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Ebike Massachusetts Law 2026: Classes, Helmet Rules & Trails Guide

Sep 28, 2026

On this page

  • Ebike Massachusetts Law 2026
  • Are Class 3 E-Bikes Legal to Ride Like Regular Bicycles in Massachusetts?
  • Do I Need a Driver's License or Registration to Ride a Standard E-Bike in Massachusetts?
  • Is There a Minimum Age Limit to Ride an E-Bike in Massachusetts?
  • Can I Ride My E-Bike on the Sidewalk in Massachusetts?
  • A Comfortable Electric Bike for Massachusetts Riders: Himiway D5 2.0 20"
  • Are E-Bikes Allowed on Paved Bike Paths Like the Minuteman Bikeway?
  • Can I Take an E-Bike on Natural Surface or Unpaved Mountain Biking Trails?
  • Am I Required by Law to Wear a Helmet While Riding an E-Bike in Massachusetts?
  • What Are the Night-Riding Equipment Requirements for E-Bikes in Massachusetts?
  • What Is Governor Healey's Proposed "Ride Safe Act" or Four-Tier Speed Framework?
  • What Is the Status of Bill S.3168 Regarding Class 3 E-Bikes in Massachusetts?

Ebike Massachusetts Law

Ebike Massachusetts Law 2026

Massachusetts classifies and regulates electric bicycles primarily under M.G.L. c. 90 §1 and M.G.L. c. 85 §11B¾, differentiating low-speed e-bikes from mopeds and motor vehicles.

Core Classification and Power Limits

Massachusetts officially recognizes only Class 1 and Class 2 as legal electric bicycles:

Category Definition & Limits Licensing & Registration Status in MA
Class 1 Pedal-assist only (no throttle); motor cuts off at 20 mph; motor ≤ 750 W. No driver's license, RMV registration, or insurance required. Legal standard bicycle status.
Class 2 Throttle-actuated (or pedal assist); motor cuts off at 20 mph; motor ≤ 750 W. No driver's license, RMV registration, or insurance required. Legal standard bicycle status.
Class 3 Pedal-assist up to 28 mph; motor ≤ 750 W. Not classified as a bicycle. Requires a driver's license/permit, annual RMV moped registration sticker, and DOT-certified helmet. Treated as a motorized bicycle (moped) under M.G.L. c. 90 §1B.

Note on Class 3 & Multi-Mode Bikes: Because Massachusetts statute omits the standard 28 mph Class 3 tier from its bicycle definition, any e-bike operating beyond Class 2 limits is legally considered a motorized bicycle. Bikes equipped with hardware throttles or multi-mode software must stay configured within Class 2 limits (maximum 20 mph assisted) to legally avoid motorized bicycle requirements on public ways.

Operating Rules & Road Access

  • Sidewalk Prohibition: Riding any electric bicycle on sidewalks is prohibited statewide under M.G.L. c. 85 §11B¾. Violations carry a fine of up to $20.
  • Roads and Bike Lanes: Class 1 and Class 2 e-bikes may ride on public roadways and designated on-street bike lanes wherever traditional bicycles are allowed, while obeying standard traffic signals and rules of the road.
  • Shared-Use Paths & DCR Trails: Class 1 e-bikes are generally permitted on paved multi-use paths and Department of Conservation and Recreation (DCR) improved trails of appropriate width, such as the Minuteman Bikeway and Cape Cod Rail Trail.
  • Class 2 Path Access: Class 2 e-bikes are restricted on many state-managed shared-use paths and are often restricted to roadways and marked bike lanes. Local municipalities maintain the authority to restrict or allow throttle models on municipal paths.

