Mass. General Laws c.85 § 11B 3/4

Electric bicycles; rights, privileges, duties; regulations

Updates

Added by St.2022, c. 176, § 14, effective August 10, 2022; subsection (f) effective January 1, 2023

 

(a)

For the purposes of this section, the term “electric bicycle” shall have the same meaning as in section 1 of chapter 90 and the terms “bike path” and “bikeway” shall have the same meanings as in section 1 of chapter 90E.

(b)

Except as otherwise provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all of the rights and privileges, and shall be subject to all of the duties, of the operator of a bicycle or duties related to a bicycle set forth in sections 11B and 11B½, any general or special law, regulation or local ordinance; provided, however, that electric bicycles shall not be ridden or operated on sidewalks.

(c)

A municipality, local authority or state agency with jurisdiction over a bike path or bikeway after public notice and a public hearing may adopt ordinances or regulations prohibiting or otherwise regulating the operation of electric bicycles on such paths, including, but not limited to, the imposition of speed limits.

(d)

An electric bicycle shall not be operated on a trail designated for nonmotorized traffic, that a municipality, local authority or state agency has jurisdiction over, if such trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added; provided, however, that a municipality, local authority or state agency after public notice and a public hearing may adopt ordinances or regulations permitting or otherwise regulating the use of electric bicycles on such a trail within its jurisdiction, including, but not limited to, the imposition of speed limits.

(e)

Electric bicycles shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission.

(f) (effective January 1, 2023)

Manufacturers and distributors of electric bicycles shall apply a label that shall be permanently affixed, in a prominent location, to each electric bicycle containing the classification number, top assisted speed and motor wattage of the electric bicycle.

(g)

No person shall tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless the person appropriately replaces the label required by subsection (f).

(h)

The secretary of transportation may promulgate regulations for electric bicycles in the commonwealth, including, but not limited, to their safe operation and proper labeling. The secretary shall submit any such proposed regulations to the clerks of the house of representatives and senate and the joint committee on transportation not later than 30 days prior to their effective date.

Last updated:	August 10, 2022