Legal Perspective: Is a 40 mph eBike Realistic in the U.S.

Under current laws in most parts of the U.S. and Europe, a 40 mph (≈64 km/h) electric two-wheeler is not recognized as an “electric bicycle.” Instead, it is classified as a motorcycle or moped — meaning it is not outright illegal, but the rider must comply with strict requirements for registration, insurance, and licensing, and its usage is heavily restricted. Most importantly, it can no longer enjoy the infrastructure privileges of bicycles.

United States: “Crossing the Line” in the Three‑Class System

The majority of U.S. states adopt a three‑class e‑bike classification system:

All three classes have a motor power limit of 750W (≈1 horsepower). Any two‑wheeler exceeding 28 mph or 750W is legally no longer an electric bicycle.

Take California as an example: state law explicitly limits pedal‑assist e‑bikes to 28 mph and throttle‑based ones to 20 mph. Yet, as recently as May 2026, platforms like Amazon were still selling products claiming speeds over 40 mph in California, only halting such sales after a series of fatal accidents. California Attorney General Rob Bonta stated plainly: “We have seen a surge in safety incidents on sidewalks, in parks, and on streets.”

It is worth noting that some states are exploring legal pathways for these “grey‑area” vehicles. A bill proposed in Massachusetts in 2026 would establish a four‑tier speed classification: Tier 0 (≤20 mph), Tier 1 (21–30 mph), Tier 2 (31–40 mph), and Tier 3 (>40 mph). Tier 2 and above vehicles would be banned from bike lanes, sidewalks, and shared paths. Illinois has similarly proposed a separate category for “high‑speed” e‑bikes exceeding 28 mph, requiring riders to hold a driver’s license, register the vehicle, and purchase insurance. These moves indicate that lawmakers are confronting reality, but they also mean that 40 mph vehicles will lose all the bicycle‑specific privileges they once enjoyed.

Europe: A Stricter “S‑Pedelec” Threshold

European standards are even more stringent. Under EU regulations, a Pedelec (pedal‑assist electric bicycle) has a motor power limit of 250W and assistance cuts off at 25 km/h (≈15.5 mph); it is treated as a conventional bicycle.

An S‑Pedelec (speed pedelec) can assist up to 45 km/h (≈28 mph) and may have power up to 4,000W, but its legal status becomes that of a L1e‑A or L1e‑B moped, requiring a helmet, a driving licence (class AM), registration, and insurance.

Any vehicle reaching 40 mph (≈64 km/h) is similarly classified as a moped or motorcycle in Europe, and must comply with all the legal requirements applicable to such motor vehicles.

Risk Perspective: Three Major Hazards of a 40 mph eBike

Even if a legal “grey” loophole exists, the physical laws and public safety risks do not disappear. A 40 mph electric two‑wheeler poses three critical risks.

Safety Risk: Injury Power Far Beyond That of a Bicycle

Physics is inescapable. Kinetic energy scales with the square of speed — a vehicle at 40 mph carries four times the impact energy of one at 20 mph. This not only means exponentially greater harm to pedestrians and riders, but also places demands on braking systems, frame strength, and tyre grip that far exceed bicycle design standards.

Real‑life cases are stark: a 13‑year‑old boy in California died after hitting a median strip at about 35 mph on an electric motorcycle; a 14‑year‑old boy performing a “wheelie” on an electric motorcycle struck and injured an 81‑year‑old woman, and his mother now faces involuntary manslaughter charges. Orange County District Attorney Todd Spitzer described these vehicles as “loaded weapons.” Data shows that e‑bike‑related injuries in the U.S. doubled every year between 2017 and 2022.

Legal Risk: Riders May Face Criminal Liability

Riding a 40 mph vehicle that is illegally treated as an “electric bicycle” carries consequences far beyond a simple fine.

• The vehicle may be impounded, and the rider may face charges such as driving without a licence or without insurance.

• In the event of an accident, the rider could bear greater civil and criminal liability for operating an “unregistered motor vehicle.”

• Parents who purchase such vehicles for their minor children may face criminal charges — in California, some have already been charged with involuntary manslaughter.

Infrastructure Conflict: A “Motorcycle” That Doesn’t Belong in Bike Lanes

A 40 mph vehicle traveling alongside conventional bicycles (typically 10–20 mph) creates a huge speed differential, greatly increasing the risk of rear‑end and side‑impact collisions. This is precisely why the Massachusetts bill explicitly bans Tier 2 and above vehicles from bike lanes, sidewalks, and shared paths. When a machine weighing dozens of kilograms and travelling at 64 km/h is placed in infrastructure designed for slow‑moving non‑motorised traffic, it threatens the safety of all users.

Under the current legal frameworks in the U.S. and Europe, a 40 mph electric two‑wheeler is essentially not recognised as an “electric bicycle.” It is either classified as a motorcycle or moped, subject to strict restrictions on registration, insurance, and licensing, or it falls into a legal grey zone where riders may face penalties or even criminal prosecution at any time.

More importantly, even if some “grey” operational space exists legally, the laws of physics and public safety risks do not disappear. Lawmakers are rapidly closing these loopholes, with a clear trend to exclude high‑speed vehicles from bicycle infrastructure. For consumers, before purchasing a “electric bicycle” advertised as reaching 40 mph, one must clearly understand: you are most likely buying a vehicle that is legally a motorcycle — yet it lacks the safety equipment and legal roadworthiness of a motorcycle. And that grey area is quickly shrinking.