Age, Helmet, and Equipment Requirements

  • Helmets: Operators and passengers age 16 and under must wear a properly fitted bicycle helmet. Helmets are strongly encouraged for all adult riders and are legally required for all ages on mopeds or motorized bicycles.
  • Age Limits: There is no statewide minimum age for Class 1 or Class 2 e-bikes under current bicycle law, though operators of vehicles falling into the motorized bicycle category must be at least 16 years old.
  • Mandatory Labeling: Manufacturers must affix a permanent label displaying the e-bike's classification tier, top assisted speed, and motor wattage.
  • Lighting: Standard bicycle lighting laws apply: a white front light visible from at least 500 feet and a red rear reflector or rear light visible from at least 600 feet when riding after dusk.

Legislative Horizon: The "Ride Safe Act"

State lawmakers have been advancing comprehensive micromobility updates originating from Governor Healey's Ride Safe Act proposal, which aims to transition Massachusetts to a uniform, speed-tiered system:

  • Tier 0 (≤ 20 mph): Covers human-powered bikes, Class 1, and Class 2 e-bikes.
  • Tier 1 (21–30 mph): Specifically creates a pathway to formally incorporate Class 3 e-bikes into statewide path and lane regulations with age and helmet mandates rather than treating them under existing moped statutes.

Are Class 3 E-Bikes Legal to Ride Like Regular Bicycles in Massachusetts?

Class 3 e-bikes are not legal to ride like regular bicycles in Massachusetts.

Under Massachusetts law (M.G.L. c. 90 § 1), only Class 1 and Class 2 e-bikes—motor assistance cutting off at 20 mph and motors up to 750W—are legally defined as "electric bicycles" and granted the same road and path privileges as standard pedal bicycles. The Commonwealth excluded the Class 3 category (pedal-assist up to 28 mph) from this statute.

How Class 3 E-Bikes Are Treated

Any electric bicycle that provides motor assistance beyond 20 mph falls outside the legal definition of an electric bicycle and defaults into the "Motorized Bicycle" (moped) framework under M.G.L. c. 90 § 1B.

Operating a Class 3 e-bike under this classification triggers motorized vehicle requirements:

  • Licensing & Age: Riders must be at least 16 years old and carry a valid driver's license or learner's permit.
  • Registration: The bike must be registered with the Massachusetts RMV and display a moped decal/plate.
  • Helmets: Operators and passengers must wear a DOT-approved helmet, regardless of age.
  • Speed Restrictions: State law caps the operating speed of a motorized bicycle on public ways at 25 mph.

Where You Cannot Ride a Class 3 E-Bike

  • Shared-Use Paths & Rail Trails: Because motorized bicycles are banned from off-street recreational bike paths and multi-use trails, Class 3 bikes are prohibited on facilities like the Minuteman Bikeway, Cape Cod Rail Trail, or Norwottuck Rail Trail.
  • Sidewalks: Sidewalk riding is strictly prohibited statewide for all motorized bicycles and e-bikes, including Class 1 and Class 2, under M.G.L. c. 85 § 11B¾.

If you own an e-bike capable of 28 mph, many display controllers allow you to configure the top speed down to 20 mph, effectively restricting the bike to Class 1 or Class 2 specifications. However, as long as the bike remains capable of 28 mph assistance, Massachusetts law does not consider it a standard bicycle.

Do I Need a Driver's License or Registration to Ride a Standard E-Bike in Massachusetts?

No, you do not need a driver's license, vehicle registration, or insurance to ride a standard electric bicycle in Massachusetts.

Under Massachusetts law (M.G.L. c. 90 § 1 and c. 85 § 11B¾), standard e-bikes are legally treated the same as traditional bicycles, provided they meet the state's definitions.

What Qualifies as a Standard E-Bike

  • Motor Size: 750 watts or less.
  • Class 1: Pedal-assist only, with motor assistance cutting off at 20 mph.
  • Class 2: Throttle-assisted, with or without pedaling, with motor assistance cutting off at 20 mph.

For both Class 1 and Class 2 e-bikes, there is no minimum rider age and no registration or licensing requirement.

