Electric Bikes in Michigan

DETROIT CRIMINAL LAW BLOG

What is an Electric Bike?

Electric bikes, also known as e-bikes, are bicycles that are equipped with a seat or paddle, fully operable pedals, and an electric motor of 750 watts or less. E-bikes are used for both transportation and recreational purposes. They make biking more accessible by allowing people to get around efficiently and affordably while supporting local economies.

Electric Bike Classification Under Michigan Law

Under Michigan law, a person riding an e-bike is subject to the same requirements and regulations as a person riding a bicycle. Michigan has created a three-class system that defines the different types of e-bikes. A class 1 e-bike is equipped with a motor that provides assistance only when the rider is pedaling. The motor disengages when the bike reaches 20 miles per hour. A class 2 e-bike is equipped with a motor that propels the bike whether the rider is pedaling or not. The motor disengages when the brakes are applied or when the throttle is released and can only travel up to 20 miles per hour. A class 3 e-bike is equipped with a motor that provides assistance only when the rider is pedaling. The motor disengages when the bike reaches 28 miles per hour. These classifications are used to determine how e-bikes are regulated.

Current Electric Bike Laws and Regulations

Under Michigan law, manufacturers and distributors must permanently put labels onto e-bikes that indicate the classification number, wattage, and top assisted speed. Additionally, if an e-bike motor is modified in a way that changes its original classification or increases its wattage above 750 it can no longer be considered an e-bike. Any bike that falls outside of the standard e-bike definition is not considered an e-bike and may be treated as a motor vehicle. This includes bikes that have motors that exceed 750 watts, can go over 28 miles per hour, lack fully operable pedals, and bikes that function more like a throttle-powered vehicle. These types of bikes may not be allowed on bike paths or trails and can create safety concerns.

There are no age restrictions for class 1 and 2 e-bikes, but class 3 e-bikes have a minimum age requirement of 14. E-bike users are expected to follow the same traffic rules as traditional bicycles including obeying traffic signals, riding with traffic, and yielding for pedestrians. It is also recommended that e-bike riders use audible signals when passing others and slow down when passing or near other trail users. Some local municipalities require that e-bike riders wear helmets, otherwise they are not required but highly recommended.

Bicycles and e-bikes must have a lamp on the front that emits a white light visible from a distance of at least 500 feet from dusk to dawn. They must also have a red reflector on the back that is visible from 100 feet to 600 feet. A bicycle must also be equipped with a break that allows a person to make the wheels skid on dry, level and clean pavement. A person who violates these laws are responsible for a civil infraction.

Where are Electric Bikes Permitted?

Electric bikes are typically allowed anywhere regular bicycles are permitted such as roads, bike lanes, and shoulders. The Department of Natural Resources (DNR) has its own regulations for e-bikes on DNR-managed trails. Class 1 e-bikes are allowed in state parks, recreation areas, and state forest pathways except for some areas within the Pigeon River Country. Class 2 e-bikes are allowed in all areas accessible to class 1 e-bikes if the rider has a DNR-issued permit. Class 3 e-bikes are not allowed on any state-managed trail. E-bike users should always check local rules and regulations before riding an e-bike on public roadways or recreational trails.

Can I Use an Electric Bike with A Suspended License?

Yes. Current Michigan law classifies e-bikes as bicycles, not motor vehicles. Therefore, users do not need a license, registration, or insurance to operate an e-bike. Michigan laws are constantly evolving so be sure to stay up to date on changes regarding the classification of electric bicycles.

What Criminal Charges Could I Face When Using an Electric Bike?

E-bike users can face several criminal charges while riding an e-bike such as operating while intoxicated, operating while visibly impaired, reckless driving, and careless driving. Although e-bikes are not classified as “motor vehicles” they do fit into the broader definition of a “vehicle.” Under Michigan law a vehicle is a device that transports people and are not exclusively moved by human power. Since e-bikes transport people and are not exclusively moved by human power they are considered vehicles.

The laws governing operating while intoxicated, operating while visibly impaired, reckless driving, and careless driving use the term “vehicle,” rather than “motor vehicle,” meaning that e-bikes are included among the types of vehicles subject to these laws and their associated penalties. Michigan courts have previously found people guilty of these crimes while using a snowmobile and an electric scooter. Since there hasn’t been a case involving an e-bike there are no exact standards for the consequences following these crimes.

If you’ve been charged with a crime while riding an e-bike, or have questions about how Michigan’s vehicle laws apply to your situation, don’t wait to get answers, contact the Law Office of John Freeman to learn about your rights and options.

Sources:

Michigan Legislature (MCL 257.662, MCL 257.662a)

Michigan Department of Natural Resources;

League of Michigan Bicyclists

This blog post is for informational purposes only and does not constitute legal advice. Laws are subject to change, and the information provided may not reflect the most current legal developments. If you have questions about a specific legal situation, please consult with a licensed attorney.