NEW HANOVER COUNTY — A North Carolina Senate bill seeks to define and regulate e-bikes, though some advocates say it raises more questions than answers.
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E-bikes are defined in N.C. general statute under vehicle definitions, but there aren’t regulations for them, meaning no helmet, age, speed limit or license rules. However, Sen. Michael Lee (R-New Hanover) put forward S.B. 576, filed in late March, classifying e-bikes into three categories and allowing municipalities specific authority to regulate them.
Local governments currently can regulate e-bikes under existing broad authority to manage vehicle use on public roadways. However, this general power doesn’t explicitly detail the specific regulatory capabilities municipalities have over e-bikes, especially on multi-use paths and in other public spaces beyond roads.
North Carolina law defines e-bikes as bicycles with two or three wheels, operable pedals, and an electric motor up to 750 watts, with a maximum speed of 20 miles per hour.
S.B. 576 would change the state’s definition, classifying e-bikes into:
- Class 1: Bikes have motorized assistance that allow for speeds of up to 20 mph, with no throttle
- Class 2: Bikes have a speed limit of around 22 mph, but users yield a throttle
- Class 3: Bikes are pedal-assisted with no throttle, and can reach up to 28 mph
First championed by American trade association PeopleForBikes, three classifications of e-bikes were first suggested in 2015, when the organization worked with the state of California to update regulations to treat low-speed e-bikes more like regular bicycles. Twenty-three states now use three e-bike classes in state laws, according to PeopleForBikes.
Cape Fear Cyclists — a Wilmington metropolitan area cycling club — does not allow class 2 and 3 e-bikes on its group rides over club insurance concerns with speed and safety. According to its board member Eileen McConville, the class 2 and 3 e-bikes are most problematic.
“I just kind of wish and hope that people will learn the difference between a pedal-assist and a throttle bike and understand a class 1 really is a bicycle, whereas a throttle-assist, it’s still a bicycle, but it has so much more power depending on which one, the 2 or the 3,” she said. “There’s a reason they have a different classification and really don’t belong on slow routes and on multi-use paths.”
Lee’s proposed bill would also allow local governments to require helmet use for riders and passengers on class 1 and 2 e-bikes and to impose penalties for violations of these local ordinances. Under the bill, all class 3 e-bike operators would be required by law to wear a helmet that meets federal safety standards; however, it is unclear if the bill means bicycle or motorcycle standards.
“A bike helmet with a 30 mile-an-hour crash ain’t the same thing as a motorcycle helmet,” Lt. Jerry Brewer, spokesperson for New Hanover County Sheriff’s Office, said.
According to federal helmet safety standards, bicycle and motorcycle helmets may offer protection, but they differ in strength. Bicycle helmets are designed for low-speed accidents, while motorcycle helmets shield against high-speed accidents.
Lee’s proposed bill comes amid rising popularity of e-bikes. The latest data from the U.S. Department of Energy’s Vehicle Technologies Office indicates more than 1 million e-bikes were sold in the United States in 2022, surpassing electric car sales for the year.
Mike Kozlosky, executive director of the Wilmington Urban Area Metropolitan Planning Organization, said he and the WMPO board worked with Lee to draft the legislation. The WMPO board first sought guidance from Lee on e-bike classification to help local governments make informed regulations. Kozlosky said the board has heard from beach communities and the City of Wilmington regarding safety challenges.
“You know, with these e-bikes, some of them can go very fast, and when they mix with walkers, joggers, that has the potential to create some safety challenges,” Kozlosky said.
In 2023, Kozlosky said the WMPO made a model e-bike ordinance, which mirrors Sen. Lee’s bill, using three classifications of e-bikes. Though not mandatory, it acts as a resource for local governments, but no WMPO member municipality currently uses the model ordinance.
New Hanover, Brunswick, and Pender counties lack specific ordinances regulating e-bike use in parks and on multi-use trails, though they, along with Wrightsville Beach, prohibit “motorized vehicles” on public multi-use paths. New Hanover Parks and Gardens have a rule prohibiting class 2 and 3 e-bikes in county parks.
Pender County spokesperson Brandi Cobb said the county plans on reviewing its motorized vehicle ordinances soon due to recent vehicle and technology advancements.
Durham passed an ordinance in late 2024 which prohibited the use of all e-bikes from its greenway trails. The American Tobacco Trail — part of the popular Maine to Florida East Coast Greenway — runs through Durham.
