Article 731JX Bike and trail orgs, cities and high school students unite around WA bill to clarify difference between e-bikes and e-motos

Bike and trail orgs, cities and high school students unite around WA bill to clarify difference between e-bikes and e-motos

by
Tom Fucoloro
from Seattle Bike Blog on (#731JX)
Screenshot-2026-01-22-at-4.19.32-PM-750x392.jpgLake Washington High Schooler Clare Goodrich was one of several students to testify in support of the bill. She spoke about being injured in a crash when she was 14 while riding as a passenger on an e-moto. The driver was 13.

After news out of New Jersey broke this week that their outgoing governor Phil Murphy signed a law to recategorize all electric bicycles as motorized vehicles - complete with driver's license, insurance and motorcycle helmet requirements - I was bracing for the worst when I tuned into Wednesday's public hearing on a Washington State House bill addressing the same issue of high-powered motorcycles and mopeds that are often mistaken for or are purposefully imitating lower-speed electric-assisted bicycles. But with high school students from Kirkland leading the way, representatives from bicycling and trail organizations as well as several municipalities all testified in favor of HB 2374 - 2025-26, protecting the status of the three e-bike classes while drawing a clear line between them and electric motorcycles. See our testimony summary at the bottom of this story.

Seattle Bike Blog waded through the bill language and its potential impacts in our previous post, but the main point is that it would add a legal definition for an electric motorcycle" and then include them in the definition of a motorcycle. The bill also clarifies the definition of an electric-assisted bicycle" to specifically exclude any vehicle with pegs instead of working pedals or any vehicle capable of exceeding 20 mph solely using its motor - whether that capability is stock or unlockable by any means intended by the maker, such as but not limited to activating a higher mode or using a switch. If the bill were to pass with its current language, e-bikes meeting the existing class designations will continue to be regulated under existing e-bike rules as they are today.

The biggest immediate change would affect e-motos, which currently exist within a gap in state law. They are not e-bikes, but they also are not mopeds, which are defined based on the power of their gas engines. Under then new rules, e-motos would assume all the rights and responsibilities of motorcycle drivers, which includes insurance, registration, a motorcycle endorsement on a driver's license, and the responsibility to make sure the device meets all of the state's motorcycle equipment requirements. The change would also allow regulatory bodies such as counties, cities, parks departments or land management agencies will be able to craft rules specifically targeting e-motos. Existing rules that allow e-bikes but other motorized vehicles (such as on regional trails or within many parks) already probably ban e-motos, but this bill should remove any doubt.

The Senate Transportation Committee is holding a hearing 4 p.m. Monday on their version of the bill. SB 6110 - 2025-26 also modifies the definition of an e-bike to exclude e-motos, but it does not add a definition for electric motorcycles nor does it add them to the definition of a motorcycle. Having different House and Senate bills is common, and usually one version will gain more momentum and become the most likely path to passage. Both the House and Senate will eventually need to agree on a single version in order to send the bill to the Governor to sign it into law.

Current e-moto riders were conspicuously missing from the conversation during Wednesday's hearing. One Lake Washington High School senior, Connor McFadden, testified that he used to ride them when he was a younger teen, and now he looks back and realizes he didn't understand or respect the danger he was in at the time:

When I was younger, I would ride e-bikes all over Kirkland. At the time, it didn't feel unsafe or dangerous, although it was fun, fast, and easy. I realized looking back that I didn't fully grasp the danger I was putting myself and others in. The bike I would ride could reach high speeds very quickly. At those speeds, it didn't really feel like a bike anymore. It handled more like small motorcycle. It was harder to stop when needed and even harder to control. At this young age, I didn't understand the rules of the road, and I did not understand whether I should be riding the bike lane or on a road like a motor vehicle. I didn't have the knowledge, experience, or judgment I needed to be able to safely operate something of that power."

Another high school student from Kirkland, Clare Goodrich, testified about being injured while riding as a passenger on an e-moto when she was 14 and the driver was 13.

