike laws can result in significant consequences for the rider. The most common penalty is a fine. Violation of the law as it applies to electric bicycles (e-bikes) is treated as a traffic infraction, and the penalties are the same regardless of the type of violation. Typically, fines for traffic violations in Virginia, including e-bike infractions, range from $250 to upwards of $2,500 for more serious offenses such as reckless driving. E-bike riders might also face additional consequences such as points on their driving record or community service, depending on the specifics of the situation and the rider’s past offenses.
In Virginia, receiving four or more total demerit points on your driver’s record during a 12-month period can trigger a suspension of your driving or operating privileges. Twelve or more points during a three-year period may lead to a suspension of your privileges or a criminal charge. Your points are accumulated based on the severity of the traffic violation, and points are not removed from your driver’s record after a prescribed period of time has elapsed.
Any violation of Virginia’s e-bike laws by the operator can have long-lasting effects when it comes to certain types of infractions. For example, if an e-bike rider is riding after dark without a headlight and gets a ticket, the rider should also be ticketed for an infraction of Title 46.2 of the Code of Virginia. This means that it is highly likely that points will be added to the riding record. The points remain on record for a period of three years and then drop off.
Recent Updates to the Laws and Future Considerations Regarding Electric Bikes in Virginia
In 2020, a few changes to Virginia’s electric bike laws went into effect, both to clarify the definitions of certain classes of bicycles and to establish regulations for electric scooters ("e-scooters").
Changes of Note
The law on classifications was previously vague about where standup e-scooters fit and whether they fell within the definition of an "electric foot scooter." To clarify, the definition of an electric foot scooter was changed to "a self-balancing device that does not have seats or hand handlebars and is designed to transport only one person." In addition, standup scooters were exempt from the "local regulation" of traffic regulations; so, allow localities to regulate where they can go or how they interact with pedestrians, among other aspects of their use. Those changes are not surprising in light of e-scooters’ recent popularity in cities such as Richmond and Norfolk.
What Riders Should Know
Nothing significant has changed for everyone else, however. The law still distinguishes between motorized and motorless bicycles. Motorless bicycles, also known as "traditional" bicycles, may continue to travel anywhere bicycles can go, such as roads, trail systems, and sidewalks (even though sidewalks are obviously heavily frowned upon unless you are in a wheelchair). Motorized bicycles (including e-scooters) must observe certain restrictions: Of course, this is all subject to local ordinances. Some localities have banned e-scooters altogether; others have placed restrictive prohibitions on their use. Riders should check local laws before using e-scooters or any other type of motorized bicycle.
Summary and Wrap Up
For those of us who ride electric bikes, understanding the law isn’t just a matter of staying within the legal lines – it’s also about keeping yourself and others safe on the road. Virginia’s guidelines offer a clear framework for distinguishing between e-bicycles, e-motorcycles, and mopeds, but only if you remember to look for the differences.
The best way to stay out of trouble is to remain informed, both about your own liability and about the various features and capabilities of the vehicle that you choose to ride. Whether you opt for an e-bike that pedals like a regular bicycle with the added boost of an electric motor, or an e-bike that operates autonomously after you have set your desired speed, your safety, as well as your compliance, depends on your familiarity with what Virginia expects from its e-riders.
Staying up-to-date on research regarding the safety of electric bicycles can also help you stay safe on the road , and not only when it comes to riding alone. Riding in a group can be an enjoyable social experience but can also create a number of dangers if all of the cyclists are not keeping an eye out for one another. Research shows that multi-user bicycles of any kind tend to be most likely to suffer mechanical failures after 300 miles of use, and e-bikes tend to be the least expensive types of two-wheelers on the market. Worn tires, improperly gapped brakes, worn chains – all of these can occur as you increase your travel distance with your e-bike, particularly if it lacks any specialized features which would keep these common problems from arising.
Virginia e-bike laws only work when you and others employ them correctly, so remain vigilant and responsible for both your own safety, and others’ as well.