DELAWARE — E-bikes are becoming more common on Delaware’s roads, sidewalks and trails, leading many to question their legality and safety.
Delaware recently updated its city code to match Ohio law regarding e-bikes. But local bike shop owner Dan Negley said another category of high-powered, dirt-bike-style electric bikes has created growing safety concerns and uncertainty around enforcement.
“They aren’t motorcycles, and they aren’t bikes — what do we do with them?” he said.
Police say riders are still expected to follow standard traffic laws, though enforcement can become more complicated when bikes fall outside Ohio’s existing e-bike classifications.
Here’s a closer look at how Ohio law defines e-bikes, and where some newer electric bikes appear to fall outside those categories.
What are Ohio’s three e-bike classes?
Delaware City Council recently adjusted its city code to reflect the Ohio Revised Code (ORC) that identifies three classes of e-bikes. These rules apply statewide.
The ORC states that if riders are operating any of the three bike classes on a sidewalk, the motor cannot be engaged. If operating on a roadway, all traffic laws apply.
Additionally, the ORC details the following criteria for each class:
| Class 1 | Pedal-assist | Max speed: 20 mph | White light in the front and red light and reflectors in the rear required for operating between sunset and sunrise. | Motor engages only when pedaling |
| Class 2 | Throttle-assist | Max speed: 20 mph | White light in the front and red light and reflectors in the rear required for operating between sunset and sunrise. | Motor engages with and without pedaling |
| Class 3 | Pedal-assist | Max speed: 28 mph | Must be 16 years old, wear a helmet and have a driver’s license. Same policy about lights applies. | Motor engages only when pedaling, and must have a speedometer |
In addition to these rules, city ordinance 373.12 prohibits people from riding e-bikes and bicycles on the Sandusky Street sidewalks between Central Avenue and Spring Street, as well as the William Street sidewalks between Franklin Street and Henry Street.
How are e-bike laws enforced?
Delaware Police Chief Adam Moore said officers enforce e-bike violations much like a traditional traffic stop.
“Similar to other traffic violations in the code such as speeding, not using your turn signal, failing to yield — it’s a minor misdemeanor,” Moore said.
Penalties depend on the rider’s age. Moore said adults can receive a minor misdemeanor citation and fine through municipal court, while juveniles may be referred to juvenile court, where consequences can include fines or traffic safety education programs.
Moore said his department’s enforcement is driven by dangerous behaviors, not whether or not an operator is of age. Officers are more likely to stop riders for unsafe behavior than attempt to determine the exact bike classification or rider’s age from a distance.
By observing another type of violation and pulling an e-bike rider over, Moore said officers then use that opportunity to find out more of the specifics about the bike and the riders’ age.
“We’re really striving for voluntary compliance on this, and I think we’re also looking for some education for parents to understand the rules when they are buying these e-bikes and allowing their kids to ride them,” he said.
“We’re looking for parents’ help in trying to regulate this.”
Aside from pulling riders over, issuing citations or warnings, Moore said officers have impounded e-bikes before and allowed parents to come down and pick the bike up. Officers then use this opportunity to educate parents before returning the bike to them.
“There’s a belief out there that these e-bikes don’t have to follow the regular traffic rules, and they do,” he said.
What about high-powered electric dirt bikes?
There is another type of e-bike that doesn’t fit into the three existing classes, which companies advertise as an off-road only bike, and exists in a legal gray area.
Breakaway Cycling owner Dan Negley said the bikes raising the most concern are high-powered electric dirt bikes that resemble small motorcycles more than traditional bicycles.
One of the best-known manufacturers of those bikes is Surron, a company that produces electric off-road bikes capable of much higher speeds than Ohio’s three recognized e-bike classes.
Negley explained how underage teens are getting their hands on these “Surron-style” e-bikes and modifying them, creating a significant safety risk.
Some of these e-bikes have “unrestricted modes” that can reach 50-60 mph, Negley said, and parents are buying them online for their kids without realizing their power and off-road only parameters.
“These e-bike companies [are selling them] to people who may have property, or may go moto-crossing, off-road dirt biking, and they’re perfect for that application,” he said.
“But, people are buying them for in-town use.”
Negley explained that he doesn’t sell these kinds of bikes in his shop, despite receiving emails from several brands asking him to carry them.
“We don’t want them to get into the hands of someone who’s going to use it illegally and hurt somebody [on a road or sidewalk],” he said.
“There’s money to be made, and they’re good quality bikes, but they effectively are a motorcycle. The whole bicycle industry is looking at these and saying they are between classes. “
He explained there isn’t a proper license for these bikes yet because the same standards for a motorcycle or a dirt bike don’t apply to these e-bikes.
Why are bike shops worried?
Negley said in some cases, people are cutting specific wires or making other modifications to these dirt-bike-styled bikes to make them go even faster.
This results in other pieces of the bike eventually breaking, which Negley said brings people into his shop looking for service.
He said his shop has replaced flat tires or other wheel issues on these bikes, but people often bring in these modified e-bikes with broken brakes.
People often incorrectly assemble the bike at home, or because the rider modifies the bike to go faster, the brakes are faulty, he said.
Breakaway Cycling doesn’t service brakes and other parts on these e-bikes because of uncertainty surrounding liability should the bike owner get into an accident or ride the bike somewhere it shouldn’t be.
Negley said this is a safety issue because while riding his own bike, he sees kids going twice as fast as him and using their feet in place of their broken brakes.
What happens next?
For now, Negley said he hopes law enforcement enforces the existing laws in place more often.
“Every time [the police] see a kid that looks like they’re going over 20 mph, they could pull them over,” Negley said. “If the kid looks like they’re younger than 16, just ask how old they are. [Officers] can ask kids if they are aware of the laws in place.
“In other states, the second offense, the police are confiscating the bike and fining people,” he said. “Multiple offenses, then they’re going after the parents for reckless endangerment.”
The bike shop owner said the bicycle industry is hopeful the federal government takes action against these kinds of e-bikes by limiting overseas importation and developing a fourth class.
“The bike industry is hopeful they’ll come up with a completely different category for anything that goes above 20 mph on a throttle and is for off-road use only,” he said.
“[If this doesn’t happen] the real e-bikes are going to get ostracized and limited. People will say, ‘You can’t ride your e-bike on this bike path,’ because they’re thinking of these unregulated ones even when they see a Class 1, 2 or 3.”
