Wisconsin eBike Law Summary

Smaug

Moderator
Staff member
Local time
11:48 AM
Joined
Jun 9, 2022
Messages
1,657
Location
SE Wisconsin
I was thinking that a lot of us have researched our state's eBike laws extensively. I have done so for Wisconsin, and I thought I would share what I've learned in concise English. Feel free to copy & paste this post, then adapt the contents of the bullet points to your own state's (or country's) laws.

Wisconsin uses the federal 3 Class system, where:
  • Class 1 is pedal-assist only. Assistance cuts out at 20 mph.
  • Class 2 is pedal-assist or throttle, with assistance for either mode cutting out at 20 mph.
  • Class 3 is throttle up to 20 mph, pedal-assist only up to 28 mph.

Wisconsin laws:

eBikes:
  • Need to be 16+ to operate Class 3
  • Legal for road use, forbidden on interstate expressways and some US highways (like all bicycles)
  • No driver's license required
  • Local DMV doesn't title or register eBikes (would need a VIN)
  • Local ordinances may be more restrictive; you'll have to check by locality
  • If over 28 mph, it may become a Moped. To do, it would need a VIN, so it can be titled and registered. If no VIN, then it is never legal for road use and can only be used offroad. This is why a lot of the high speed "eMopeds" have the off-road-use-only disclaimer.
  • Passengers are not discussed, so two-up is OK!
  • Use on state trails are on a case-by-case basis. Details are here: https://dnr.wisconsin.gov/topic/parks/recreation/biking
Mopeds:
  • Engine is integral to the vehicle. (as opposed to a bolt-on motor to a bicycle)
  • Engine displacement is < 50 cc, if it has an automatic transmission
  • Engine displacement is < 130 cc, if it is a bicycle type, with fully operative (for propulsion) push pedals
  • No passengers allowed
  • Class D (car) driver's license required
  • Needs WI title & plates
  • Not allowed on sidewalks, along fence lines or the untraveled part of the road. (eBikes are)
  • Entitled to a full traffic lane, but may not impede the flow of traffic. (means you have to move over to the edge of the lane to let cars pass if needed)
  • May park in a regular parking space, on sidewalks and bike racks
What I found interesting and noteworthy for Wisconsin:
  • Throttle only operation above 20 mph is illegal for eBikes. We have to at least ghost pedal a Class 3 eBike. It's stupid, but there it is.
  • Mopeds have no speed limits, only displacement limits. So a 2-stroke 49 cc scooter that can go 50 mph is OK and a 130 cc pedal-style moped is OK. (these types of mopeds are both rare and will probably fetch a premium because of how this law was written) On the flipside, they cost more to operate and keep legal; and are higher maintenance than eBikes.
  • There's no mention of whether mopeds have to be insured

Source: https://wisconsindot.gov/Pages/dmv/motorcycles/mc-how-aply/cycle.aspx
 
I was thinking that a lot of us have researched our state's eBike laws extensively. I have done so for Wisconsin, and I thought I would share what I've learned in concise English. Feel free to copy & paste this post, then adapt the contents of the bullet points to your own state's (or country's) laws.

Wisconsin uses the federal 3 Class system, where:
  • Class 1 is pedal-assist only. Assistance cuts out at 20 mph.
  • Class 2 is pedal-assist or throttle, with assistance for either mode cutting out at 20 mph.
  • Class 3 is throttle up to 20 mph, pedal-assist only up to 28 mph.

Wisconsin laws:

eBikes:
  • Need to be 16+ to operate Class 3
  • Legal for road use, forbidden on interstate expressways and some US highways (like all bicycles)
  • No driver's license required
  • Local DMV doesn't title or register eBikes (would need a VIN)
  • Local ordinances may be more restrictive; you'll have to check by locality
  • If over 28 mph, it may become a Moped. To do, it would need a VIN, so it can be titled and registered. If no VIN, then it is never legal for road use and can only be used offroad. This is why a lot of the high speed "eMopeds" have the off-road-use-only disclaimer.
  • Passengers are not discussed, so two-up is OK!
  • Use on state trails are on a case-by-case basis. Details are here: https://dnr.wisconsin.gov/topic/parks/recreation/biking
Mopeds:
  • Engine is integral to the vehicle. (as opposed to a bolt-on motor to a bicycle)
  • Engine displacement is < 50 cc, if it has an automatic transmission
  • Engine displacement is < 130 cc, if it is a bicycle type, with fully operative (for propulsion) push pedals
  • No passengers allowed
  • Class D (car) driver's license required
  • Needs WI title & plates
  • Not allowed on sidewalks, along fence lines or the untraveled part of the road. (eBikes are)
  • Entitled to a full traffic lane, but may not impede the flow of traffic. (means you have to move over to the edge of the lane to let cars pass if needed)
  • May park in a regular parking space, on sidewalks and bike racks
What I found interesting and noteworthy for Wisconsin:
  • Throttle only operation above 20 mph is illegal for eBikes. We have to at least ghost pedal a Class 3 eBike. It's stupid, but there it is.
  • Mopeds have no speed limits, only displacement limits. So a 2-stroke 49 cc scooter that can go 50 mph is OK and a 130 cc pedal-style moped is OK. (these types of mopeds are both rare and will probably fetch a premium because of how this law was written) On the flipside, they cost more to operate and keep legal; and are higher maintenance than eBikes.
  • There's no mention of whether mopeds have to be insured

Source: https://wisconsindot.gov/Pages/dmv/motorcycles/mc-how-aply/cycle.aspx
I would not be surprised to see a vin# on your new Juiced Hyper Scambler. I'm seeing some ebike/emoped manufacturers adding it for another option to legalize the bike.
 
I would not be surprised to see a vin# on your new Juiced Hyper Scambler. I'm seeing some ebike/emoped manufacturers adding it for another option to legalize the bike.
Well, it seems like they have Serial Numbers:

What is traced by serial numbers can vary and may only be decodable by the manufacturer. VINs have a certain specified format and a lot of information contained within. Here's an interesting history on VINs: https://www.motorcycleproject.com/text/VINs.html
 
When i was building ICE bikes (gas engine powered bicycles) i'd often wondered that as well....
Some states/cities/counties townships are different and ask that on a gas powered bicyles to add 2 numbers and 1 letter to the end of the
already there bicycle serial number.

I'd heard from other people that it was more numbers and letters so i dont know how true all that is.

Someone from motoredbikes.com would know though, i think...that is our Sister Forum.
 
What I meant to say is, some ebike/emoped manufacturers I believe are putting a 17digit serial # on some of these ebike/emopeds frames.
Then that opens up the opportunity to title the bike if the owner wants to.
 
When i was building ICE bikes (gas engine powered bicycles) i'd often wondered that as well....
Some states/cities/counties townships are different and ask that on a gas powered bicyles to add 2 numbers and 1 letter to the end of the
already there bicycle serial number.

I'd heard from other people that it was more numbers and letters so i dont know how true all that is.

Someone from motoredbikes.com would know though, i think...that is our Sister Forum.
Retrofit gas engines on bicycles is another loophole here. One can mount a 130cc motor-driven bicycle and go 50, but brakes won't be up to the job...
 
Retrofit gas engines on bicycles is another loophole here. One can mount a 130cc motor-driven bicycle and go 50, but brakes won't be up to the job...
Yeah we got that loophole in Kansas as well. It's worded about the same in my state.
 
Back
Top