Sellers must clearly label electric mopeds and motorcycles

Commercial sellers and their agents must clearly describe electric mopeds and motorcycles in ads and provide buyers a written disclosure to sign before a sale. This applies to commercial sellers and their agents selling electric mopeds or electric motorcycles, including through online transactions. Ads must state the vehicle’s legal name and category, motor power, and top speed, and include the required warning about motor vehicle laws and possible insurance gaps. The disclosure must include this information. Sellers must keep the signed copy for at least three years. Sellers must give the written disclosure before completing a sale.

Commercial sellers and their agents may not use bicycle terms or electric bicycle class labels to market these vehicles, or advertise that they may be used on public pathways or bike lanes. This applies when commercial sellers or their agents sell, offer for sale, rent, or lease electric mopeds or electric motorcycles. The ban covers terms such as “electric bicycle” and “e-bike,” similar terms, and labels identifying the vehicle as a class 1, 2, or 3 electric bicycle.

Mopeds and tripeds may not be driven on bike lanes, sidewalks, or pathways closed to motor vehicles. These rules apply to people driving mopeds and tripeds. They also may not be driven on interstate or limited access highways, even to cross them, or on an operating railroad’s right-of-way, except to cross it. Drivers must have and carry a motor vehicle operator license. They do not need a motorcycle endorsement.

The state-managed crash website must identify whether a crash involved a pedestrian, bicycle, electric bicycle, moped, or motorcycle. This is a reporting duty for the state-managed crash website. The Department of Safety and Homeland Security decides what de-identified data may be released, but the website must include the listed crash information.