Are E-Bikes Street Legal in Florida?
From everyday commuting to leisurely exploring the outdoors, biking is a popular pastime for many in the Sunshine State. At Fine, Farkash & Parlapiano, P.A., we, too, share this love for biking. Not only are some of us everyday riders, but we are also members of the Gainesville Cycling Club and have taken many vacations on cycling trips.
One popular type of biking in Florida is e-biking, but are e-bikes street legal in Florida? The simple answer is yes, but there are specific electric bike laws and local ordinances that e-bike riders need to follow. We’ll break down everything you need to know about e-bike regulations, where you can ride, and what steps to take if you’re involved in an accident.
What is Classified as an E-Bike?
In Florida, statute 316.003 defines an e-bike as a bicycle or tricycle that has:
- Fully operable pedals
- A seat or saddle for the rider
- An electric motor with less than 750 watts of power
E-bikes are then categorized into three classes that are based on how the motor operates and the bike’s top speed:
- Class 1 Electric Bicycle – a bike with a motor that assists only when the rider is pedaling. Pedal assistance stops when the bike reaches 20 miles per hour (mph).
- Class 2 Electric Bicycle – a bike with a motor that can propel the bike independently of pedaling. Assistance stops once the bike reaches 20 mph.
- Class 3 Electric Bicycle – a bike with a motor that assists only while pedaling and stops providing assistance at 28 mph.
Rules for E-Bike Riders in Florida
Florida statute 316.20655 generally treats e-bike riders the same as traditional bicycle riders as they have the same rights, privileges, and responsibilities. However, there are additional rules specific to e-bikes, including:
- E-bikes must have a permanent label that includes the classification number, top assisted speed, and motor wattage.
- Altering an e-bike to change its motor speed or engagement is illegal unless the label is updated to reflect these modifications.
- All e-bikes must meet the safety standards set by the U.S. Consumer Product Safety Commission.
- The motor must disengage or stop functioning when the rider stops pedaling or applies the brakes.
Do You Need to Wear a Helmet When Riding an E-Bike?
In Florida, statute 316.2068 requires helmets for anyone under the age of 16 who operates or rides an e-bike. Riders under 16 must wear a properly fitted helmet that is securely fastened with a strap and meets nationally recognized safety standards, such as those set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation.
Although not legally required for riders aged 16 and older, wearing a helmet is strongly recommended for everyone. Research published in JAMA Surgery showed that helmet use among e-bike riders declined by almost 6 percent each year between 2017 and 2022. During this period, the number of e-bike riders with head trauma seeking hospital care reached almost 8,000 cases in 2022 alone. Helmets can protect against head injuries and improve rider safety in the event of an accident.
Do You Need a License to Ride an E-Bike?
Under Florida law, you don’t need a license to ride an e-bike. Since e-bikes are legally classified as bicycles, they’re treated the same as traditional bikes when it comes to licensing and registration. Even though a license isn’t required, riders are still expected to follow Florida’s traffic laws and e-bike regulations.
Do You Need Insurance to Ride an E-Bike?
The state law doesn’t require insurance for e-bike riders, but it might be worth considering. If you already have car insurance, you may be able to add uninsured/underinsured motorist (UM) coverage to protect yourself in case you’re hit by a driver who either doesn’t have enough insurance or any insurance at all. This coverage can help pay for medical bills and other injury-related costs if the driver is at fault.
Keep in mind this coverage usually won’t pay for damage to your e-bike. Still, it can give you peace of mind, especially if you regularly ride in busy areas or alongside other motor vehicles. It’s a good idea to talk with your insurance provider to see what options are available.
Where Can You Ride an E-Bike in Florida?
In Florida, e-bikes are allowed in the same places as regular bicycles per statute 316.20655. This means you can ride an e-bike on streets, highways, roadways, shoulders, bike lanes, and multi-use paths.
However, some jurisdictions may have their restrictions. For example, some cities or counties might limit e-bike use on certain trails, state parks, or beaches. These rules can vary depending on the area, so it’s a good idea to check with local authorities before heading out.
What to do After an E-Bike Accident
No one wants to get into an accident, but it can still happen. Here’s what you should do if you’re in an e-bike accident:
- Call the police and report the accident. An officer will record what happened and create an official accident report, which can be used for insurance claims and legal action. If you’re wondering how to get a car accident report in Florida, you can typically request a copy from the local law enforcement agency that responded to the scene. Many departments allow you to request it online or in person, but fees and processing times may vary.
- Take photos of the scene. Document your e-bike, any vehicles involved, road conditions, and your injuries. These images can be used as evidence if you need to prove what happened.
- Collect contact information. Get the names, phone numbers, and insurance details of everyone involved in the accident. Don’t forget to ask witnesses for their contact information as well.
- Get medical attention, even if you don’t feel injured right away. Some injuries, like concussions or internal damage, might not be obvious immediately but can worsen over time. Visiting a doctor can help you make sure you’re properly treated and creates a medical record that may be necessary for your case.
- Reach out to an experienced bike accident lawyer. They can help you handle insurance companies and make sure you get compensation fairly for medical bills, lost wages, or other damages.
Reach Out to Our Bicycle Accident Attorneys Today
While e-bikes are street legal in Florida, an accident involving an e-bike can turn your life upside down in an instant. That’s why it’s important to understand the rules and regulations to ensure you stay safe and protected on the road. If you’ve been hurt in an e-bike accident and aren’t sure what to do next, we’re here to help.
At Fine, Farkash & Parlapiano, P.A., we know how stressful it can be to deal with the aftermath of an accident. Our team is ready to stand by your side and fight for the compensation you deserve. Reach out to us today for a free consultation, and let us help you get back on track.
Sources:
316.003 Definitions. | The Florida State Legislature
316.20655 Electric bicycle regulations. | The Florida State Legislature
316.2068 Electric personal assistive mobility devices; regulations. | The Florida State Legislature
E-bike head trauma soars as helmet use falls, study finds | OPB
Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.