On May 1, 2024, Utah took a significant step in regulating electric vehicles with the implementation of House Bill HB 85, which was signed into law on March 21, 2024.
This pioneering legislation makes Utah the first state in the nation to comprehensively address concerns surrounding electric bicycles, especially with regard to multiple-mode electric bikes and out-of-class electric vehicles (OCEVs). The bill brings much-needed clarity and regulation to this rapidly growing sector of the transportation market.
Defining Multiple-Mode Electric Bicycles and OCEVs
One of the key components of HB 85 is its official definition of multiple-mode electric bicycles, which are capable of switching between the three established e-bike classes.
This new category of e-bike recognizes advancements in technology that allow riders to toggle between modes based on their needs or the terrain.
Jeff Stenquist, one of the bill's sponsors, emphasized that the growing complexity of electric vehicles necessitated a regulatory framework.
During the 2024 Bicycle Leadership Conference, Stenquist discussed how Utah worked with organizations like PeopleForBikes to address these issues proactively.
PeopleForBikes Policy Counsel Matt Moore praised the bill, noting that it directly addresses the growing presence of electric vehicles that exceed traditional e-bike power and speed limitations.
The bill establishes a clear distinction between standard e-bikes and out-of-class electric vehicles, which often have capabilities beyond those of a standard low-speed e-bike.
Positive Impact on Industry and Consumers
For both the bicycle industry and consumers, the passage of HB 85 is a welcome development. This law is the first to define multiple-mode e-bikes and their labeling requirements, while also setting stringent standards for OCEVs.
By distinguishing these categories, the law helps legitimize the three-class system of electric bikes and resolves confusion regarding switchable products.
A major focus of the bill is on transparency, requiring sellers to clearly indicate if their products are OCEVs, especially if marketed as “e-bikes.”
This transparency not only helps consumers make informed decisions but also protects the integrity of the e-bike market.
Sellers are now required to inform consumers when a product is not an e-bike, even if it has some similar features. This landmark bill also sets advertising standards for OCEVs, ensuring that these vehicles cannot be falsely marketed as electric bikes.
Labeling Requirements
A significant aspect of HB 85 is its emphasis on proper labeling of electric bikes, particularly multiple-mode models, referred to in the bill as "programmable electric-assisted bicycles."
According to the new law, manufacturers and sellers based in Utah must clearly label e-bikes to indicate which class or classes the bike can operate under. This requirement ensures that consumers understand the full capabilities of their e-bike before purchase.
Utah's law currently applies to Utah-based sellers and manufacturers, but its broader implications are expected to influence national e-bike labeling practices.
PeopleForBikes is also advocating for similar labeling requirements in other states, as uniform labeling helps land managers and consumers differentiate between the various classes of e-bikes.
This differentiation is crucial for land managers determining which trails are accessible to Class 1 electric bikes, which are permitted on many non-motorized trails that allow traditional bicycles.
Truthful Advertising and OCEV Definition
One of the bill's most impactful provisions is its requirement for clear advertising regarding OCEVs. The definition of an electric-assisted bicycle in the bill explicitly excludes vehicles that:
Exceed 20 mph on motor power alone,
Have a motor power of 750 watts or more,
Are equipped with foot pegs instead of pedals,
Or have throttle modes that exceed 20 mph on motor power.
Starting May 1, 2024, any seller of an electric motor vehicle with fewer than four wheels that does not meet the criteria of an electric-assisted bicycle must provide a clear and conspicuous disclosure to consumers. The disclosure must state:
"This vehicle is not an 'electric-assisted bicycle' as defined by Utah Motor Vehicle Code and is instead a type of motor vehicle and subject to applicable motor vehicle laws if used on public roads or public lands. Your insurance policies may not provide coverage for accidents involving the use of this vehicle. To determine if coverage is provided, you should contact your insurance company or agent."
This warning must be included in all sales materials, advertising, and social media posts, and failure to do so constitutes deceptive trade practice under Utah law.
The consequences for violating these advertising rules are serious, with fines of up to $2,000 or actual damages, whichever is greater, and legal action can be pursued by the state or consumers.
Conclusion
Utah’s House Bill HB 85 is a significant legislative step for regulating electric bicycles and addressing the challenges posed by OCEVs.
By establishing clear definitions and labeling requirements for multiple-mode e-bikes and ensuring truthful advertising for OCEVs, this law strengthens consumer protection and brings much-needed clarity to the evolving electric bike industry.
The rest of the nation will likely watch closely as Utah sets the standard for electric bike regulation and safety.