SOUTHEASTERN N.C. — A local senator’s bill to regulate e-bikes moved one step forward Tuesday. This came two weeks after New Hanover County commissioners also took up discussions about whether it should give a second look at ordinances regarding e-bikes.
READ MORE: Navigating e-bike surge, Sen. Lee proposes regulation, advocates raise concerns
Senate Bill 576 was referred to the Senate Transportation Committee; it would change the state’s definition of e-bikes — currently defined 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.
The bill seeks to classify them 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
Twenty-three states now use three e-bike classes in its laws, according to PeopleForBikes. The organization first worked with California legislators a decade ago to introduce laws in the state.
“This is the beginning of discussion about e-bikes and regulations that relate to them,” Sen. Michael Lee of New Hanover County said at the committee hearing. Lee sponsored the bill and put it forth last month.
“There’s a lot of confusion about e-bikes, mopeds and the regulations that can be imposed by local jurisdictions, particularly municipalities and counties,” he added.
This includes helmet regulations. Class 3 bikes require federally approved helmets — “essentially, a motorcycle helmet,” Lee told committee members. At the meeting, Sen. Michael Lazzara (R-Onslow County) amended the bill to include helmet use to apply to people under 18 years old.
“The locals will have the ability to regulate helmet use in all other instances and they can determine whether other folks need to be wearing helmets in their particular jurisdictions,” Lee clarified.
No one signed up to speak regarding the bill; Lazzara motioned for the amended bill to move to the transportation committee, which passed. The transportation committee is partially chaired by another local senator, Bill Rabon of Brunswick County.
E-bikes have gained steam in popularity but also with area leaders suggesting regulations in their regard as of late. 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, according to previous PCD reporting.
At an April 17 New Hanover County’s agenda review meeting, Commissioner Stephanie Walker mentioned updating ordinances to properly reflect e-bike usage. New Hanover Parks and Gardens have a rule prohibiting class 2 and 3 e-bikes in county parks.
Walker referred to a dirt-bike incident that had a 5-year-old airlifted to a hospital and an 18-year-old now facing assault with a deadly weapon inflicting serious injury, a felony. It took place at Smith Creek Park in April.
“I know that was a dirt bike, but it is a serious injury,” Walker said.
Commissioner LeAnn Pierce pushed back on conflating the two bikes, stating the dirt-bike incident was clearly about someone who broke the law.
“I don’t know how we regulate people’s ethics,” she said.
Walker pressed the ordinance of e-bikes in parks deserved a second look.
“They are very heavy and they’re very fast,” she said. “They’re not considered motor by definition, they’re not gasoline-powered. … but there’s a lot of kids out there on these e-bikes, popping wheelies and stuff. I see them, but the fact is that it’s happening in parks. So at some point it has to be discussed.”
Walker didn’t specifically go into detail about how she envisioned an ordinance change, but said constituents have reached out to her regarding concerns.
Pierce — who has an e-bike — questioned if Walker wanted a ban.
“If we ban the e-bikes, will we ban the regular bikes?” she asked. “I’ve seen regular speed bikes go faster than e-bikes.”
Walker responded she wasn’t looking to prohibit anything, only wanted to assess how they’re addressed in county code.
Tara Duckworth, parks and gardens director, told the commissioners the county is starting to get more complaints from people who would prefer bikes not be ridden on trails at all, due to more visitors crowding the parks since the Covid-19 pandemic. Also, the trails are 8 feet, instead of 10, as NCDOT builds.
“We’ve been able to get away with that, having regular bicycles on trails, but we are starting to see a lot more,” she said.
Pierce thought all the trails should be 10 feet, but Duckworth said funding was a challenge. Long Leaf and Smith Creek park trails measure 8 feet, while roadside trails come in at 10-feet, she further illustrated.
Conversations have started with Wilmington Urban Area Metropolitan Planning Organization to align the city and county bike approach, Duckworth said, since people don’t often distinguish bike rules between the two governments’ land and facilities.
Chair Bill Rivenbark questioned if the Cross City Trail allowed e-bikes, to which Duckworth confirmed there is nothing official addressing it currently.
The City of Wilmingotn’s code notes bikes are allowed on sidewalk, sidewalk area or walkway but the biker must yield the right-of-way to any pedestrian and give an audible signal before passing any pedestrian. A violation of section 5-41 would constitute an infraction, city spokesperson Dylan Lee told PCD.
To the commissioners, Duckworth also brought up Sen. Lee’s bill — crafted with the help of WMPO — and said she has spoken with the sheriff’s department, which said enforcement would be problematic. Bikes don’t necessarily have a sticker denoting classification.
“And how would you know if the e-bike was under power or not?” Pierce questioned. “Because a person can ride the bike without engaging any type of motorized help. … So if we disallow bikes in our parks, then where are they going to ride a bike? The street?”
Walker suggested considering more patrols in parks if necessary.
Since the county doesn’t allow motorized bikes in its parks already, Duckworth thought that was adequate enough to cover e-bikes. “A motor to me would include an e-bike,” she said, but also suggested leaning on the sheriff’s office for consultation.
Commissioner Dane Scalise agreed and echoed issues about enforcement. However, he said he was open to more discussion: “We could do a better job classifying what’s allowed and what’s not allowed.”
The sign at Smith Creek Park does break it down: “No motorized vehicles, including but not limited to ATV’s, golf cart, e-bikes other than class 1, motorbikes, etc., allowed.”
Walker floated the idea of incorporating digital signage to clearly get out messaging. She also didn’t think commissioners should overlook the importance of addressing the current surge of e-bike use but rather be proactive in addressing community safety concerns.
“Just because we necessarily can’t enforce it all the time, I think there are things that we can do,” she said.
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