Defining e-bikes: what are the options?
Ontario is in the process of updating how we define electric bicycles. With the passing of Bill 197 at the end of 2024, the Ministry of Transportation is now looking to create “e-bike categories” to better capture the varying capacities and features of e-bikes.
So, what should these categories be? It seems like it should be simple enough, but when it comes to defining e-bikes, the details really matter. Ontario has been actively working on updating our e-bike definitions since 2021 (and since 2018 if you count that it was included as an action in #CycleON Action Plan 2.0), and there is no perfect, agreed upon path forward.
In this blog post I explore some of the ways other jurisdictions have defined e-bikes, and what I see as their pros and cons. Specifically, I will look at:
The three-class system from the United States.
The three types proposed as part of Ontario’s Moving Ontarians More Safely Act (2021).
The two classes established within B.C.’s Motor Vehicle Act (2024).
The European approach to defining e-bikes.
I am writing this blog post because there have been a lot of conversations about e-bike definitions happening through closed consultations, and I’d love to see a more open dialogue around the options and trade-offs. As was accomplished in the United States with the release of the model e-bike legislation, there is an opportunity for us to come together as a sector and propose what we’d like to see to the province.
In addition to sharing this blog post, I will be hosting a webinar discussion on the topic on Tuesday, May 13 @ 1:30pm Eastern. I’d like this webinar to be a chance for us to discuss the pros and cons and what we’d like to see happen, and I hope that you can join!
If you’re looking for more background information on all of this, I’ve written previously about how we define e-bikes. Feel free to check out my recent blog posts for those details, including details on my delegation about Bill 197 and a recent Toronto Star article highlighting Ontario’s child passenger ban on e-bikes, which I have long sought to change. I also published a free “state of e-bikes in Canada” report in 2023.
Okay, now let’s review some options from other jurisdictions.
Option 1: The 3-class system from the United States
The industry association People for Bikes developed model electric bicycle legislation that defines three classes of e-bikes. The model legislation has been widely adopted across at least 40 states and aims to provide consistency across jurisdictions.
Things I like about the 3-class system:
Developing categories / classes to distinguish between different types of e-bikes provides coherence and clarity.
The definitions don’t rely on design and weight specifics to differentiate between classes. With the ever-evolving market, relying on design and weight specifications can inadvertently exclude e-bikes, especially adaptive e-bikes.
Consistency! Whether we like it or not, the Canadian e-bike market has been very tied to the US market and having consistency across North America could have value for vendors, policy makers, and e-bike riders. Also, the stickers to differentiate between classes already exist and are in use in the market.
Does not require licensing and insurance for e-bike riders and provides flexibility for states on helmet laws to allow for harmonization with local rules.
As the market evolves, new Classes of e-bikes could be added to the numbering system.
I also like the approach of putting together model legislation as a base for all states to work from.
Things I don’t like about the 3-class system:
There is no evidence that I have seen to suggest that e-bikes with a push button, twist grip or lever throttle (Class 2) operate differently than pedal assist e-bikes (Class 1). Throttle e-bikes provide much needed access and support for many people, including people with disabilities and people cycling with heavier loads. Codifying throttle e-bikes differently could lead to them being regulated differently, and even potentially banned. Many people who purchased e-bikes with a throttle were unaware that they could be regulated differently when they bought one (full disclosure: me!!).
I am unclear on the need to specifically define Class 3 e-bikes that can reach 45km/h, although, I do understand from some people in the industry that they are available for purchase and use, so defining them to then be able to ban them on certain infrastructure could be valuable.
Option 2: Definitions from Ontario’s MOMS Act
In 2021, Ontario passed new e-bike definitions as part of the MOMS Act, however, they were never proclaimed and did not come into effect. When they were proposed I delegated to the Standing Committee because there were some elements I really liked, and some I had questions about.
Things I liked about the MOMS Act e-bike definitions:
I liked the “bicycle-style e-bikes” type for two reasons. First, I find the language much more descriptive and accessible than many other terms. Secondly, I liked that pedal assist and throttle assist e-bikes were combined into this one class. Ministry research did not find evidence to separate these two very common types of e-bikes like they do in the US three-class system. (note: under provincial rules, municipalities can add additional specifications to categories if they like, aka. differentiate between pedal assist and throttle assist).
Harmonization of e-bike helmet laws with helmet laws for traditional bicycles (mandatory under 18 years).
Things I didn’t like about the MOMS Act e-bike definitions:
They relied on weight to distinguish between different types. The proposed maximum weight of 55kg felt arbitrary and excluded popular family-style cargo e-bikes that were 60kg, as well as the e-trikes commonly used for the Cycling Without Age program (97kg).
They relied on design specifications to distinguish between different types. It was unclear how “traditional fork and frame” design was meant to be interpreted, and whether it could lead to various styles of adaptive e-bikes being excluded.
Option 3: B.C’s Motor Vehicle Act e-bike definitions
In 2024, British Columbia updated their e-bike definitions within their Motor Vehicle Act to include two different classes: light e-bikes and standard e-bikes.
Things I like about B.C.’s approach:
Having classes / categories to distinguish between different types of e-bikes.
Their legislation gets into a lot of specifics and includes some helpful model language on a number of topics.
Things I don’t like about B.C.’s approach:
As outlined above, I have not seen evidence to support defining and regulating pedal assist and throttle assist e-bike separately as this will create more restrictions for many e-bike riders who have a throttle assist e-bike.
I am also hesitant to restrict e-bikes to a 25km/h speed limit when riders are also expected to ride on the road in many instances with motor vehicles travelling much faster than that.
Option 4: European approach to e-bikes
In the European Union, e-bikes with a maximum speed of 25km/h and a maximum power of 250 watts are known as “pedelecs”. They only receive motor assist when the rider is pedaling, however, a start-up throttle that can propel the bike up to 6km/h can be installed. Pedelecs are legally classified as bicycles, are permitted to operate in the same way as traditional bicycles and do not require a license or insurance.
All other e-bikes that do not meet these requirements are subject to additional considerations, known as “type approval”.
Things I like about the EU approach:
Treating e-bikes like bicycles!
Recognition of start-up throttles.
Having a baseline type of e-bike and then additional approval requirements for e-bikes with other features.
Things I don’t like about the EU approach:
A maximum speed of 25km/h is too restrictive in Ontario communities with limited cycling infrastructure where e-bike riders are expected to share the road with motor vehicles going much faster.
I don’t support the exclusion of throttle-assist e-bikes, as discussed.
Canada is currently much more aligned with the US market than the European market and I am unsure about the transferability of this approach.
What do you think?
What do you think makes the most sense for Ontario? Join the webinar discussion on May 13th and join the conversation. Some of the questions we will discuss include:
What are the main issues we are seeking to address with e-bike categories (and what’s the best way to address them)?
Does it make sense to try and align with the US market and their three-class system, or the European market and their approach to e-bikes?
What’s a reasonable maximum speed for e-bikes in Ontario?
Are there proven safety benefits to separating pedal-assist e-bikes from those with a throttle-assist?
Is it important to coordinate across provinces, and if so, how do we do that?
We’ve got pedelecs, light e-bikes, standard e-bikes, bicycle-style e-bikes - what makes sense when it comes to naming e-bike categories?
What are the best practices in terms of where e-bikes should be permitted to ride?
If you’re interested in contributing to this discussion, but unable to attend the webinar, I’ve put together a short online survey to capture your thoughts.
Thanks for reading!