Starting May 1, 2024, Utah State Bill HB 85 will go into effect after being signed into law on March 21, making Utah the first state to proactively address issues posed by certain electric vehicles. The bill includes a definition of multiple-mode electric bicycles and also more clearly defines out-of-class electric vehicles (OCEVs). Multiple-mode electric bicycles are bicycles capable of switching between the three class modes. During PeopleForBikes' 2024 Bicycle Leadership Conference, Utah Representative Jeff Stenquist, one of the sponsors of the bill, discussed this landmark legislation with PeopleForBikes Policy Counsel Matt Moore.
"The recent proliferation of electric vehicles with multiple operational modes, or modes that exceed the power and speed limitations of a low-speed electric bicycle, has led to calls for a regulatory response from land managers and state legislators," said Moore. "PeopleForBikes answered that call by working to pass House Bill 85."
The impact of this bill is positive for both the bicycle industry and consumers. The bill is the first in the nation to define multiple-mode products and their labeling requirements while establishing truthful advertising requirements for OCEVs sold as "e-bikes." This clarification will help legitimize actual electric bicycles that fit into the three-class system while clarifying gray areas around some switchable products. The bill breaks new ground by requiring sellers of vehicles that are not electric bicycles to inform consumers of that fact if they promote their products as "electric bikes" or "e-bikes."
LABELING
Because labeling of electric bicycles is a matter of state law, multiple-mode, electric-assisted bicycles must be labeled accordingly. PeopleForBikes has worked to ensure that labeling is uniform across various states; however, the Utah bill (which refers to multiple-mode electric bicycles as "programmable electric-assisted bicycles") advanced quickly to become law and states:
A Utah-based manufacturer or seller shall ensure that a programmable electric-assisted bicycle is equipped with a conspicuous label indicating the class or classes of electric-assisted bicycle of which the programmable electric-assisted bicycle is capable of operating.
Note that the Utah bill limits the application of the labeling requirement for multiple-mode electric bicycles to "Utah-based" manufacturers and sellers. Utah requires labeling as to "class or classes" and it's not clear whether labeling as to highest class will satisfy this requirement or if all classes must be included on a label.
PeopleForBikes is currently advocating in two other states for labeling requirements for multiple-mode electric bicycles as the highest class they are capable of operating in, and we encourage manufacturers to do the same. Labeling multiple-mode e-bikes in this manner will send a clear message of support for land managers' efforts to allow access for Class 1 electric bicycles on natural surface, non-motorized trails where traditional bicycles are already allowed.
OCEV DEFINITION AND TRUTHFUL ADVERTISING REQUIREMENTS
Additionally, Utah adopted additional language that defines OCEVs and what does not qualify as an electric bicycle. Within the bill, the definition of an "electric assisted bicycle" does not include:
(v) any other vehicle with less than four wheels that is designed, manufactured, intended, or advertised by the seller to have any of the following capabilities or features, or that is modifiable or is modified to have any of the following capabilities or features:
(A) has the ability to attain the speed of 20 miles per hour or greater on motor power alone;
(B) is equipped with a continuous rated motor power of 750 watts or greater; (C) is equipped with foot pegs for the operator at the time of manufacture, or requires installation of a pedal kit to have operable pedals; or
(D) if equipped with multiple operating modes and a throttle, has one or more modes that exceed 20 miles per hour on motor power alone.
Beginning on May 1, when the law goes into effect, any seller of a new or used vehicle that is powered by an electric motor vehicle with less than four wheels (that is not an electric-assisted bicycle) will need to clearly and conspicuously provide the following disclosure to any prospective consumer at the time of sale and in any advertising materials, online website, or social media post promoting the vehicle:
"THIS VEHICLE IS NOT AN "ELECTRIC ASSISTED BICYCLE" AS DEFINED BY UTAH MOTOR VEHICLE CODE AND IS INSTEAD A TYPE OF MOTOR VEHICLE AND SUBJECT TO APPLICABLE MOTOR VEHICLE LAWS IF USED ON PUBLIC ROADS OR PUBLIC LANDS. YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS VEHICLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
Additionally, knowingly advertising or selling an out-of-class electric vehicle as an electric bicycle, electric bike, electric-assisted bicycle, or e-bike without including the disclosure notice constitutes a deceptive trade practice. These requirements apply to all sellers, not just those physically located in Utah, and include online advertising on websites and social media. If a seller falsely advertises a vehicle in violation of this provision, either the state or any person (a consumer, business, or organization) can file a lawsuit against the seller under Utah law. Failing to include the required disclosure allows a court to find that a deceptive trade practice has occurred, without the need for additional evidence. If the court finds the seller engaged in a deceptive trade practice, it can issue an injunction against the practice, award damages of $2,000 or actual damages (whichever is greater) and award attorney fees and costs.
For more information on the bill and its impact, please email PeopleForBikes eMTB Policy and Program Manager Rachel Fussell at rachel@peopleforbikes.org.
