E-bike Rules and FAQs

FAQs

• What does the new City e-bike law do?
• How are e-bikes defined?
• What are the different classes of e-bikes?
• Why allow all Classes of e-bikes (1, 2, and 3) on City trails?
• Why not just label all e-bikes so they can be distinguished from each other?
• Why is the maximum speed on paved trails set at 20 mph?
• Did the City have a speed limit on trails prior to this new law?
• Where and why might Parks and Recreation set a lower speed limit than 20 mph?
• Does the new law prohibit e-bikes in Open Space or on natural surface trails?
• Why does Albuquerque need a law for e-bikes?
• What is the existing New Mexico State Law for e-bikes?
• What are the current rules for e-bikes on federal lands?
• Why does the City law differentiate between e-bikes and powered micromobility devices?
• Can I ride a Mobility Device on City trails?
• How will O-24-14 be enforced?
• What are the penalties for bicyclists who violate the Traffic Code?

What does the new City e-bike law do?

• Amends the City of Albuquerque Traffic Code definitions to:
  • Include and define “e-bikes” and “powered micromobility devices”;
  • Regulates operation of e-bikes and powered micromobility devices on paved and unpaved shared use paths (trails);
    • Explicitly allows Class 1, 2, and 3 e-bikes and powered micromobility devices on all paved trails, unless prohibited by the City with a posted sign.
    • Allows Class 1, 2, and 3 e-bikes on paved and unpaved trails located within City Open Space Lands unless prohibited.
    • Prohibits Class 1, 2, and 3 e-bikes and powered micromobility devices on Open Space trails, areas, lands, racecourse, paths, or roads that have shared use agreements or co-management responsibilities without permission and must have a posted sign allowing them.
  • Set a maximum speed limit on City of Albuquerque trails of 20 mph
    • Allows Parks and Recreation Department to set lower speed limits where appropriate, such in congested areas (e.g. high traffic areas, trailheads, etc.).

How are e-bikes defined?

• E-bikes are defined to match existing state law enacted in 2023 (New Mexico Statues, Chapter 66 Motor Vehicles, Articles 1 and 3).
• "E-bikes" or "electric-assisted bicycle" means a vehicle having two or three wheels, fully operable pedals and an electric motor.
• E-bikes are defined by class (1, 2, and 3) and have an electric motor less than 750 watts.
• "Powered micromobility devices," which includes devices such as e-skateboards, e-scooters, one wheel hover boards, e-skates, etc. are defined by curb weight, top speed, and type of motor.

What are the different classes of e-bikes?

• Electric-assisted bicycles are classified as follows:
  • "Class 1 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour;
  • "Class 2 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that is equipped with a throttle that can provide assistance regardless of whether the rider is pedaling but ceases to provide assistance when the bicycle reaches a speed of twenty miles per hour; and
  • "Class 3 electric-assisted bicycle" means an electric-assisted bicycle equipped with a motor not exceeding seven hundred fifty watts of power that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of twenty-eight miles per hour.

Why allow all Classes of e-bikes (1, 2, and 3) on City trails?

• Allowing some classes of e-bikes on trails, but not others, will be harder for the public to understand and therefore will be harder for riders to comply with the law.
• Class 1, 2, and 3 e-bikes are hard to distinguish from each other, making a prohibition on some classes of e-bikes extremely difficult to enforce.
• Allowing all classes of e-bikes on paved trails, including Class 2 and 3, is the most equitable approach. People purchase more powerful e-bikes for different reasons. Senior citizens or persons with a physical ability challenge, for example, may want the option of more power assistance. E-bike commuters may want additional power in order to go longer distances. Not allowing Class 2 and 3 e-bikes on paved trails unfairly punishes those owners/riders who decided to purchase or ride that product for various reasons and who are willing to obey the posted or maximum speed limit on City trails. Similarly, many vehicles (cars/trucks) are more powerful and can travel at higher speeds than other vehicles, but faster vehicles are not banned from driving on roadways as long as they obey the law.
• Citizen complaints about unreasonable speeds on trails have targeted human powered cyclists and E-bike users without differentiation. Speed is the real issue with bikes, whether they are human-powered or e-bikes.
• Many western states have laws which generally allow Class 3 e-bikes on trails (e.g. California, Oklahoma, Nevada, Utah), and many cities similar to Albuquerque have begun to update their ordinances to permit Class 2 and 3 e-bikes on paved trails.
• Class 3 e-bikes are manufactured with a speedometer allowing operators to accurately assess the speed they are traveling.