Key Requirements & Restrictions to Keep in Mind

  • Helmets: Riders aged 16 and younger must wear an approved bicycle helmet, just like riders of standard pedal bikes.
  • Sidewalks: Riding an e-bike on sidewalks is prohibited statewide under Massachusetts law.
  • Class 3 E-Bikes (28 mph assist): Massachusetts did not include Class 3 e-bikes in its statutory electric bicycle definition. Any e-bike that assists up to 28 mph or exceeds 750W falls into the motorized bicycle (moped) classification. These require a valid driver's license or permit, RMV registration sticker, a DOT helmet, and an operator age of at least 16.

Is There a Minimum Age Limit to Ride an E-Bike in Massachusetts?

In Massachusetts, whether a minimum age applies depends on the classification of the e-bike:

  • Class 1 & Class 2 E-Bikes: There is no statewide minimum age limit. Under Massachusetts General Laws (M.G.L. c. 90 § 1), compliant Class 1 (pedal-assist up to 20 mph) and Class 2 (throttle-assisted up to 20 mph, motor ≤ 750 W) bikes are regulated essentially the same as traditional bicycles. No driver's license or vehicle registration is required.
  • Bikes Exceeding Class 1/2 Specs (Including Class 3 Speeds): The minimum age is 16 years old. Massachusetts statute does not recognize a standalone "Class 3" e-bike category. Instead, any motorized cycle that provides motor power above 20 mph defaults to the state's motorized bicycle (moped) framework under M.G.L. c. 90 § 1B. The operator must be at least 16, possess a valid driver's license or learner's permit, and wear a DOT-approved helmet.

Additional Age-Related Rules to Note

  • Helmets: Any operator or passenger 16 years of age or younger must wear a properly fitted, approved bicycle helmet on any public way or shared bike path.
  • Sidewalk Riding: Unlike traditional non-electric bicycles, which are permitted on sidewalks outside central business districts unless locally banned, all e-bikes are prohibited from sidewalks under state law (M.G.L. c. 85 § 11B¾), regardless of the rider's age.
  • Local Municipal Rules: Individual municipalities and state parks, such as DCR lands, can set their own trail-specific access and age restrictions for shared-use paths.

Can I Ride My E-Bike on the Sidewalk in Massachusetts?

No, you cannot ride an e-bike on the sidewalk in Massachusetts.

Under Massachusetts General Laws (M.G.L. c. 85, § 11B/11E), regular bicycles are permitted on sidewalks outside of business districts unless local ordinances ban them. However, electric bicycles are explicitly prohibited from being ridden on sidewalks anywhere in the state.

Key Rules for E-Bikes in Massachusetts

  • Sidewalks: You may only use a sidewalk with an e-bike if you dismount and walk the bike as a pedestrian.
  • Roadways & Bike Lanes: Class 1 and Class 2 e-bikes (up to 750W, with motor assistance capped at 20 mph) are treated largely like standard bicycles and are allowed on public roads and in designated bike lanes.
  • Paved Shared-Use Paths: Generally permitted on multi-use paths and rail trails unless a specific city, town, or governing agency, such as the DCR, has posted local restrictions.
  • Natural Surface Trails: Typically prohibited on dirt or mountain biking trails unless explicitly posted as open to e-bikes.

A Comfortable Electric Bike for Massachusetts Riders: Himiway D5 2.0 20"

If you are looking for an electric bike that puts comfort, stability, and everyday practicality first, the Himiway D5 2.0 20" is a strong option to consider. Its compact 20-inch fat tires, step-through frame, and full-suspension design make it especially appealing for commuting, recreational rides, and riders who want easier mounting and better control.

Himiway D5 2.0 20" full suspension fat tire electric bike in Sage, left side view.

For anyone searching for a women electric bike, the low step-through design is a major advantage. It reduces the need to swing a leg over a high top tube, while the smaller wheels help create a lower center of gravity and a more confidence-inspiring riding position. The full suspension also helps smooth out rough pavement, cracks, and uneven roads during longer rides.