In 2022 at the age of 14, I was involved in an e-bike crash as a passenger in this situation with the driver who was 13 at that time. At this age, I was completely unaware of the dangers e-bikes can bring. I was uneducated on how the speed of an e-bike can quickly lead to loss of control, which in my case, did happen. I crashed at a speed approximately 30 miles per hour without the use of pedals. This exceeds the max speed of the class 3 e-bike, only legally allowed for individuals of 16 years of age or older. I ended up in urgent care receiving five stitches and two butterfly stitches. Not only did I endure physical injuries, but also emotional, both of which still affect me today. If this bill were to have been put in place at the time, I would not have been able to ride an e-bike at this speed without these pedals. I would have been in a safer situation, preventing the severity of my injuries. Kids today deserve to be set up for success and for safety, which is exactly what this bill would allow for.

In both of these cases, it's interesting that they used the term e-bike" to describe an e-moto, demonstrating the challenge for e-bike proponents when trying to differentiate between the two. Colloquially, people have been calling these things e-bikes, so that term means something different in people's minds regardless of what the law states. The word bike" is also widely used to describe a motorcycle, so this isn't really a new thing (the Seattle Bike Blog Instagram account's feed is convinced we want to see motorcycle content, for example). It just used to be a lot easier to tell the difference because of the loud gas engine.

Though there were about 65 people signed in against the bill on the hearing's online agenda testimony website (compared to about 385 in favor), nobody spoke against the bill during the hearing. The sign-in sheet does not provide many clues about why they signed in against it (a few had added vague anti-tax messages, though this bill does not do anything about taxes). I hope some e-moto riders are figuring out how to get organized to advocate for themselves because nobody else seems interested in doing it for them. At the very least, e-moto riders should try to make sure they have some representation in the new workgroup that will be meeting this year to craft a report that will inform agency policies and perhaps additional law changes during next year's legislative session.

I suspect it could be difficult and sometimes expensive or even impossible to modify many existing e-motos to comply with state motorcycle regulations. These things aren't going to simply disappear with the passage of a new law, so I encourage lawmakers to consider what can be done to make the process of going legit as painless as possible. For example, do motorcycle insurance policies exist for these e-motos? Are motorcycle endorsement courses prepared to handle someone with an e-moto? Is the state's vehicle registration system capable of inspecting and processing e-motos? Are there any federal motorcycle regulations that could interfere with someone trying to register an e-moto as a motorcycle? I did some light web searching to see if I could find easy answers to these questions and came up mostly empty.

Another option may be to create a new class of electric motorcycle that more closely parallels mopeds, which still need to be registered but can be operated with a regular driver's license and with what seems to be less stringent vehicle equipment rules. Though perhaps this would just recreate the e-bike conflation problem all over again because it will be difficult to tell if an e-moto complies with any power and speed limits of this new moped-class device. It sure would be great if we had a functional federal government to help regulate these standards.

Regardless of the solution, for this to work the state is going to need to get buy-in from e-moto riders. There are clear benefits to gaining all the legal rights of motorcycle riders, and it's in everyone's best interest that pursuing the legal route is widely seen among e-moto riders as the obvious best choice.

So far, the vast majority of the conversation is about the problem of teens, especially those too young for even a driver's license, riding e-motos. I doubt there will be any serious resistance to on that point. But there are surely adults who are finding joy and utility from these things and are using them to get around without burning gasoline and polluting the air, and that is a potentially positive story that is completely missing. E-motos may be high-powered compared to an e-bike, but they are extremely efficient compared to just about any other motor vehicle.

Testimony highlights

You can watch the full January 21 House Transportation Committee hearing via TVW. The discussion about HB 2374 - 2025-26 begins at the 28:30 mark.

Staff noted that the fiscal impact of the bill would be $89,000 to the Department of Licensing, mostly to convene the work group. Work group organizing would also need to be contracted out.

Representative Janice Zahn:

I want to thank the City of Mercer Island for bringing this to my attention."

