HOUSE BILL REPORT
ESSB 6110
As Reported by House Committee On:
Transportation
Title: An act relating to addressing electric-assisted bicycles and electric motorcycles.
Brief Description: Addressing electric-assisted bicycles and electric motorcycles.
Sponsors: Senate Committee on Transportation (originally sponsored by Senators Shewmake, Liias, Dhingra and Nobles).
Brief History:
Committee Activity:
Transportation: 2/26/26, 3/2/26 [DPA].
Brief Summary of Engrossed Substitute Bill
(As Amended by Committee)
  • Modifies the definition of electric-assisted bicycle (e-bike) to exclude any vehicle capable of exceeding 20 miles per hour on solely its electric motor, and any vehicle 

    designed, manufactured, or intended by the manufacturer or seller to be easily configured to not meet the requirements of an e-bike

    .
  • Establishes a work group to address elements of a possible revised statutory framework for electric motorcycles, including the regulation of driver's licensing, vehicle operations, and equipment requirements, as well as requirements related to marketing practices and information disclosure and establishment of civil infractions and penalties related to use of these vehicles by youth between the ages of 12 and 16.
  • Requires the work group to submit an interim report by December 15, 2026, consisting of recommendations and draft legislation on vehicle definitions, as well as on related registration, driver education and licensing, and rules of the road requirements, and a final report by October 31, 2027, addressing all elements of the scope of work, to the Transportation Committees of the Legislature and the Office of the Governor.
HOUSE COMMITTEE ON TRANSPORTATION
Majority Report: Do pass as amended.Signed by 26 members:Representatives Fey, Chair; Bernbaum, Vice Chair; Donaghy, Vice Chair; Reed, Vice Chair; Barkis, Ranking Minority Member; Low, Assistant Ranking Minority Member; Mendoza, Assistant Ranking Minority Member; Schmidt, Assistant Ranking Minority Member; Bronoske, Duerr, Engell, Entenman, Griffey, Hall, Klicker, Ley, Nance, Orcutt, Paul, Ramel, Richards, Stuebe, Taylor, Timmons, Wylie and Zahn.
Staff: Jennifer Harris (786-7143).
Background:

Vehicle Category Definitions.

 

"Electric-assisted bicycle" (e-bike) means a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor.  The e-bike's electric motor must have a power output of no more than 750 watts and must qualify as one of the following classes of bicycle:

  • "Class 1 electric-assisted bicycle":  has a motor that provides assistance only when the rider is pedaling and stops providing assistance when the bicycle reaches a speed of 20 miles per hour (mph).
  • "Class 2 electric-assisted bicycle":  has a motor that may be used exclusively to propel the bicycle and stops providing assistance when the bicycle reaches a speed of 20 mph.
  • "Class 3 electric-assisted bicycle":  has a motor that provides assistance only when the rider is pedaling and that stops providing assistance when the bicycle reaches a speed of 28 mph, and is equipped with a speedometer.

 

"Motorcycle" means a motor vehicle designed to travel on no more than three wheels (excluding stabilizing conversion kits) on which:

  • the driver rides on a seat or saddle, where the motor vehicle is designed to be steered with a handlebar; or
  • the driver rides on a seat in a partially or completely enclosed seating area that is equipped with safety belts, where the motor vehicle is designed to be steered with a steering wheel.

 

"Motorcycle" excludes an e-bike, as well as a farm tractor, a power wheelchair, an electric personal assistive mobility device, a motorized foot scooter, and a moped.

 

"Moped" means a motorized device designed to travel with not more than three wheels in contact with the ground that has an electric or liquid fuel motor with a cylinder displacement not exceeding 50 cubic centimeters, which produces no more than two gross brake horsepower, and that is capable of propelling the device at not more than 30 mph on level ground.

 

Vehicle and Operator Regulation.

 

A manufacturer or distributor of new e-bikes offered for sale or distribution in the state must:

  1. permanently affix a label that contains the classification number, top assisted speed, and motor wattage; and
  2. comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission.

 

A person is prohibited from tampering with or modifying an e-bike to change the vehicle's speed capability without replacing the label when the change would result in a reclassification of the vehicle.

 

Provisions that apply to a bicycle or rider of a bicycle typically apply to an e-bike and an e-bike rider, except that Class 3 e-bikes may not be operated on sidewalks or shared use paths, and no e-bikes may be operated on trails designated as non-motorized or that have a natural surface.

 

A range of state and federal motor vehicle use and equipment requirements apply to motorcycles and mopeds, including requirements related to helmet use, driver's licensing, vehicle registration, and equipment standards, including for brakes, vehicle lights, and mirrors.
Summary of Amended Bill:

"Electric-assisted bicycle" does not include:

  1. any vehicle capable of exceeding 20 mph on solely its electric motor; or
  2. any vehicle designed, manufactured, or intended by the manufacturer or seller to be easily configured to not meet the requirements of an e-bike, whether by a mechanical switch or button, by changing a setting in software controlling the drive system, by use of an online application, or through other means intended by the manufacturer or seller.

 

The Department of Licensing (DOL) is required to convene a work group to study and recommend a revised statutory framework for electric motorcycles.  The work group must consist of one representative from each of the following:

  • the Washington State Department of Transportation;
  • the Washington Traffic Safety Commission;
  • the Washington State Patrol;
  • the Cooper Jones Active Transportation Safety Council;
  • the Association of Washington Cities;
  • the Washington State Association of Counties;
  • a non-profit organization specializing in active transportation or e-bike safety;
  • a non-profit motorcycle organization or a motorcycle rider;
  • a trails organization that represents non-motorized users who have encountered motor-powered vehicles on non-motorized trails;
  • a non-profit motorcycle organization or a motorcycle rider;
  • a tribal government or a tribal government designee;
  • a statewide organization directly engaged in recreational electric motorcycle use; and
  • a statewide association representing parks and recreation.

