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.

An e-bike is further defined as excluding:

• any vehicle capable of exceeding 20mph solely on its electric motor; and
• any vehicle modified or designed to be easily modified to exceed limitations described in current e-bike classifications.

The Department of Licensing (DOL) must convene a work group to study and recommend a 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 electric bicycle safety;
• a representative of a nonprofit organization with expertise in electric bicycles;
• a representative of a statewide association representing parks and recreation; and
• any other representative deemed necessary by DOL.

The work group must address:

• how e-motos should be defined or classified, and if there are any new definitions for or modifications needed to other similarly defined vehicle or mobility types;
• if 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;
• if 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 rules of the road or equipment requirements for e-motos;
• appropriate penalties for deceptive e-bike marketing practices and e-bike tampering;
• if e-bike manufacturers and vendors should provide disclosure statements or notices to consumers regarding the type of vehicle being purchased; and
• any other component deemed necessary by the work group.

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 December 15, 2027.

PRO: The bill focuses on how to define an e-moto and puts them outside of current e-bike classifications. E-motos are scary and more dangerous than e-bikes. E-bike injuries are increasing nationwide, especially among 10 to 13 year olds. E-bikes modified to travel over legal speeds are becoming more accessible, and are practically motorcycles. E-motos create safety risks, are incorrectly labeled and marketed as e-bikes, and unfairly ruin the reputation of legal e-bikes. Many e-motos are operated by teenagers who are not educated in their use. A fish and wildlife survey says e-bike use is more practical for persons with limited mobility and for younger riders. Clear distinctions between e-bikes and e-motos will increase safety for all riders. E-bikes help people commute or run errands for daily activities. E-motos have no maximum speed controls and a limited ability to slow down, which creates different safety and risk concerns compared to e-bikes. Cities prefer an e-moto definition now. Enforcement through the juvenile court system is the only method to prosecute children riding e-motos or e-bikes unlawfully. E-motos do not fit within state law categories. E-bikes flatten hills and make cities more accessible. E-motos are a concern in other states, and have a negative impact on trails and within parks. There needs to be more education among young people regarding e-bikes and e-motos. E-motos are similar in appearance to e-bikes but go as fast as motorcycles.