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May 12, 2023

West Virginia’s New Law Legalizes Class 2 E-Bike Access

By: Rachel Fussell, eMTB policy + program manager

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Governor Jim Justice signed a bill into law establishing rules and regulations for electric bikes that more closely mimic federal law.

West Virginia Governor Jim Justice signed a bill into law on March 9, 2023, expanding the eligible uses of electric bicycles statewide. House Bill 2062 clarifies the current state law, allows for Class 2 electric bicycle use throughout the state, and eases restrictions on Class 3 e-bike use.

PeopleForBikes believes that electric bicycles are the future of transportation and recreational riding due to their ability to increase communities' health and decrease carbon emissions by replacing trips that would be otherwise taken by car. E-bikes are replacing single vehicle trips, helping people ride their bikes further with more convenience, and making folks happier and healthier in the process.

Before the bill was passed, West Virginia law did not define Class 2 electric bicycles. Instead, only Class 1 (pedal-assist up to 20 mph) and Class 3 (pedal-assist up to 28 mph) were defined. Class 2 electric bicycles use a throttle and can be pedal-assist to propel the bike up to a maximum speed of 20 mph.

Now that Gov. Justice signed the bill into law, Class 1 and Class 2 electric bicycles can now travel on roads and trails in West Virginia where traditional bicycles are allowed and will be given the same rights and privileges of analog bicycles.

According to the bill’s sponsor, Delegate Heather Tully, the intent of the bill is to promote tourism and increase access to public lands, including individuals with disabilities, health issues, or age-related limitations. 

In addition, West Virginia State Parks Chief Bradley Reed told the House Agriculture and Natural Resources Committee, from which the bill advanced in January, that he had never heard a complaint about excessive electric bicycle speed from a park user or customer.

Nationwide, PeopleForBikes’ goal is to clearly define electric bicycles and provide sensible rules for their use. We strive to pass our model three-class legislation in all 50 states to ensure that:

  • Outdated vehicle regulations are updated to reflect technological advances.
  • Low-speed electric bicycles are regulated similarly to traditional bicycles.
  • Consumers and retailers are not confused about their state’s electric bicycle laws.
  • The public is encouraged to take advantage of the benefits that electric bicycles offer.

You can find details on your state’s specific electric bicycle law here. With any questions or for more information, please contact PeopleForBikes’ eMTB Policy and Program Manager Rachel Fussell at

Related Topics:

Electric BikesRecreational Bike Access
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