FINAL BILL REPORT
ESSB 6110
C 159 L 26
Synopsis as Enacted
Brief Description: Addressing electric-assisted bicycles and electric motorcycles.
Sponsors: Senate Committee on Transportation (originally sponsored by Senators Shewmake, Liias, Dhingra and Nobles).
Senate Committee on Transportation
House Committee on Transportation
Background:

An electric-assisted bicycle (e-bike) is defined as a bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric motor must have a power output of no more than 750 watts. An e-bike must satisfy one of the following class requirements:

  • class 1 electric-assisted bicycle—defined as having 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—defined as having a motor that may be used exclusively to propel the bicycle and stops providing assistance when the bicycle reaches a speed of 20 mph; or
  • class 3 electric-assisted bicycle—defined as having 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.

 

By definition, an e-bike is not a motorcycle or motorized foot scooter, and a driver's license or vehicle registration is not required to operate an e-bike.

 

Provisions that apply to a bicycle or bicycle operator typically apply to an e-bike and an e-bike operator, with some exceptions.

 

Class 1 and class 2 e-bikes may be operated on a shared-use path or any part of a highway designated for the use of bicycles, unless restricted or limited or otherwise regulated by local jurisdictions or state agencies.

 

Persons under 16 years of age may not operate a class 3 e-bike. Class 3 e-bikes may not be operated on a sidewalk unless there is no alternative to travel over a sidewalk that is part of a bicycle or pedestrian path or if authorized by the local jurisdiction. Class 3 e-bikes may be operated on facilities that are within or adjacent to a highway, but may not be operated on a shared-use path unless authorized by the local jurisdiction. State agencies or local jurisdictions may regulate the use of class 3 e-bikes on facilities and properties under their jurisdiction and control.

 

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

  • permanently affix a label that contains the classification number, top assisted speed, and motor wattage of the e-bike; and
  • 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 its speed capability without replacing the label, indicating a reclassification of the vehicle.

Summary:

An e-bike is further defined as excluding:

  • any vehicle capable of exceeding 20mph solely on 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, 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) must convene a work group to study and recommend a revised statutory framework for electric motorcycles (e-motos), and may contract with a third-party consultant for work group support and drafting the statutory framework. The work group must include the following members:

  • the secretary of the Washington State Department of Transportation or the secretary's designee;
  • the executive director of the Washington Traffic Safety Commission or the executive director's designee;
  • the chief of the Washington State Patrol or the chief's designee;
  • a representative from the Cooper Jones Active Transportation Safety Council;
  • a representative of the Association of Washington Cities;
  • a representative of the Washington State Association of Counties;
  • a representative of a nonprofit organization specializing in active transportation or e-bike safety;
  • a representative of a nonprofit organization with expertise in e-bikes;
  • a representative of a statewide association representing parks and recreation;
  • a representative of a trails organization that represents nonmotorized users who have encountered motor-powered vehicles on nonmotorized trails;
  • a representative of a nonprofit motorcycle organization or a motorcycle rider;
  • a representative of a tribal government or a tribal government designee;
  • a representative of a statewide organization directly engaged in recreational e-moto use; and
  • any other representative deemed necessary by DOL.

 

The work group must address:

  • how e-motos should be defined or classified, and any new definitions for or modifications needed to other similarly defined vehicle or mobility types;
  • the extent to which e-motos should be subject to annual registration and license fees, and if driver licensing examinations should include an e-bike or e-moto component;
  • the extent to which the operation of an e-moto should be subject to mandatory driver education requirements, driver's license or permit requirements, or a minimum age requirement;
  • appropriate and opportunities for consistent enforcement of rules of the road or equipment requirements for e-motos;
  • 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;
  • exploration of the establishment of civil penalties for adults who provide e-motos to juveniles less than 16 years of age;
  • appropriate penalties for deceptive e-bike marketing practices and e-bike tampering;
  • 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
  • any other study component deemed necessary by the work group.

 

The work group must submit an interim report consisting of recommendations and draft legislation for 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 submit a final report, with recommendations or draft legislation, to the Office of the Governor and transportation committees of the Legislature by October 31, 2027.

Votes on Final Passage:
Final Passage Votes
Senate 42 7
House 91 3 (House amended)
Senate 44 4 (Senate concurred)
Effective:

June 11, 2026

March 23, 2026 - Section 3