E-Bikes

What is considered an E-Bike in Arizona?
An E-Bike is a bicycle with fully operable pedals that is equipped with an electric motor no larger than 750 watts. An E-Bike has a top motor-assisted speed of 28mph or less. Some E-Bikes require the rider to be pedaling the bike for the motor to assist, however some do not. (ARS 28-101(10),ARS 28-101(28).)

What is the difference between a Class 1, 2, and 3 E-Bike?
A Class 1 E-Bike is pedal assist only and has a top motor-assisted speed of 20mph. A Class 2 E-Bike offers both throttle and pedal assist with the same top speed of 20mph. A Class 3 E-Bike is pedal assist only but has a higher top speed of 28mph. Some E-Bikes are “multi-mode”, meaning they can switch between Class 2 and Class 3. (ARS 28-101(28)(a-c))

How are Electric Scooters Miniature E-Scooters defined in Arizona?
Electric stand-up scooters have their own classification, separate from bicycles or motorcycles. They are required to have a floorboard upon which the rider may stand, a top speed of 25mph or less (15 in Mesa), and a maximum weight of 75 pounds or less. An electric stand-up scooter may be equipped with a seat, but must have a floorboard upon which the rider can stand. (ARS 28-101(31)). A miniature electric scooter is an electric scooter with the same requirements as an electric stand-up scooter except that it has a maximum weight of 30 pounds and a maximum speed of 10mph. (ARS 28-101(29))

How old do I need to be to ride an E-Bike or E-Scooter?
In Mesa, a rider must be at least 16 years of age to ride any type of E-Bike or E-Scooter on public right of ways. (MCC 10-1-20)

Do I need a driver’s license to ride an E-Bike or E-Scooter?
No, with some exceptions, E-Bikes and E-Scooters are subject to all of the same rights as bicyclists and do not require registration, insurance, or a driver’s license. (ARS 28-819(A).)

What if I have an E-Bike that has working pedals but goes faster than 28mph?
Any two wheeled vehicle (with or without pedals) that can go faster than 28 mph is classified as a motorcycle, or motor driven cycle, under Arizona law. Therefore, if a motorized cycle exceeds the maximum limits of speed or power it is a motorcycle or motor driven cycle. (ARS 28-101(28)(a-c), ARS 28-101(46), ARS 28-101(31), ARS 28-101(37),ARS 28-101(38), ARS 28-2516)

What if I modified my e-bike to make it go faster than 28mph?
Any e-bike that has been modified to exceed its original limit will be classified under its modified speed/power limit. For example, a Class 3 e-bike that has been modified to exceed 28 mph using the throttle will be classified as a motorcycle or motor driven cycle.

What if my electric scooter goes faster than 25 mph?
Any electric scooter that is capable of exceeding 25mph OR weighs more than 75 pounds is Classified as a motorcycle under Arizona law. (ARS 28-101(48)

What is considered a Motorcycle in Arizona?
A motorcycle in Arizona is any motorized machine with a maximum of 3 wheels in contact with the ground that is not otherwise classified as a type of bicycle or scooter. For practical purposes, a motorcycle is any two or three wheeled motorized machine that either:

• lacks operable pedals or a floorboard

  OR

• has a motor larger than 50ccs / 750watts

  OR

• is capable of exceeding 28mph (25 for scooters) under motorized power

The following are all legally categorized as motorcycles or motor driven cycles and are subject to applicable laws regarding licensing, registration and insurance:

• All Surrons, Talarias, and similar electric dirt bikes
• Many electric scooters marketed as “long range” or “offroad”
• Dirt bikes, mini-bikes, pocket bikes, and similar machines

(ARS 28-101(46), ARS 28-101(31), ARS 28-101(37), ARS 28-101(38))

What is the difference between a Motorcycle and a Motor Driven Cycle?
The difference between a motorcycle and a motor driven cycle is horsepower.    A motorcycle with less than 5 horsepower or 3.7 kilowatts, but greater than 1 horsepower 750 watts, is considered a motor driven cycle. (ARS 28-101(48).)

Do I need to have a Motorcycle license to ride a Motor Driven Cycle?
Yes, under Arizona law, motor driven cycles require a driver’s license with a motorcycle endorsement (Class M).  Additionally, motor vehicle registration and insurance are required in order to be ridden on public roads. (ARS 28-3101(6), ARS 28-2153(A), ARS 28-4135(A).)