Why not just label all e-bikes so they can be distinguished from each other?

• While NM state law requires Class labeling for e-bikes sold and distributed in New Mexico, the National Consumer Product Safety Commission does not require labeling.
• Labels are still unlikely to be large and visible enough to distinguish classes of e-bikes.

Why is the maximum speed on paved trails set at 20 mph?

• Speed is the real issue with bikes, whether they are human-powered or e-bikes.
• Public input collected through surveys, comments, and feedback from Albuquerque trail advisory committees and stakeholder groups confirmed that excessive speed on urban trails was the overarching concern.
• Setting the speed limit at 20 mph encourages all cyclists, including Class 3 e-bikes, from riding at excessive speeds as well a seasoned cyclists contributing to overall safety for all trail users.
• Research from other cities and counties in the United States have set varying speed limits of 15 – 20 mph. Examples of 20 mph speed limits include cities in Arizona, Montana, Wisconsin, Indiana, and Colorado.
• Cities in the mountain west who have set speed limits at 15 mph have found that the limits are consistently ignored – this includes radar evidence. Setting a maximum speed limit of 15 mph would immediately cause many riders to violate the law.
• The City may find that some trails or sections of trail will require a lower speed limit. O-14-24 allows the City to set a lower speed limit with a tailored approach to enhance trail safety for all users.
• Regulating speed is the fairest way to equitably enforce and intentionally create behavioral changes that lead to safety for all trail users.

Did the City have a speed limit on trails prior to this new law?

• The City’s Traffic Code, § 8-3-3-16 for bicycle speed, previously set the speed limit as “no person shall operate a bicycle at a speed greater than the lawful speed limit or than is reasonable and prudent under the conditions then existing, whichever is the lesser.”

Where and why might Parks and Recreation set a lower speed limit than 20 mph?

• Trail segments that approach trailheads/parking areas, bridges, or other situations that require increased caution.
• Trails that cater to higher levels of pedestrian or equestrian activity that do not have a shoulder or adjacent crusher fine path.
• Locations with higher rates of collision or danger from crashes via crash reports.
• Narrow trails, e.g. trails built at non-standard widths less than 10 – 14 feet.
• Line of sight issues.

Does the new law prohibit e-bikes in Open Space or on natural surface trails?

• State law prohibits e-bikes on natural surface trails unless a local jurisdiction specifically allows it.
• O-24-14 allows Class 1, 2, and 3 E-bikes to operate on Open Space Trails unless the City has posted signage or an online map prohibiting them. (See map above).
• Areas, trails, paths, lands, roads, and racecourses within Open Space that have shared use agreements or are co-managed require the City to request permission from the underlying landowner. For example, trails that are under shared jurisdiction with the USFS, like in the Foothills or in the Bosque are closed until permission to open is given to the City.
• Powered Micromobility Devices are only allowed on paved trails within Open Space.

Why does Albuquerque need a law for e-bikes?

• The New Mexico legislature enacted an e-bike law in 2023 (New Mexico Statues, Chapter 66 Motor Vehicles, Articles 1 and 3). The state law set basic guidelines for e-bikes across the entire state, but also allowed municipalities to "opt-in" to allow more classes of e-bikes in more places or to be more restrictive on the trails they manage.
• Shortly after the state law became effective, the Greater Albuquerque Active Transportation Committee (GAATC) passed a resolution requesting that Class 2 e-bikes be allowed on paved trails within the City of Albuquerque. NM law only allowed operation of Class 1 e-bikes on paved trails.
• Parks and Recreation had routinely received questions about whether e-bikes were allowed on trails prior to the state law and felt the flexibility in the new law allowed the City to develop rules around e-bikes that would address the needs of trails.

What is the existing New Mexico State Law for e-bikes?

• 2023 legislation took effect on July 1, 2023. (SB 69, codified at New Mexico Statues, Chapter 66, Motor Vehicles, Articles 1 and 3)
• Defines e-bikes at "electric assisted bicycle" by Class 1, Class 2, and Class 3.
• Regulates operation of e-bikes on paved and unpaved trails.
• Allows Class 1 e-bikes on a bicycle or pedestrian path where bicycles are allowed, while also allowing local jurisdictions to prohibit them.
• Prohibits Class 2 and Class 3 on a bicycle or pedestrian path unless the path is within a street or highway or if a political subdivision within the state allows them.
• Prohibits anyone under the age of 16 from riding a Class 3 e-bike unless as a passenger.
• Prohibits e-bikes on natural surface trails that are strictly non-motorized unless as political subdivision of the state allows them.
• Requires all Class 3 e-bikes to have a speedometer.
• Requests e-bikes that are sold or distributed in New Mexico to be affixed with a label stating the class of e-bike and top assisted speed.