Noted that Washington Bikes held a demo on the front lawn showing the difference between each device type.

One of the most important pieces is that we know that e-bicycles are actually part of our micro-mobility in our community. It gives a lot of ability for people to get around that need that additional boost that conventional bicycles don't. And at the same time, we now that community safety is really, really important."

Says the goal is to have the report by middle of December so action can be taken next session.

Amy Falcone, Kirkland City Council:

However, one critical gap remains with enforcement of riders under 16. For these young riders, the primary option municipalities have is criminal charges through juvenile court. And nobody wants the outcome of this bill to be to criminalize a child and discourage active transportation, especially electric transportation. So we'd hope to see this bill amended to create a civil infraction and enforcement mechanism at the municipal level for children under 16. This change would provide a clear, non-criminal enforcement pathway and help cities improve safety without unintended consequences."

Eunjae Jeon, Lake Washington High School student:

I think e-bikes are essential for younger riders, especially those who aren't yet old enough for a driver's license. This bill clarifies what is and isn't safe for young riders so they can continue to enjoy e-biking safely."

Tate Kuhn, senior at Lake Washington High School school:

Due to these vehicles being used recklessly, they give true e-bikes a bad reputation and discourage their use."

Will Callahan, Lake Washington High School student:

This not only creates safety risks for many citizens and riders, but also unfairly damages the reputation of actual e-bikes that have pedals and top speeds that do not exceed 20 miles per hour, which many Washington residents enjoy and use responsibly. Another concern raised by our community members is that many of these vehicles are being operated by teenagers who lack proper training experience and responsibility required to safely control a motorbike, yet they're easy for teenagers to obtain due to improper classification."

Representative Julia Reed noted that many of the students helped draft the legislation and get it to this point. Many reps praised the students for being active and engaged.

Malia Donohue, senior at Lake Washington High School:

I am here to speak in support of Bill 2374 because of the countless number of unsafe e-bike riders I see every day at school in my neighborhood and on our busy downtown roads. I regularly see young kids who do not know the rules of the road riding way too fast and most concerning riding powerful electric bikes that are not properly regulated. Just one example I see daily on my way to school is a bike called a Sur-Ron. These bikes do not have fully-functional pedals, have motor powers far exceeding the 750 watt e-bike limit and can reach speeds up to 50 miles per hour or more. I see 13, 14 and 15 year-old kids riding these bikes every day. While these bikes increase mobility, they work more like motorcycles and kids are simply too young and inexperienced to be riding vehicles at those speeds on public roads."

Clare Goodrich, senior at Lake Washington High School:

I have chosen to testify for bill 2374 due to a personal experience. In 2022 at the age of 14, I was involved in an e-bike crash. I was a passenger in this situation with the driver who was 13 at that time. At this age, I was completely unaware of the dangers e-bikes can bring. I was uneducated on how the speed of an e-bike can quickly lead to loss of control, which in my case did happen. I crashed at a speed approximately 30 miles per hour without the use of pedals. This exceeds the max speed of the class 3 e-bike, only legally allowed for individuals of 16 years of age or older. I ended up in urgent care receiving five stitches and two butterfly stitches. Not only did I endure physical injuries, but also emotional, both of which still affect me today. If this bill were to have been put in place at the time, I would not have been able to ride an e-bike at this speed without these pedals. I would have been in a safer situation, preventing the severity of my injuries. Kids today deserve to be set up for success and for safety, which is exactly what this bill would allow for."

Steven Ellis, Association of Washington Cities:

We are particularly concerned about reports of younger writers who may not fully understand the rules of the road putting themselves in danger. A number of cities have begun adopting local ordinances regarding e-motos but we understand there's some ambiguity in the current definitions in RCW about whether current definitions apply to e-motos."

