Originally Posted by
bike_tom
So, it's complicated. If you look up Mass laws on mopeds and motorized scooters, you find this:
https://www.mass.gov/info-details/mo...n-requirements
Which says:
- You may use bicycle lanes next to various ways but are excluded from off street recreational paths.
Good, but that defines a moped or scooter based in engine CCs, so doesn't apply to electric bikes.
I found this article on ebikes:
https://www.massbike.org/ebikes
According to the article:
Class 1 and Class 2 electric bicycles are not considered to be "motorized bicycles" as further defined in MA law, as such no license is required to ride them and they're allowed on bikeways and bike paths. However a local jurisdiction may regulate and prohibit their use on bikeways/bike paths, but only after a public notice and public hearing.
What that guy was riding clearly had a throttle, so its not Class 1 or Class 3. And he was exceeding 20mph, so also not Class 2. Does that make it a "motorized bicycle", which brings us back to the moped laws, which don't talk about electric power.
Then I found this:
https://www.mass.gov/info-details/ma...-c85-ss-11b-34.
Section (d) of that bans electric bicycles from natural surfaced paths but not paved ones. Unless, the local municipality imposes such a ban. This is basically what the massbike.org site says.
Question: what laws really apply to something beyond any of the three ebike classes?
I looked it up before my post, and found most of the same information. I didn't closely follow the 2022 update to specifically include class 1 and 2 ebikes, but it looks like they forgot to clarify the "motorized bicycle" (moped, to you and me) category at the same time. As you say, it still references gas power only. However, electric mopeds definitely fell under that category prior to 2022 (we own two of them and got one registered for road use for a while) and that shouldn't have changed just because those new, lower-speed classes were added.
Unfortunately, I think this is a case of someone getting away with it because it would be too dangerous to enforce the law. People ride unregistered ATVs and dirt bikes right past my house in the summer, and get away with it. Can you imagine the cops going after somebody on a trail?