Why are Motor Driven Cycles defined differently than Motorcycles in Arizona law, if the requirements are the same?
Motor-driven cycles are typically prohibited from certain high-speed roadways (such as freeways) in Arizona, whereas motorcycles are not. (ARS 28-733)

What about gas-powered Scooters like Mopeds?
Gas powered scooters are treated as motor-driven cycles under Arizona state law and are subject to the same licensing, registration, and insurance requirements. (ARS 28-101(48).)

Where do Motorized Gas-Powered Bicycles fit into this? 
A motorized Gas-Powered Bicycle (MGPB) is similar to an E-Bike, with the main difference being that it is gasoline powered and not electric.  A MGPB is still required to have fully operable pedals, has a maximum engine displacement of 48ccs and a maximum assisted speed of 20mph. MGPBs do not require a motorcycle or driver’s license and generally have the same rights as regular bicycles, however in Mesa they are prohibited from being used on multi-use paths. MGPBs do not require registration or insurance. (ARS 28-2516)

Where can I ride a E-Scooter?
E-Scooters are permitted on roadways, designated bike lanes, and sidewalks unless otherwise posted. However, they must be ridden with due regard for the safety of others present. (ARS 28-819)

Where can I ride a motorcycle or motor-driven cycle?
In public spaces, motorcycles and motor-driven cycles may only be operated on the roadway. They are not permitted in bike lanes, parks, sidewalks, or shared use paths. (ARS 28-904, ARS 28-815(D), MCC 6-10-4(H))

Where can I ride a one-wheel?
One wheels have the same rights and responsibilities as pedestrians but may be prohibited on private property or where otherwise posted or explicitly stated. (ARS 28-9089(A))

What happens if I ride a motorcycle or motor-driven cycle without a driver’s license?
It is against the law to operate any motor vehicle on public roads in Arizona if you have never been issued a valid driver’s license. Motor vehicle includes both motor driven cycles and motorcycles. Operating any motor vehicle in violation of Arizona State law can result in a citation and a 20-day impound (tow) of the vehicle. (ARS 28-3151(A)) (ARS 28-3511(A)(1)(b))

What happens if I ride a motorcycle or motor-driven cycle in parks or on sidewalks?
Operating any vehicle in a location that is prohibited can result in a number of different civil or criminal charges including but not limited to reckless riding, operating a vehicle in a park, driving on the sidewalk, criminal trespass, and criminal damage. (MCC 10-1-21,MCC 6-10-4(H), ARS 28-904, ARS 13-1502, ARS 13-1602)

What about small electric toys like Razor electric dirt bikes?
Small electric dirt bikes like Razors and other related brands were never designed for or intended to be used on public roads where other large vehicles are present. If ridden on public roadways, these machines would be classified as motor-driven cycles under state law and would likely result in citations and/or impoundment unless all of the licensing and registration requirements are met.   

I’m under 16. What CAN I ride on the roadway?
Riders under 16 years of age, and following all applicable traffic laws, can ride motorized gas-powered bicycles (MGPBs), personal assistive mobility devices, motorized skateboards, and human powered machines such as bicycles, scooters, and skateboards.

I’m a parent. Can I get in trouble for my child breaking the law?
Yes, as a parent, if you have motorized machines in your home, it is your responsibility to make sure they are used in a safe and lawful manner. (ARS 13-3613, ARS 28-3474(A))

Why can’t I register my Surron / Talaria?
Most major manufacturers of traditional dirt bikes and other off-road vehicles (Yamaha, Suzuki, etc) comply with Federal laws that govern vehicle manufacturing and safety. This allows them to issue a title to the purchaser, who can then obtain an ‘Off-Highway Vehicle (OHV) Tag’. These requirements include having a standardized vehicle identification number (VIN), a manufacturer certificate of origin (MCO), as well as safety labeling.

Surron, Talaria, and other manufacturers of electric motorcycles and scooters may categorize their products as “E-Bikes” even when Arizona state law defines them as motorcycles or motor driven cycles based on power and speed.  As a result, these "E-bikes" are sold without a title or VIN, making it difficult for the purchaser to comply with Arizona laws requiring proper licensing and registration to operate a motor driven cycle or motorcycle. 

If I can’t register my Surron/Talaria, and I can’t ride it on the road, where can I ride it?
At this time, non-compliant electric motorcycles like Surrons and Talarias are restricted to use only on private property.

Why are the laws so strict?

While the laws may seem restrictive, they exist for a reason. We have seen an increase in traffic incidents resulting in serious injuries.  Many of these involve juveniles operating E-Bikes, motorcycles, and motor driven cycles.

Even if you don’t think you are going very fast, the other cars on the road are. Even a slow speed collision can result in serious injury or death. Understanding and following the laws, along with knowledgeable and defensive riding practices can significantly reduce your chance of being involved in an collision.