I was driving in Tarrytown recently and a kid in his early teens zoomed past me on an e-bike going really fast. The way he was riding and weaving through traffic seemed a lot more like he was on a motorcycle. Are underage kids actually allowed to ride e-bikes at high speeds on public roads?

Electric bikes (e-bikes) are everywhere in Austin. Some of them move fast enough that drivers take extra notice, especially when it looks like a middle-schooler is driving. So, what does Texas law actually say about an underage kid (15 or younger) driving fast e-bikes?

The first thing to understand is the distinction between an e-bike and a motorcycle (or a motorcycle that is really pretending to be a bike). The Texas Transportation Code (section 551.107) states that an e-bike must have fully operable pedals and an electric motor that assists the rider. The law also says that the e-bikeโ€™s electric motor must disengage when the rider stops pedaling or when the brakes are applied. So, if it looks like a dirt bike and doesnโ€™t pedal at all, or if the motor is not connected to pedaling, odds are that it would be considered a motorcycle and probably cannot be driven legally on the street.

Texas law divides e-bikes into three classes. Class 1 and Class 2 have a top assisted speed of 20 mph (Texas Transportation Code 664.001). Texas law does not set a statewide minimum age to drive Class 1 or Class 2 e-bikes. Kids can legally ride them, including on public roads, as long as they follow normal traffic rules.

Class 3 e-bikes are the fast ones. Class 3 e-bikes are legally allowed to reach to assisted speeds of up to 28 mph. Operators of a Class 3 e-bike must be at least 15 years old, although there is no age restriction for a passenger riding on a Class 3 e-bike.

Helmets are required for riders of all three classes of e-bikes. E-bikes must follow all normal traffic laws. Reckless driving, regardless of the riderโ€™s age or bike class, can result in traffic citations. Some cities have also passed ordinances that place further restrictions on e-bikes.


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Marrs, Ellis & Hodge LLP, www.mehlaw.com.

The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a nonprofit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.

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