Can the US Close Its Regulatory Gaps Around E-Bikes?
Written by: Maxime Renson | December 1, 2025 | Time to read 7 min
With youth crash and injury rates significantly higher than adults, the US faces a clear question: regulate e-motos or keep pretending they’re electric bikes.
More about the Author: Maxime Renson, General Manager at Upway
Graduated in engineering and business, I spent 6+ years at Uber across six countries before joining Upway’s founding team in 2022 to launch the U.S. business. Outside work, I bike, run, play golf and padel, and swim with my son.
Just yesterday, The New York Times Magazine published a gripping investigation into the dangers of unregulated e-bikes, or "e-motos". Journalist David Darlington captured the story of a Californian teen’s devastating crash to highlight how fast the technology has outpaced US regulation. As communities scramble for solutions, the question becomes clear: How can the US close its e-bike regulatory gaps before more riders get hurt?
A shocking crash that sparked reform
Legal e-bikes vs. e-motos
Illegal e-motos, by contrast, resemble electric motorcycles: heavier, far more powerful, often throttle-only, and easily modified to reach 30, 40, or even higher speeds without registration or licensing. They often have only one gear and are powered by rear hub motors with much higher wattage. These vehicles do not fall into legal e-bike categories nor motorcycle classifications, and are typically illegal for anyone to ride, though enforcement is relatively low.
This blurring of categories has fueled a surge in severe injuries, especially among teenagers who may see e-motos as more similar to e-bikes than true motorcycles. The difference between a regulated e-bike and an unregulated e-moto has become a serious matter of safety, enforcement, and public understanding of what truly belongs in bike lanes and on our streets.
Growing dangers of e-bikes & e-motos
Darlington explains that hospitals witness these growing dangers firsthand— John Maa, a chief trauma surgeon on call at MarinHealth, recalled that, in the “summer of 2020 into 2021 and 2022, e-bike accidents started picking up and were noticed by emergency rooms.” Trauma surgeons increasingly describe the resulting crashes from these unregulated e-motos as more akin to motorcycle wrecks than bicycle falls, and data from scientific studies published since then support the general trend that Maa picked up on.
For example, a 2023 study found that “children on e-bikes had infrequent helmet use and an increased rate of hospitalization,” while a 2022 pediatric study revealed that “injury severity is significantly higher with electric bikes compared to classic bicycles.” In addition, a 2025 study showed that young e-bikers more often suffer severe head and facial trauma compared to classic cyclists. As nationwide sales of electric bikes quadrupled after 2020, e-bike injuries increased by a factor of 10, according to the National Electronic Injury Surveillance System.
Closer to home in Marin, an analysis of MarinHealth’s database of trauma cases revealed that “on a pedal bike, the chance of dying from an injury is about three-tenths of 1 percent. On an e-bike, the data indicated, it was 11 percent”, said Edward Alfrey, the medical director of trauma services. The Marin EMS system discovered that the rate of e-bike-related accidents was nine times higher for youths than for riders over age 20.
Darlington acutely notes that “the fun factor offered by e-bikes mixes dangerously with young people’s proclivity for play, made worse because they are often not old enough to drive and don’t know the rules of the road”. But regulation and more appropriate rules can help steer e-bikers and youth in the right direction toward safe riding.
There’s a serious lack of regulation
To be clear, the US laws on e-bikes are a highly complicated issue in terms of exactly what and how we ought to regulate. For example, banning certain products altogether, imposing age limits, or helmet requirements. Additional or superfluous rules could seem unfair and discourage e-bike ridership, handing a win over to our reliance on cars. Or perhaps crackdowns on riders are just another example of communities punishing teenagers having some fun and popping wheelies.
But there is a tenable line of thought to guide regulations. Darlington noted that cycling-advocacy organizations generally subscribe to the view advanced by Ben Furnas of Transportation Alternatives:
“The focus should be on the vehicles that are killing and maiming the most people: heavy cars and trucks. Instead of increased regulation of e-bikes, the solution should be infrastructure that allows 'safe places for everyone'— specifically, protected bicycle lanes wide enough for both slower and faster bikes. The most egregious examples— out-of-class e-motos — are what e-bike supporters argue should be the target for policing, not unmodified Class 2 bikes.”
It seems like this balanced perspective makes the most sense. Cycling infrastructure should be better and safer. Bans on e-motos and other illegal vehicles should be enforced. And legal e-bikes shouldn’t be the target of policing. This approach avoids falling into the trap of lumping all forms of electric bikes— legal models and out-of-class e-motos— together, which could hurt the general e-bike movement.
Europe embraces a different e-bike landscape
These regulatory structures seem to be holding up better in Europe, while the US faced an outdated 2002 federal e-bike definition and larger problems with illegal e-motos (though they are present across Europe as well).
But what’s the right path forward?
Updated and more accurate regulations are long overdue, and it’s the hard work of actually writing and passing those new rules that lies ahead. The highest priority areas are easily modifiable e-bikes and illegal out-of-class e-motos.
States such as California has been catching up to e-bikes that can easily be modified to travel faster than the legal limits via an app or "unlocking" the bike's speed limiter. When a legal e-bike is sold as either Class 1, 2, or 3, it should remain as such. Illegal modifications can increase rider risk and chances of injury.
Regulation of illegal e-motos is a crucial next step. These machines are much more powerful and faster than legal e-bikes, often without operable pedals. They don’t count as e-bikes or motorcycles, so they’re technically illegal for anyone to ride. And they pose the highest safety risk because of their extra speed and weight. Cities around the country have begun to crack down on these illegal vehicles.
New laws and pilot programs
A few places across the US are already ahead of the curve, attempting to catch up to the safety issues on our streets today. For example, California recently passed Assembly Bill 1778, which prohibits anyone younger than 16 from riding a Class 2 e-bike and requires anyone using one to wear a helmet. Increased helmet use is another excellent strategy to improve safety in general, especially among younger riders. There are also pilot programs in Marin County, San Diego, and elsewhere with stricter enforcement of e-bikes and e-motos.
The recent NYT reporting makes it clear that the US can’t afford to look the other way regarding e-motos and their risks. With youth injuries rising and enforcement lagging, closing these regulatory gaps is now essential. Targeting illegal e-motos, protecting legal e-bikes, and building safer infrastructure offers a balanced path forward— one that keeps riders safe while allowing micromobility to thrive.
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Key Takeaways
- E-motos aren’t e-bikes: The regulatory gray zone around them is driving the most severe crashes.
- Data is catching up: Hospitals and studies now show e-bike injuries rising sharply, especially for youth.
- Balanced reform is possible: Protect legal e-bikes, crack down on illegal e-motos, and build safer bike infrastructure.
