As a lifelong advocate for the bicycle industry, I have seen how legislative "quick fixes" often create lasting damage. In New Jersey, we are currently facing such a moment with Senate Bill 4834 and its companion bill, Assembly 6235.
The impetus for this bill is a tragedy we all feel deeply: the death of a 14-year-old boy in Union County, who was struck while riding a vehicle that, to the media and most people, is just an "e-bike." But the vehicle used here and in most other crashes of this nature was something very different: an electric moped or motorcycle (an "e-moto") that can go well over 30 miles an hour. This crash and others are heartbreaking reminders that road safety is sometimes a matter of life and death. As a father and grandfather I firmly believe that vehicles that can go as fast as 50 mph under motor power are clearly motor vehicles and should not be used on public roads by non-drivers, and especially by children.
In an earnest attempt to prevent future tragedies, the New Jersey legislature is unfortunately pursuing a bill that is fundamentally flawed because it treats all Class 1 and 2 low-speed electric bicycles (bikes that can only go up to 20 mph) as motor vehicles that require a driver's license, vehicle registration and no-fault insurance coverage to operate. S4834/A6235 simply misidentifies the problem by focusing on lower speed electric bicycles that are not creating safety risks and leading to crashes. If it becomes law, this bill will create confusion and financial burdens for consumers and families and will most certainly harm the 300+ bike retailers and rental businesses that form the backbone of New Jersey’s cycling industry and community.
Last week, I was before the Assembly Appropriations Committee in Trenton to speak against this bill as written. I was joined by five other advocates who clearly articulated the structural and economic flaws inherent in this legislation and offered proposed amendments to address those flaws. Despite our efforts, the bill was passed out of committee. While our words did not work there, my hope is that when the bill goes before the full Assembly and Senate this week it will be amended to properly focus on e-motos rather than electric bicycles. We as an industry must take this message directly to the 80 Assembly and 40 Senate members of the New Jersey legislature.
Improving safety is paramount, and we want to work with lawmakers to advance legislation that makes cycling safer for legal, regulated products without destroying an industry. Support for the bill comes from people rightfully concerned by reckless riding of high speed devices by youth, which is a real issue in New Jersey and elsewhere. As someone in the industry, I see the same dangerous behavior. But to solve it, the legislature must focus on the e-moto products that are being advertised, sold to and used by youth. Not electric bicycles.
Here are the different classifications: Under federal law, and the laws of 26 states, a low-speed electric bicycle must have operable pedals, a motor that does not exceed 750 watts, and a maximum motor powered speed of 20 miles per hour. Electric bicycles are already subject to CPSC safety regulations and their use is regulated by state laws, including those of New Jersey. Products that are capable of traveling faster than 20mph when activated by a throttle, are more powerful, or lack operable pedals are not electric bicycles — they are e-motos. This legislation needs to carefully define e-moto products as motor vehicles, restrict their operation to licensed drivers, and most importantly, regulate the advertising and sale of these devices to the public, including online sales.
Low-speed Class 1 and 2 ebikes should not be swept up in a rush to address safety concerns and tragedies involving faster e-motos.
It is estimated that over the past several years 200,000 legal Class 1 and Class 2 e-bikes have been purchased in New Jersey. Many more are used in New Jersey for commuting from neighboring states, and used by tourists from other states and Canada. If this bill becomes law, those legal electric bicycles will overnight become illegal to use in New Jersey without a motor vehicle driver's license. Low-speed Class 1 and 2 ebikes should not be swept up in a rush to address safety concerns and tragedies involving faster e-motos.
I urge consumers, constituents and bike retailers and rental businesses in New Jersey to immediately contact their Assembly and Senate members to educate them on the difference between electric bicycles and e-motos, and urge them to either amend this legislation or vote against its passage.
For the safety of our children, and all New Jerseyians and those who love to visit New Jersey, we must implore the legislature to get this right.
Call to Action:
To find your local representatives and their contact information, visit the official New Jersey legislature search tool here: Find Your Legislator - NJ Legislature
When you call or email, use these key talking points:
- Safety vs. Definition: Class 1 and 2 e-bikes (under 20 mph) are bicycles by federal law. S4834/A6235 incorrectly treats them like motor vehicles. Owners will need a license, and pay for registration and insurance to operate an electric bicycle.
- Economic Impact: NJ has 300+ bike shops and bike rentals. Mandating a driver's license, insurance and registration will take electric bicycles away as an affordable transportation option, and drive customers to buy from out-of-state or online sellers who don't pay NJ taxes.
- Tourism Threat: Cross-border tourists will stop visiting NJ river towns and beaches if their legal electric bicycles suddenly require NJ-specific registration and insurance.
- Target the Right Vehicles: Regulation should focus on "e-motos" and non-compliant imports that exceed 20 mph—products the legitimate bicycle industry does not sell.
- Equity: E-bikes are essential transportation for many workers. Licensing, insurance and registration requirements create financial barriers and pretexts for unnecessary law enforcement stops.
Explain how you believe that S4834/A6235 will be bad for your business, your customers and the public. Let them know we share the goal of safer streets, but we want a seat at the table to advance legislation that regulates what are not electric bicycles while protecting the legal, safe bicycles your customers and communities rely on.
Patrick J. Cunnane is Advisor to Hyper Bicycles, a New Jersey-based company, founder of Stoker Strategies, a consulting business helping business leaders with their businesses. He has decades of experience as a CEO and has been active on trade issues for the past 35 years, including testifying to the USTR on the 301 Tariffs and de minimis. Cunnane works and rides in New Jersey and has a home in Cape May.