“If I was going to do the East Coast Greenway, I would be doing it on an e-bike for sure, no question,” McConville stated. “Many years ago, I might have done it on my bike, but those days have passed. So for Durham to say, ‘No e-bikes at all on our trails’ is the extreme that we’re trying to avoid.”
According to Fritz Schuller, a salesperson with Wilmington-based City Bicycle Company, an absence of regulations in the tri-county region highlights the need for guidance.
“I think there is a lot of gray area in the e-bike world,” Schuller said. “What most communities should strive for, is that we have a clear distinction of what types are allowed and what roads they’re allowed on.”
While e-bikes have existed since the 1890s, according to one source, they began to surge in popularity in Europe in the mid 2000s as a popular transportation option. Continued advancements with lithium-ion batteries, which provide power for e-bikes, have led to increased range, acceleration and speed, and thus gained traction in America.
Schuller said the e-bike market in Wilmington experienced a surge in growth following the Covid-19 pandemic. Schuller hears feedback from customers that they purchase e-bikes for cheap transportation, free beach parking and to engage in the outdoors in a fun way.
While Schuller believed there should be more clear definitions of what’s allowed at the local, state or federal government level, Terry Lansdale — executive director of BikeWalk NC — argued the bill shouldn’t be applied at a state level.
BikeWalk NC is a statewide advocacy organization promoting non-motorized transportation. While BikeWalk NC does not oppose the bill, Lansdale expressed concerns with its wording. He argued classifying e-bikes as the bill proposes is insufficient because it does not control how fast they go or how people operate them.
He believes e-bike regulations need to address operator speed and behavior before restricting certain e-bikes. Lansdale compared speed management of e-bikes on multi-use trails to speed limits for vehicles on main roads.
“If I could make a direct correlation: We need to eliminate all Teslas on the road because they have the capability of exceeding the speed limit,” Lansdale analogized. “What this bill would do is, we are going to eliminate a class of bicycles because they have the capability of exceeding a speed limit. That’s not the right thing to do in this case, certainly not for the state.”
Lansdale acknowledged the need for clarity, particularly as technology continues to advance in vehicles and other modes of transportation.
“How do you classify an electric unicycle?” he questioned. “You got a guy flying in from Toledo to ride the East Coast Greenway and he’s got a class three bicycle and he rides through Wilmington. So when some police officer says: ‘Is that a class three bicycle?’ What happens? Does he get fined? Does he get impounded? Does he go to jail?”
NHCSO Lt. Brewer noted e-bike related calls to the department remain steady, with public safety the biggest concern, particularly with e-bikes that can go 40 or 50 miles. While e-bikes are not sold to consumers with the ability to reach those speeds, operators can “hack” e-bike computer systems to exceed speed limiters.
“The biggest thing you see is these kids just whipping them around in traffic,” Brewer said. “It’s only a matter of time before one of them is hit.”
The sheriff’s office was unable to share local data on e-bike related accidents or incidents locally, but according to latest statistics from the U.S. Consumer Product Safety Commission, adolescents aged 14 and younger accounted for about 36% of e-bike related injuries from 2017 to 2022. That’s double their 18% proportion of the U.S. population.
“Here we have a lot of young guys, especially 12- and 13-years-old that ride them [e-bikes] all over the place,” Schuller echoed. “It’s honestly more the young kids or just people getting rowdy on them that is a safety concern.”
New Hanover Parks and Gardens Director Tara Duckworth instructs anyone who witnesses someone operating a motorized vehicle or an e-bike in county parks to contact the police, adding potential repercussions would depend on the incident.
McConville said the biggest challenge with the current bill is enforceability and how to catch someone in the act.
“However, that doesn’t mean we never do it,” she clarified. “It’s like when I was a kid and nobody had to wear seat belts. You know the ‘click it and ticket’ campaigns that we can all get away with? We also know that if we do get caught, it’s a big penalty. Therefore, we comply, we wear our seat belts, we hopefully follow the rules.”
McConville and Lansdale agreed with introducing speed limits on multi-use paths, a factor not present in the bill. McConville thinks it should be simplified with one speed limit set for multi-use paths.
She also doesn’t want people to look at all e-bikes as dangerous, since they provide an accessible option for all cyclists.
“I’m 69, my hips aren’t that happy on hills anymore, so I hit what I lovingly call my ‘pixie dust,’ which is a little bit of battery assist,” McConville said. “Actually, in a funny way, I think it keeps me safer on a ride, because I don’t suddenly get much slower on a hill because I’m riding with a group.”
S.B. 576 is currently in the Senate Committee on Rules and Operations.
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