The D5 2.0 20" is also worth considering if you are searching for the best electric bike for heavy adults. With a payload capacity of up to 440 lbs, it provides substantially more carrying capability than many conventional commuter e-bikes. Its 750W motor delivers up to 90 Nm of torque, while the 48V 15Ah battery offers up to 70 miles of pedal-assist range under favorable riding conditions.

For Massachusetts riders, remember that where and how an e-bike can legally be operated depends on its configuration and applicable state and local rules. Before riding on public roads, bike lanes, or shared-use paths, make sure your bike is configured to comply with the rules for your intended route.

If comfort, high payload capacity, and an accessible step-through frame matter more to you than a lightweight traditional bicycle feel, the Himiway D5 2.0 20" offers a practical combination for daily riding and weekend trips.

Are E-Bikes Allowed on Paved Bike Paths Like the Minuteman Bikeway?

Class 1 e-bikes are permitted, but throttle-capable and faster models face strict restrictions or bans.

The specific rules depend on the e-bike class, state framework, and governing trail agency.

1. The Rules on the Minuteman Bikeway

The Minuteman Bikeway traverses Cambridge, Arlington, Lexington, and Bedford, with sections managed locally and by the Massachusetts Department of Conservation and Recreation (DCR):

  • Class 1 (Pedal-Assist up to 20 mph, No Throttle): Allowed. Under Massachusetts law (M.G.L. c. 85 § 11B¾) and DCR trail regulations, Class 1 e-bikes are treated like traditional bicycles and are permitted on paved, shared-use paths of appropriate width.
  • Class 2 (Throttle-Assisted up to 20 mph): Restricted / Generally Prohibited. While state law defines Class 2 as a regular electric bicycle on roadways, DCR trail policy specifically restricts Class 2 e-bikes from shared-use paths and rail trails, permitting them only on roadways or roadway bike lanes.
  • Class 3 (Pedal-Assist up to 28 mph) & E-Motos: Prohibited. Massachusetts does not recognize Class 3 within the standard e-bike statute. Bikes exceeding 20 mph motor assistance are classified as motorized bicycles (mopeds), which require licensing and registration and are barred from off-street shared-use paths.

2. General Paved Multi-Use Paths

Across most U.S. states and municipal trail networks, paved multi-use paths generally follow this hierarchy:

E-Bike Category Specs Paved Path Status
Class 1 Pedal-assist only; motor cuts off at 20 mph Permitted on almost all paved multi-use paths.
Class 2 Throttle or pedal; motor cuts off at 20 mph Allowed in most states, but several park agencies, such as MA DCR, restrict throttles on crowded multi-use paths.
Class 3 Pedal-assist up to 28 mph; requires speedometer Prohibited by default on shared-use paths nationwide unless a specific local ordinance allows it.
Out-of-Class / E-Moto Motor over 750W or speed over 28 mph Strictly prohibited; treated as motor vehicles.

Trail Etiquette & Safety Limits

Even where e-bikes are allowed:

  • Speed Limits: Most shared paths enforce an advisory or posted speed limit, typically 15 mph, regardless of what the motor can reach.
  • Pedestrian Priority: Cyclists must yield to pedestrians and give an audible warning, such as a bell or voice, before passing on the left.
  • No Sidewalks: In Massachusetts, e-bikes of any class are prohibited from riding on sidewalks.

Can I Take an E-Bike on Natural Surface or Unpaved Mountain Biking Trails?

No, by default you cannot. Under Massachusetts state law (M.G.L. c. 90, § 1D), electric bicycles are prohibited on natural-surface trails, including singletrack and unpaved mountain biking trails, unless the specific governing agency or municipality has explicitly authorized them.

