Committee hears legal overview of e-bikes and motorized bicycles, flags gaps as higher-powered models emerge

Damon Leonard of the Office of Legislative Council told a legislative committee on Jan. 14 that Vermont’s statutory framework treats most e-bikes like conventional bicycles but draws distinct lines for higher-powered vehicles.

Leonard said the statute uses a three-class model that is common across the United States: Class 1 provides pedal-assist only and cuts out at 20 mph; Class 2 is throttle‑assist up to 20 mph; and Class 3 provides pedal-assist up to 28 mph. "I'm going to talk to you about the bicycle laws," Leonard said, adding he would not address safety engineering or street design in the session.

Under the statute as described to the committee, e-bikes that fit the class definitions are not subject to registration, inspection, vehicle titles or motor-vehicle insurance; they are sold subject to sales tax rather than motor-vehicle purchase/use tax. Leonard said third‑party certifications and labels are common: "they're required to comply with the U.S. Consumer Product Safety Commission requirements," he said, and class labels typically indicate wattage and maximum speed.

But Leonard warned that the market is evolving. He described bikes and powertrains that can be configured in software or by users to operate across classes or, in some cases, exceed statutory limits. "Visually it's hard to tell" a bike's legal class, he said, noting manufacturers sometimes ship a model with one sticker while aftermarket or software changes can alter its capabilities. That ambiguity, Leonard said, complicates enforcement and suggests statutory definitions may lag technology.

The presenter also outlined categories above the e-bike classes. "Motor-assisted bicycles" under state law can be rated up to about 1.3 horsepower (roughly 1,000 watts) and are generally not required to be registered or insured, whereas "motor-driven cycles" (mopeds) are treated more like motor vehicles: they may require an operator's license and annual registration. Leonard cited statutory thresholds discussed by members — for example, a motor-driven cycle category that the statute caps at roughly 2 horsepower (about 1,500 watts) or 50cc and a top speed of about 30 mph on level ground.

He said municipalities can regulate use on multiuse trails and bike paths, but authority depends on who controls the trail; state-owned rail trails are under state jurisdiction, while municipal trails can be regulated locally. As one example, he described how other cities have imposed speed limits on paths rather than banning e-bikes to address safety concerns caused by faster delivery vehicles.

Committee members raised safety and enforcement concerns, including the fire risk of aftermarket conversion kits and whether stickers can be relied on for enforcement. Leonard suggested advocates and enforcement agencies could help the committee weigh whether statutory updates are warranted.

Before moving on to a scheduled security briefing, a member moved that the committee enter executive session to discuss sensitive information related to state property security risks; the chair announced the committee would go offline for the security briefing.