Driving You Crazy: Is it legal to ride an e-bike on the road with other vehicles?

Craig from Denver writes, “What's driving you crazy? Hey Jayson, I was driving north on Monaco through a school zone at 25 MPH before Hampden and out of nowhere this guy on an E-Bike flew by everyone swerving in and out of traffic going at least 45 MPH. My question is, is it legal to ride an E-bike on the road with other vehicles?”

The answer depends on the classification of e-bike someone is riding on the road. Riders must adhere to the same rules of the road as any bicycle rider, such as riding on the right side, stopping at red lights and using signals for turns. Riders can be in the street, but they should be in a bike lane if one is available. Under Colorado law, an electric bicycle is defined as having either two or three wheels, has fully operable pedals, and an electric motor that does not exceed 750 watts.

There are three classifications of e-bikes under Colorado law.

Class 1 is defined as an electric bicycle that only provides assistance when the rider is pedaling and where the motor ceases at 20 mph. Class 1 e-bikes usually lack a throttle and provides assistance depending on the gear you select.

Class 2 electric bicycles provide assistance regardless of whether the rider is pedaling or not with the motor not exceeding 20 mph. They are the most popular type of electric bikes giving riders an extra boost from the electric motor while still being able to pedal.

Class 3 e-bikes includes ones that provide assistance from an electric motor that are controlled by a throttle with the maximum speed assist set at 28 mph. These class 3 electric bikes must also be equipped with a speedometer. A person under 16 years of age isn’t allowed to ride a class 3 electric bike on any street, highway, or bike or pedestrian path, only as a passenger.

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Unless otherwise restricted, Class 1 and Class 2 e-bikes are allowed on the same bicycle lanes and pedestrian paths as conventional bicycles. Class 3 electric bikes may not be on a bicycle or pedestrian path unless the path is basically a designated bike lane within a street or highway or permitted by the local jurisdiction. Local jurisdictions have the authority to prohibit the operation of electric bicycles on any bicycle or pedestrian path under its jurisdiction.   

What you could have seen blow through that school zone was either a Class 4 e-bike, an electric moped or an e-motorcycle. Electric mopeds and e-motorcycles are allowed to be used on public streets but are subject to the same roadway rules as gasoline powered mopeds or motorcycles. Class 4 e-bikes are not a recognized class in Colorado, as they have a motor exceeding 750 watts and can travel well over 28 mph.

The website Rider Guide describes Class 4 electric bikes as off-road electric bikes that fall under the same restrictions as dirt bikes that can have speeds of over 40 mph.

“Sometimes the only difference between electric dirt bikes, mopeds, and motorcycles and a Class 4 electric bike is that the latter has pedals and some kind of pedal assist function,” the website says.

Even though they have pedals, class 4 e-bikes are not allowed in bike lanes or paths designated for bikes, pedestrians, and other slower moving vehicles because they can operate at such high speeds. Class 4 electric bicycles should have headlights, tail lights, brake lights and turn signals to be street legal. They should also have rear-view mirrors, a horn, speedometer and license plate holder. In most states, Class 4 e-bikes must be registered with the DMV and the rider must have a motorcycle license to ride it on the road. Some of these powerful e-bikes have motors of 5000 watts that can reach speeds over 50 mph.

Outside of class 4 e-bikes, there are ways to increase the speed of the restricted speed lower class e-bikes. A simple internet search looking for removing the speed limiter on any class of e-bike brings up numerous videos and websites showing exactly how to manipulate the e-bike to allow them to go much faster than legally allowed.

Anyone who violates regulations, pertaining to the manufacturing standards and classification of electric bikes and scooters is subject to a class B traffic infraction, with a fine of only $15 and a surcharge of $6. — not much of a deterrent to stop some people from riding in the street past regular traffic.

Denver7 Traffic Expert Jayson Luber says he has been covering Denver-metro traffic since Ben-Hur was driving a chariot. (We believe the actual number is over 25 years.) He's obsessed with letting viewers know what's happening on their drive and the best way to avoid the problems that spring up. Follow him on Facebook, Twitter or Instagram or listen to his award winning Driving You Crazy podcast on any podcast app including iTunes, iHeartRadio, Spotify, Podbean, or YouTube.