 

The work group must also consist of any other representative deemed necessary by the DOL.

 

The work group must address the following components of a new statutory framework for electric motorcycles:

  1. how electric motorcycles should be defined or classified, and any new definitions for or modifications needed to other similarly defined vehicle or mobility types;
  2. the extent to which electric motorcycles should be subject to annual registration and license fees;
  3. if driver licensing exams should include an e-bike or motorcycle component;
  4. the extent to which the operation of an electric motorcycle should be subject to mandatory driver education requirements, or driver's license or permit requirements;
  5. the extent to which the operation of an electric motorcycle should be subject to a minimum age requirement;
  6. appropriate rules of the road or equipment requirements for electric motorcycles;
  7. opportunities for consistent enforcement of electric motorcycle rules of the road and equipment requirements;
  8. exploration of the establishment of civil infractions that may be imposed by local jurisdictions on juveniles between the ages of 12 and 16 that may be adjudicated in courts of limited jurisdiction to avoid impacts on juvenile court operations;
  9. exploration of the establishment of civil penalties for adults who provide electric motorcycles to juveniles less than 16 years of age;
  10. appropriate penalties for deceptive e-bike marketing practices and e-bike tampering;
  11. the extent to which e-bike manufacturers and vendors should provide disclosure statements or notices to consumers regarding the type of vehicle being purchased; and
  12. any other study component deemed necessary by the work group.

 

The work group must submit an interim report consisting of recommendations and draft legislation on vehicle definitions, as well as on related registration, driver education and licensing, and rules of the road requirements, to the Office of the Governor and Transportation Committees of the Legislature by December 15, 2026.  The work group must then submit a final report, including any recommendations or draft legislation, to the Office of the Governor and the Transportation Committees of the Legislature by October 31, 2027.

 

Legislative intent provides that during the time the work group is developing recommendations, the Legislature recognizes that the current definitions of "motorcycle" and "moped" apply to many of the vehicles excluded from the definition of "electric assisted bicycle."
Amended Bill Compared to Engrossed Substitute Bill:

As compared to the engrossed substitute bill, the amended bill expands the exclusion in the definition of "electric-assisted bicycle" to also exclude a vehicle designed, manufactured, or intended by the manufacturer or seller to be easily configured to not meet the requirements of an e-bike.  It expands work group membership to include a representative of:

  • a trails organization that represents non-motorized users;
  • a non-profit motorcycle organization or motorcycle rider;
  • a tribal government or tribal government designee; and
  • a statewide organization directly engaged in recreational electric motorcycle use.


The amended bill expands the scope of the work group's work to include opportunities for consistent enforcement of electric motorcycle rules of the road and equipment requirements, and exploration of the establishment of civil infractions that may be imposed by local jurisdictions on juveniles between the ages of 12 and 16, and civil penalties for adults who provide electric motorcycles to individuals under the age of 16 years old.

 

It requires submission of an interim report by December 15, 2026, with recommendations and draft legislation on vehicle definitions, as well as on related registration, driver education and licensing, and rules of the road requirements; and advances the deadline for submission of the final report from December 15, 2027, to October 31, 2027.  The amended bill also moves up the work group's start date to take effect immediately upon enactment of the bill.


The amended bill incorporates an intent section that the Legislature recognizes that the current definitions of "motorcycle" and "moped" apply to many of the vehicles excluded from the definition of "electric-assisted bicycle."  Finally, it modifies the scope of the work group in some areas to include an assessment of the degree to which certain modifications to current law should be made, rather than whether or not these modifications should be made.
Appropriation: None.
Fiscal Note: Available.
Effective Date of Amended Bill: Section 3 of the bill contains an emergency clause and takes effect immediately. The remainder of the bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:

(In support) There is new technology being used in e-bikes.  Some newer vehicles are operated at very high speeds, traveling at 40 mph or more.  The bill defines what is not an e-bike, but it is premature to apply definitions to these newer vehicles.  

 

E-bikes flatten cities and are good for the environment.  But electric motorcycles are giving e-bikes a bad name.  The manner in which they are being used is dangerous, and there is a need to regulate them, including considering whether helmets or driver licenses should be required to use them.  However, e-bikes should not be swept up in the regulation of electric motorcycles.

 

There is some urgency to the changes needed.  The state should set standards so that municipalities do not inadvertently restrict e-bikes when they are trying to restrict electric motorcycles.  There would be an immediate benefit from defining electric motorcycles now.  

 

Youth are riding these vehicles and putting themselves in danger—defining electric motorcycles would help address this problem.  Parents are purchasing these vehicles without an awareness that they are not e-bikes.  The work group should also explore the possibility of civil infractions for the use of youth operating these vehicles.

 

This bill will help provide an appropriate framework to address the impact of the use of e-bikes on trails, and help provide a plan to educate the public, particularly young people, on these vehicles.

 

A representative from a statewide organization directly involved with recreational electric motorcycles should be added to the work group.  

 

(Opposed) None.
Persons Testifying:

Senator Sharon Shewmake, prime sponsor; Tod Petersen; Neal Black, Kirkland City Councilmember; Lee Lambert, Washington Bikes; Daniel Becker, Deputy Mayor, testifying on behalf of the city of Mercer Island; Jill Meis, Washington Recreation and Park Association (WRPA); Steven Ellis, Association of Washington Cities; and Jesse Cunningham, Evergreen Mountain Bike Alliance.
Persons Signed In To Testify But Not Testifying: None.