What are the current rules for e-bikes on federal lands?

• The City law has no direct effect on federal lands policy. E-bike access is be governed by the policies of each land management agency. Before riding an e-bike on public land, riders should consult the policy of the specific agency that manages the land.
• Five important land management agencies for E-bike use include the National Park Service; the Bureau of Land Management; the Fish and Wildlife Service; and the Bureau of Reclamation. (U.S. Department of the Interior) and the U.S. Forest Service (U.S Department of Agriculture).  These agencies currently prohibit E-bike use on unpaved trails.  The Sandia Ranger District of the Cibola National Forest (which includes Forest Service land in the Sandia Foothills adjacent to City Open Space in the Foothills) currently prohibits e-bikes.

Why does the City law differentiate between e-bikes and powered micromobility devices?

• Powered micromobility technology continues to expand at a rapid rate. By setting standards now, the City is better prepared to manage this class of devices as needed.
• In addition to e-bikes, the market has begun to see many different innovations like e-skateboards, e-scooters, e-skates, e-skis, one wheels, hoverboards, etc.
• The definition for “powered micromobility vehicles or devices” is broad enough to encapsulate this ever-growing technology, while also being specific enough to control for curb weight, speed, and number of riders.
• The curb weight and speed of these devices are important safety considerations when trying to assess the risk involved if a collision were to happen.
• There are existing “E-bikes” and other e-vehicles that exceed 30 mph or weigh over 100 lbs. The definition specifically excludes the most dangerous versions from use on shared use trails.
• The U.S. Consumer Product Safety Commission does not currently regulate many other powered micromobility vehicles, but may start that process in the next couple of years.

Can I ride a Mobility Device on City trails?

• Yes. Mobility devices currently fall under ADA (Americans with Disabilities Act).
• These devices include wheelchairs, powered wheelchairs, and other powered options that assist a person with a physical ability challenge.
• State and local governments and businesses must allow a person with a disability who uses a wheelchair or other manually powered mobility aid into all areas where members of the public are allowed to go.
• A person with a disability who uses a golf cart or other powered option must be allowed to enter businesses and government facilities unless it can be shown that a particular type of device cannot be safely used.
• https://www.ada.gov/topics/mobility-devices/ has more information regarding mobility devices under ADA.

How will O-24-14 be enforced?

• Education is the most important factor of trail use/etiquette, trail safety, and compliance. The Parks and Recreation Department envisions a more robust public education effort regarding appropriate trail use, which would be implemented with community partners.
• The Parks and Recreation Department intends to install a system of speed limit signage throughout the off-street trail system, including near trailheads, at regular intervals along trails, and in special areas (including congested areas). Speed limits will be posted via signs and pavement markings.
• New technologies provide opportunities to monitor speed on trails and inform riders about their speed to encourage compliance and safe riding. Signage with radar and other speed detection technology can be installed along trails, especially in congested areas, that visually request users to slow down.
• APD is responsible for issuing any citation for violation of the Traffic Code. Open Space Conservation Officers and other APD officers will conduct targeted campaigns to educate and enforce.
• Open Space Division has an extensive volunteer corps who can participate in education and safety efforts.

What are the penalties for bicyclists who violate the Traffic Code?

• Various provisions of City Ordinances, including the Traffic Code, apply to bicyclists. For example, under Section 8-3-3-16 (Bicycle Speed), “No person shall operate a bicycle at a speed either greater than the lawful speed limit or than is reasonable and prudent under the conditions then existing, whichever is the lesser.”
• Violations of the City of Albuquerque Traffic Code are a petty misdemeanor. A petty misdemeanor is punishable by a fine of not more than $500 or by imprisonment for not more than 90 days or by both a fine and imprisonment.
• APD officers often issues warnings in order to educate bicyclists about compliance with the Traffic Code. When APD officers must issue citations to bicyclists for minor violations of the Traffic Code—such as for excessive speed, riding on the sidewalk, or failing to obey other traffic laws—those citations typically carry a fine of $100.