Key Legal Rules in Massachusetts

  • Default Prohibition on Dirt/Singletrack: While Class 1 and Class 2 e-bikes are legally permitted on paved bike paths and roadways, the state statute treats unpaved, natural-surface trails differently. E-bikes are not allowed unless the trail is clearly posted or officially designated as open to them.
  • Local Authorization Required: A local conservation commission, municipality, or state agency can permit e-bikes on natural trails, but only after public notice and a public hearing. Unless you see signage explicitly welcoming e-bikes, assume they are banned.
  • Department of Conservation and Recreation (DCR) Land: In Massachusetts state parks and reservations managed by the DCR, all e-bikes are generally barred from singletrack and natural-surface trails. Limited exceptions sometimes exist for Class 1 pedal-assist e-bikes on improved, wide multi-use fire roads, typically 8 feet or wider, but narrow mountain bike trails remain restricted to traditional non-motorized bikes.
  • Municipal & Land Trust Forests: Properties managed by regional bodies or organizations like NEMBA (New England Mountain Bike Association) follow strict local land-manager rules. In most town forests and conservation areas, e-bikes are not permitted on shared singletrack due to deed restrictions or motorized vehicle bylaws.

Where Can You Ride an E-MTB in Massachusetts?

  1. OHV/Motorized Trail Systems: State forests with designated Off-Highway Vehicle (OHV) trails, such as portions of October Mountain or Pittsfield State Forest, allow motorized use, though vehicle registration and trail pass requirements may apply.
  2. Private Bike Parks: Commercial downhill or freeride parks, such as Berkshire East, set their own rules and frequently allow Class 1 e-bikes on dedicated tracks.
  3. Paved & Hard-Packed Rail Trails: Long-distance paved corridors, such as the Cape Cod Rail Trail or Norwottuck Rail Trail, permit Class 1 and Class 2 e-bikes unless an individual town along the route has passed a specific local restriction.

Before heading out to a specific trail network, always verify the trail system's status directly through the managing town's conservation commission, DCR property page, or local NEMBA chapter trail listings.

Am I Required by Law to Wear a Helmet While Riding an E-Bike in Massachusetts?

In Massachusetts, whether you are required by law to wear a helmet depends on your age and the classification of your e-bike.

1. Legal Class 1 & Class 2 E-Bikes

Massachusetts legally recognizes Class 1 (pedal-assist up to 20 mph) and Class 2 (throttle-assisted up to 20 mph, motor up to 750W) as electric bicycles. Under M.G.L. c. 85, § 11B:

  • Ages 16 and Younger: Required by law to wear a properly fitted and fastened U.S. CPSC-approved bicycle helmet when operating or riding as a passenger on public roads, bike paths, and public ways.
  • Ages 17 and Older: Not legally required to wear a helmet, though it is strongly recommended.

2. Class 3 & Out-of-Class E-Bikes (28+ mph or Over 750W)

Massachusetts statute currently does not recognize a standard "Class 3" bicycle category.

  • If your e-bike provides motor assistance up to 28 mph, exceeds 750W, or operates above 20 mph on throttle, it defaults under state law to a motorized bicycle (moped) under M.G.L. c. 90, § 1B.
  • For motorized bicycles and mopeds, a helmet is mandatory for all riders and passengers of all ages, along with a driver's license or permit, minimum operator age of 16, registration, and moped plates.

What Are the Night-Riding Equipment Requirements for E-Bikes in Massachusetts?

In Massachusetts, electric bicycles (Class 1 and Class 2) are classified under bicycle traffic laws and must follow the nighttime equipment rules outlined in Massachusetts General Laws Chapter 85, Section 11B.

These requirements apply whenever riding between one-half hour after sunset and one-half hour before sunrise.

1. Front Headlamp

  • White Light: A front-facing lamp emitting white light.
  • Visibility Range: Must be visible from a distance of at least 500 feet.
  • Mounting: Can be attached directly to the e-bike, such as an integrated headlight, or worn by the rider, such as a helmet light. Generator-powered lamps that illuminate only when moving are legally permissible.

