Tish James Issues Statewide Illegal E-Moto Alert After 2 Deaths

Q: Is your e-bike actually an illegal moped in New York, and how can buyers tell before a crash or confiscation?

Yes—if the bike you bought exceeds New York’s power or speed limits, it may not be an e-bike at all. Under state law, a legal e-bike must have operable pedals, a motor under 750 watts, and fit one of three classes: Class 1 pedal-assist to 20 mph, Class 2 throttle-capable to 20 mph, or Class 3 up to 25 mph, which is allowed only in New York City. If it goes faster or is more powerful, it can be treated as a moped or motorcycle, triggering DMV registration, a license, and possibly insurance. The easiest way to tell before buying is to check the permanent manufacturer label. In New York, e-bikes sold legally must show the class, top assisted speed, and motor wattage. If the listing or bike says 1000W, 1500W, 28 mph, 30 mph, “off-road only,” or advertises motorcycle-style performance, that is a major warning sign. A bike without pedals, or one built more like a seated dirt bike or “e-moto,” is especially likely to fall outside the e-bike category. Buyers should also be wary of online sellers using “e-bike” loosely. Attorney General Letitia James’ alert specifically warns that some businesses are mislabeling illegal high-speed devices as street-legal e-bikes or e-scooters. The stakes are practical, not technical. An illegal device can be ticketed or confiscated, and a crash can create insurance and liability problems. If the specs are over 750 watts or above the legal speed cap, assume it is not a legal e-bike until proven otherwise.

Q: Why are some “e-scooters” legally motorcycles in New York, and who pays when a mislabeled device causes a serious crash?

Some “e-scooters” are legally motorcycles or mopeds in New York because the law classifies them by what they can do, not what sellers call them. A legal e-scooter generally must be a standing device with handlebars, weigh under 100 pounds, and be incapable of more than 20 mph on motor power alone; in New York City, riders also may not operate one above 15 mph. If a device is faster, more powerful, or built like a seated road vehicle, it can fall outside the e-scooter definition and be treated instead as a limited-use motorcycle or motorcycle. The same is true for “e-bikes” that exceed 750 watts or the class speed limits. Who pays after a serious crash depends heavily on that classification. If the device is legally a moped or motorcycle, the owner and rider may be required to have DMV registration, a driver’s license, and, in many cases, liability insurance. If they do not, victims can face a harder path to recovery because there may be no valid insurance policy to claim against. In that case, payment may have to come from the at-fault rider personally, from another involved motorist’s insurer if a car contributed, or from the seller or manufacturer if mislabeling or a product defect played a role. That is why Attorney General Letitia James’s warning matters: mislabeling can leave buyers unaware they are riding an uninsured motor vehicle, exposing both riders and pedestrians to major medical and legal costs after a crash.

2 articles · Updated · Streetsblog New York City · Jul 31

Friday’s statewide alert warns that vehicles sold as e-bikes or e-scooters are illegal in New York if they exceed state speed or power limits.
Two recent deaths drove the move: a teenager died Wednesday riding an illegal Deepower e-moto on Centre Street, after a fatal May 28 Queensboro Bridge crash involving an illegal e-scooter.
New York caps legal e-bikes at under 750 watts and generally at 20 mph statewide, with Class 3 bikes allowed up to 25 mph only in New York City.
James urged consumers to report sellers to her office, while safety advocates said the alert could curb misleading sales that leave buyers unaware they are purchasing unlicensed vehicles.