Jesse Cunningham, Evergreen Mountain Bike Alliance:

E-bike technology is evolving rapidly in the absence of regulation. What are essentially electric motorcycles are being classified as e-bikes. Many of these e-motos, as we call them, have high torque and speed, and many of those models are capable of exceeding 60 miles per hour. A lack of regulatory framework and often intentional mislabeling by manufacturers leads to confusion for consumers regarding differences among products generally labeled as e-bikes. Without regulatory guidance land managers municipalities and law enforcement are struggling with how to manage this undefined technology. People are looking to us for answers on this, but I want to be clear that these are not e-bikes as and they're not e-bikes is currently defined and there should be managed as such."

In response to a question from Rep. Adison Richards: I live in Ellensburg and I had our city manager reach out to me and say, Hey we've got all these bikes or these what are called e-bikes tearing up the bike park that we built there, and they said, What do we do you know what are these and why are they causing this damage when this damage wasn't happening before? And I had to teach him about the difference between what are defined now as e-bikes and what should be defined as e-motos. And the city's coming up with regulations around that. But each city around Washington is dealing with these issues. And they shouldn't all have to independently define this. If the legislature can define that for the whole state, then it's much easier for land managers to enact that."

Michael DeCramer, Washington Trails Association:

Section 4 of this bill directs the Department of Licensing to convene a work group partially focused on the public's ability to distinguish between each category of vehicle and adhered to applicable laws. We request that the workgroup include a representative from a state land agency or county government with expertise in managing non-motorized trails that allow electric-assisted bicycles. Such a representative would provide valuable experience relating to the regulation of electric vehicles along infrastructure that also serves pedestrians."

Lee Lambert, Executive Director of Washington Bikes:

Washington is not alone in having this conversation. I meet regularly with executive directors of bike organizations around the country, and every state is grappling with this. And this piece of legislation is a chance for Washington to get it right. It clearly defines what an e-bike is and what it isn't. E-motos are giving e-bikes a bad name, and if we don't establish a statewide standard, we're going to have a patchwork of laws that are going be difficult for users and law enforcement to interpret."

Katherine Hollis, Executive Director of Eastrail Partners:

On any given day, even in the heart of the big dark of Western Washington, people use regional trails to walk dogs, push strollers, recreate, and commute to job centers. E-bikes are key to this, as they allow more people to utilize public infrastructure by allowing them to get farther or ride a bike longer than they might have, to carry loads or children. The different between e-motos and e-bikes have significant ramifications for the safety and enjoyment of our regional trails. Riders on e-motos, having no pedals or not having to pedal, quickly accelerate and zoom by other users and have slower reaction speeds and ability to slow down. This is a real safety issue for folks riding e-motos and the users around them. Given the popularity of a regional trail, it's critical that we have clarity between e-bikes and e-motos given how differently they operate."

Jill Meis, Washington Recreation and Park Association:

Parks and recreation professionals are experiencing the impact of e-bikes in our parks and trails and we are hopeful that the study group will be able to set rules and provide a plan for education of the public. We also just wanted to have one suggestion and that's to add a member of a statewide Park and Recreation Association to participate in the Study Group."

Connor McFadden, senior at Lake Washington High School:

When I was younger, I would ride e-bikes all over Kirkland. At the time, it didn't feel unsafe or dangerous, although it was fun, fast, and easy. I realized looking back that I didn't fully grasp the danger I was putting myself and others in. The e-bike I would ride could reach high speeds very quickly. At those speeds, it didn't really feel like a bike anymore. It handled more like small motorcycle. It was harder to stop when needed and even harder control. At this young age, I didn't understand the rules of the road, and I did not understand whether I should be riding in the bike lane or on a road like motor vehicle. I didn't have the knowledge, experience, or judgment I needed to be able to safely operate something of that power. I'm sure not alone. Many teenagers today ride high-power electric vehicles, although they might look like e-bikes, they perform much more like motorcycles. This is why Bill 2374 matters. This bill creates clearer guidelines that draw the necessary boundaries between electric-assisted bicycles and electric motorcycles, and if this bill were to be passed, it would increase safety and accountability and fairness on the roads, helping prevent young riders from unknowing putting themselves and others at risk."

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