Submitted by John Allen, CRW Safety Coordinator
Safety advice isn’t just about what to do on the road; we need to discuss laws. They affect behavior, and in the unfortunate event of a crash they affect the outcome of insurance claims and lawsuits.
Massachusetts laws affecting bicyclists are basically fair, and have become more so during recent decades, thanks largely to MassBike's lobbying over the years. To be sure, Massachusetts traffic law can be confusing, with provisions scattered around in the General Law, some buried in long paragraphs or covered only in local ordinances. I posted the summary of laws in the January 2025 Safety Corner in case a police officer, insurance adjuster, or opponent in a lawsuit questions the legality of your riding. (Note, I am not a lawyer myself etc. etc., but…)
I’d like to extend my comments to say more about laws affecting e-bikes.
Massachusetts General Laws, Chapter 85 Section 11B 3/4 gives a clear definition of an electric bicycle as falling into Class 1 (top speed under power 20 mph, pedal assist) or Class 2 (top speed 20 mph, also with a throttle), both with 750 watt maximum motor power.
Massachusetts does not include Class 3 (top speed 28 mph, pedal assist only), which is of interest to aging CRW members like me who might want to keep up with our younger companions. These machines fall under the category of motorized bicycle, despite MassBike’s efforts. What does that mean for you?
Chapter 90 Section 1 of the General Laws describes a motorized bicycle as “a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, with a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum speed of no more than thirty miles per hour; provided, that the definition of “motorized bicycle shall not include an electric bicycle.”
As described in Chapter 90 section 1B, a motorized-bicycle operator must have a driver’s license or learner’s permit. Most CRW members who would want to ride a Class 3 would have driver’s licenses, or could be tested and obtain one. An odd provision though is the limit to 25 miles per hour, though the Class 3 limit is 28 and the design limit in the definition is 30. Anywhere other than downhill, 25 mph is probably not usual even on one of CRW’s devo rides. As described in section Chapter 90, Section 1C, a motorized bicycle must conform to applicable Federal equipment standards, and in 1D, the dealer must affix a sticker and send a report to the Registry of Motor Vehicles, to be renewed biannually.
The equipment requirement can be somewhat of a sticking point as it applies to Class 3 e-bikes if it requires a horn, lights or turn signals, but try as I might with a web search, I couldn’t find Federal standards online. So you’ll probably get away OK because any e-bike in this category that you would buy has good brakes, and you use lights at night and signal your turns.
I’ll close here by mentioning a timely topic: the recently-passed New Jersey law that upsets the applecart on definitions and regulation of e-bikes. New Jersey law defines several categories of electric two-wheelers, but they don’t conform to the established ones in other states, and they set several different speed limits. Here’s one of the categories:
“Low-speed electric bicycle" means a two-wheeled vehicle with fully operable pedals and an electric motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.”
That’s Class 1, sort of! The definition differs from the one under the same name from the US Consumer Products Safety Commission, in not setting any power limit and in not including three-wheelers or Class 2.
New Jersey now requires a license and registration for all e-bikes, insurance for some. New Jersey has several additional categories for electric two-wheelers, sometimes with different speed limits and definitions within the same category, and laws forbidding the sale of ones capable of more than 28 mph that have operable pedals. (Forget the pedals, and if properly equipped, it’s a legal motorized bicycle or motorcycle…which is how it should, in my opinion, be regulated.)
I’m going to stop here for now. Be glad for Massachusetts law: it could be much worse! And stay ready to comment on proposed changes in the law, because the increasing number of e-bike and e-moto crashes can lead to additional panicky legislative responses.
