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What you should know about Florida e-bike laws

Christian Jageurs, March 6, 2024

Electric bikes are everywhere in Florida. The laws are relatively new and not many people understand them. Here’s what you need to know about Florida’s e-bike laws. There is a three-tier rating system for electric bikes that will apply to your specific situation Law tutoring.

FLORIDA E-BIKE RATINGS
Class 1: An electric bicycle that allows pedal assistance and can travel up to 20 miles per hour (mph)

Class 2: An electric bicycle that has a motor only to generate speed and can travel up to 20 mph

Class 3: an e-bike that allows pedal assistance and can travel up to 28 mph

Any speed over 28 mph is considered a Class E moped. Class E mopeds require a license and registration, and are not covered by e-bike laws.

WHAT ARE THE REQUIREMENTS TO OPERATE AN ELECTRIC BIKE?
Age Requirement: Florida operational requirements for electric bicycles were recently modified. Previously, anyone operating an electric bicycle must have been at least 16 years old. The age restriction that required anyone operating an e-bike to be at least 16 years old was removed. There is no longer any age restriction for electric bicycles.

License and Registration Requirement: Florida does not require an operator of an e-bike to have a driver’s license or registration.

Helmet Requirement: Riders are not required to wear a helmet when operating an electric bicycle in Florida. However, they are highly recommended.

Labeling Requirement: All electric bicycles manufactured on or after January 1, 2021 must have a permanent label attached to the electric bicycle. The label must indicate the classification level of the electric bicycle: Classification 1, 2, or 3. The label must also identify the power of the motor and the maximum speed at which the electric bicycle can travel with the motor. If the electric bicycle is modified in any way, the label must also be modified to reflect the changes to the electric bicycle.

DO I NEED INSURANCE FOR AN ELECTRIC BIKE?
Florida law does not require insurance to operate an electric bicycle.

However, any e-bike rider can purchase ‘uninsured or underinsured’ coverage under their auto insurance policy, as long as it is not considered a motor vehicle. This coverage provides protection in case you are injured if you are hit by a car and the driver does not have sufficient liability coverage. You’ll need to check the language of your policy to double check if your e-bike qualifies.

WHERE CAN I RIDE MY ELECTRIC BIKE?
Electric bicycles must follow the same traffic rules as traditional bicycles. E-bikes are not permitted on sidewalks or other roads that do not allow motorized traffic unless operated without the use of the motor.

The ability to legally ride an e-bike on trails varies considerably, depending on whether the trail is local, state, or federal. State parks allow Class 1 e-bikes on any trail that allows traditional bicycles. Although some state parks may restrict the use of e-bikes for riding on mountain bike trails.

WHAT SHOULD I DO AFTER AN ELECTRIC BIKE ACCIDENT IN FLORIDA?
If you are involved in an electric bike accident in Florida, what you do after the accident will directly affect your ability to recover compensation. This is what you should do:

CONTACT THE POLICE
Notify the police of the accident immediately. They will complete an official police report, which identifies the parties involved, the location, relevant details about the scene, and the vehicles involved. The report will also include any witnesses to the accident. The police will collect evidence and look for any impairments of the people involved in the accident, such as alcohol or drug use, that could be instrumental in your claim. Police officers will listen to the statements and include in the record their conclusion about how the accident occurred. The official police report can be crucial in any personal injury claim.

COLLECT EVIDENCE
If you can, it is always recommended to gather your own evidence.

Take photos of the accident. Make sure the photos clearly show the e-bike, other vehicles, and the surrounding area. Take photos from different angles of the accident site.
Take photographs of your injuries and, when possible, the injuries of any other parties involved.
Get contact information for the other people involved and any witnesses to the accident.

RECEIVE MEDICAL ATTENTION
Get care for your injuries as soon as possible. Go to the hospital or emergency room as soon as possible.
Maintain a file of all medical records, such as hospital discharge documents and medical bills.

Keep a journal of any pain or suffering you experience after the accident. Even if you are not in pain and feel fine, it is always recommended that you be examined by a doctor. Many victims involved in e-bike accidents may initially feel fine or believe they only have a few scrapes and scrapes. However, once the adrenaline from the accident wears off, pain can quickly set in. Keep in mind that even soft tissue injuries can be worth a lot of money.

WHAT HAPPENS IF SOMEONE HAS DIED IN AN ELECTRIC BIKE ACCIDENT IN FLORIDA?
If someone has died in an electric bicycle accident in Florida, the surviving family can file a wrongful death claim . Wrongful death lawsuits provide families with damages related to the death and for their future economic and non-economic suffering. The types of damages that can be recovered vary depending on the situation and require the involvement of an attorney.

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