What are the laws in Texas governing E-bikes?
In Texas, laws governing bicycles also govern e-bikes. However, the bicycle laws only apply when the e-bike is used on the highway or on a path set aside exclusively for bicycles. (Section 551.001.) Like nonmotorized bikes, e-bikes must follow all vehicle laws, stay as close to the right shoulder on the roadway as safely possible, unless turning left or passing, and riders may ride two abreast.
Bike and e-bike riders may only ride on the seat of the bike and may not carry more people than the bike is designed or equipped to carry. (Section 551.102) It’s important to note that a parent or guardian may not knowingly permit a child to violate bicycle laws. (Section 551.001).
What regulations can a local authority make regarding E-bikes?
A local authority may not prohibit the operation of an e-bike on a highway used by motor vehicles (Section 551.106).
A local authority may NOT prohibit the operation of an e-bike where a nonelectric bike is permitted, UNLESS the path is not open to motor vehicles AND as a natural surface tread made by clearing and grading the native soil without adding surfacing materials (such as a dirt pathway in a park).
A local authority may prohibit the operation of a bike (and e-bike) on a SIDEWALK and can establish speed limits for bikes on pathways. In other words, if a bicycle is allowed on a pathway (unless it is unpaved) e-bikes are allowed as well. However, local authorities may prohibit ALL bikes on sidewalks, if they choose to do so.
What type of e-bikes are allowed on the roadways?
The State of Texas transportation code lists three types of e-bikes:
- Class 1: partially human-powered with a speed limit of 20 mph
- Class 2: primarily motor-powered with a speed limit of 20 mph
- Class 3: partially human-powered with a speed limit of 28 mph
How old do you have to be to operate an E-bike?
A person may not operate a Class 3 electric bicycle, as defined by Section 664.001, unless the person is at least 15 years of age.
What is The Woodlands' position on Electric bikes on Pathways?
The Woodlands Township prohibits motorized vehicles of any type on the pathways. The Township has stated, “While Texas legislation provides that electric scooters and gas scooters with engines less than 40cc may be ridden on public thoroughfares, this law only extends to counties and municipalities.
The pathways in The Woodlands do not fall into this category; they are owned by The Woodlands. Therefore, motorized vehicles are prohibited from using the pathways. The only exceptions are motorized wheelchairs and the pathway maintenance vehicles.”
In January of 2024, The Woodlands Township considered whether to change its policy on e-bikes and declined to do so: “Township Chief Operations Officer Chris Nunes said a number of issues surround the possibility of allowing e-bikes on pathways and trails in The Woodlands, such as monitoring speed, filing incident reports and verifying the class of motorized vehicles on the trails. Another issue with allowing e-bikes on trails within The Woodlands is due to the density of trees along pathways with wide variation in terrain and trail width, he said.”
If you or a family member has been injured on or by an e-bike, the experienced personal injury attorneys at Wham & Rogers can help you.