Analysis of NC State Law Regarding Electric Bikes

 One recent evening I reported to Mint Hill Police a group of electric bike riders who were present in the new Ezell Park. They appeared to be high-powered bikes over 750 watts and without pedals. 

I spoke with the responding officer who seemed confused about why such bikes were a problem and stated that he believed that as long as they stayed off the roads and operated only on the sidewalks that they were ok and that MHPD has been leaving them alone as a result. 

I explained that existing state law treats them as essentially unregistered motor vehicles and it would be like if I rode an ATV on the sidewalk, and that such powerful bikes are a hazard to pedestrians and other legal sidewalk users, and indeed I have been struck by one. 

I was not able to cite the exact statutes though, so I did a deepdive on existing state law and found a confusing mess that may be allowing some to believe that some electric bikes are legal when they in fact are not. Some surrounding towns have enacted ordinances to clarify prohibitions against them on sidewalks and I believe Mint Hill should as well, but I have found that existing state law should be enough to address them today when examining the legal definitions of motorcycles, mopeds, vehicles, and motor vehicles.

First, if the bike is under 750 watts and can go no faster than 20mph, and has bicycle style pedals, it is considered a bicycle essentially and is actually allowed on sidewalks.

What this means is that if you see an electric bike on a sidewalk but it has bicycle pedals, it's probably legal, but on the flip side, if you see a bike which does NOT have pedals, it is no longer an electric assisted bicycle and likely falls under one of the other vehicle categories.

Definitions for reference later:

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G.S. 20-4.01 (7a): Electric Assisted Bicycle. – A bicycle with two or three wheels that is

equipped with a seat or saddle for use by the rider, fully operable pedals for
human propulsion, and an electric motor of no more than 750 watts, whose
maximum speed on a level surface when powered solely by such a motor is no
greater than 20 miles per hour.

G.S. 20-4.01 (23): Motor Vehicle. – Every vehicle which is self‑propelled and every vehicle
designed to run upon the highways which is pulled by a self‑propelled vehicle.
Except as specifically provided otherwise, this term shall not include mopeds
or electric assisted bicycles.

G.S. 20-4.01 (49) Vehicle. - Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purposes of this Chapter bicycles and electric assisted bicycles shall be deemed vehicles and every rider of a bicycle or an electric assisted bicycle upon a highway shall be subject to the provisions of this Chapter applicable to the driver of a vehicle except those which by their nature can have no application. This term shall not include a device which is designed for and intended to be used as a means of transportation for a person with a mobility impairment, or who uses the device for mobility enhancement, is suitable for use both inside and outside a building, including on sidewalks, and is limited by design to 15 miles per hour when the device is being operated by a person with a mobility impairment, or who uses the device for mobility enhancement. This term shall not include (i) an electric personal assistive mobility device as defined in subdivision (7b) of this section or (ii) a personal delivery device as defined by this section. Unless the context requires otherwise, and except as provided under G.S. 20-109.2, 47-20.6, or 47-20.7, a manufactured home shall be deemed a vehicle.

G.S. 20-4.01 (27h): Motorcycles. – Vehicles having a saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the
ground, including autocycles, motor scooters, and motor‑driven
bicycles, but excluding tractors and utility vehicles equipped with an
additional form of device designed to transport property,
three‑wheeled vehicles while being used by law‑enforcement
agencies, electric assisted bicycles, and mopeds as defined in
sub‑subdivision d1. of this subdivision.

G.S. 20-4.01 (27j): Moped. – A vehicle, other than a motor‑driven bicycle or electric
assisted bicycle, that has two or three wheels, no external shifting
device, a motor that does not exceed 50 cubic centimeters piston
displacement and cannot propel the vehicle at a speed greater than 30
miles per hour on a level surface. The motor may be powered by
electricity, alternative fuel, motor fuel, or a combination of each.

G.S. 20-160.  Driving through safety zone or on sidewalks prohibited.
(a) The driver of a vehicle shall not at any time drive through or over a safety zone.
(b) No person shall drive any motor vehicle upon a sidewalk or sidewalk area except upon a permanent or temporary driveway. (1937, c. 407, s. 122; 1973, c. 1330, s. 24.)

G.S. 20-4.01 (39) Safety Zone. – Traffic island or other space officially set aside within a
highway for the exclusive use of pedestrians and which is so plainly marked or
indicated by propersigns asto be plainly visible at all times while set apart as a
safety zone

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Basically, if a bike is more powerful than an electric-assisted bicycle, it's a moped, and if it's more powerful than a moped, it's a motorcycle, and motorcycles are definitely considered motor vehicles, and I would argue that mopeds are too because they are required to be registered (G.S. 20-53.4) and insured (G.S. 20-309), but according to G.S. 20-401 (49), they're at least a vehicle and both vehicles and motor vehicles are prohibited from sidewalks and safety zones in G.S. 20-160.

Therefore, under existing state law, many of the electric bikes we have seen operating on our streets and sidewalks are illegal for the following possible reasons:

1. They are unregistered mopeds or motorcycles (G.S. 20-53.4).
2. They are uninsured mopeds or motorcycles  (G.S. 20-309).
3. They are violating G.S. 20-160 when operated on sidewalks.
4. They are violating G.S. 20-111 (1) when operated on the road.
5. They are being operated by someone under the age of 16 (G.S. 20-10.1).
6. The rider is not wearing a helmet (G.S. 20-140.4).

Mint Hill Police have the authority then (and I would argue, the obligation) to detain, cite, or arrest any rider of such an electric bike if they see any of the following:

1. No bicycle style pedals are present and no license plate is visible and they are on either the street or sidewalk.
2. The rider appears under 16.
3. The rider is not wearing a helmet.