2. Rear Lighting & Reflectors

  • Red Light or Reflector: Must have a rear-facing red light or red reflector.
  • Visibility Range: Must be visible from a distance of at least 600 feet in the low beams of motor vehicle headlamps.
  • Note: While a red reflector meets the technical statutory baseline, using an active illuminated red taillight, either steady or flashing, is standard practice and heavily enforced for nighttime visibility.

3. Pedal or Ankle Reflectors

  • Pedal Reflectors: Both pedals must be equipped with reflectors visible from both the front and rear from at least 600 feet.
  • Alternative – Ankle Reflectors: If your e-bike pedals do not accommodate reflectors, such as certain clipless pedals or MTB platform pedals, you are legally required to wear reflective material or bands around your ankles.

4. Side Visibility

  • Side Reflectors or Material: The bicycle must have reflective material or reflectors visible from both the left and right sides.
  • This requirement can be satisfied with spoke reflectors, frame reflector strips, or tires equipped with integrated reflective sidewalls.

Additional Legal & Safety Requirements

  • Helmet Requirements: Massachusetts state law requires all riders and passengers 16 years old and under to wear an approved, properly fitted bicycle helmet.
  • Brakes: The braking system must be sufficient to bring the bike to a complete, dry stop from 15 mph within 30 feet.
  • Legal Liability: Failing to use the required night-riding equipment can lead to a police citation of up to $20 and can impact comparative negligence claims if involved in a motor vehicle collision after dark.

What Is Governor Healey's Proposed "Ride Safe Act" or Four-Tier Speed Framework?

Massachusetts Governor Maura Healey filed the “Ride Safe Act” (formally titled An Act to Enhance the Safe Use of Micromobility Devices, S. 3077).

The bill addresses the rapid rise of e-bikes, e-scooters, and high-powered electric two-wheelers by shifting away from vague vehicle-type definitions. Instead, it introduces a first-in-the-nation, four-tier regulatory framework based on maximum operating speed and power capabilities.

The Proposed Four-Tier Speed Framework

Speed Tier Maximum Speed Capability Typical Devices Where They Can Operate Key Rules & Requirements
Tier 0 Up to 20 mph Standard bicycles, Class 1 e-bikes, Class 2 e-bikes (throttle up to 20 mph), low-speed e-scooters Roads, bike lanes, and shared-use paths, plus sidewalks where local bylaws permit Treated like traditional bicycles; no driver's license, registration, or insurance required. Helmets required for riders under 16.
Tier 1 21 to 30 mph Class 3 e-bikes (pedal assist up to 28 mph), certain faster e-scooters, lower-speed mopeds Allowed in bike lanes and general roadways; prohibited on sidewalks and shared-use paths Minimum operator age of 16; mandatory helmet requirements; subject to statewide roadway rules.
Tier 2 31 to 40 mph High-powered electric mopeds, limited-use electric motorcycles Roadways only; strictly barred from bike paths, bike lanes, and sidewalks Minimum age 16; mandatory helmet; subject to motor vehicle standards, including licensing, registration, and lighting standards.
Tier 3 41+ mph High-speed e-motos, such as Sur-Ron and Talaria, and electric motorbikes Standard motor vehicle roadway lanes only; banned from all bicycle and pedestrian infrastructure Treated strictly as motor vehicles or motorcycles, requiring a driver's license, registration, insurance, and DOT-approved gear.

Core Objectives & Additional Provisions of the Bill

  • Clear Infrastructure Separation: One of the primary goals is protecting vulnerable road users. Vehicles capable of exceeding 20 mph (Tier 1) are banned from sidewalks, while vehicles capable of 31+ mph (Tiers 2 and 3) cannot use bike lanes or recreational paths.
  • Cracking Down on Illegal Tampering: The act introduces penalties for aftermarket modifications and "jailbreaks" that alter lower-tier e-bikes to operate well above factory speed caps without meeting motor vehicle safety requirements.
  • Registry of Motor Vehicles (RMV) Authority: Grants the RMV regulatory power to establish registration, insurance thresholds, or licensing requirements across higher tiers without needing new primary legislation every time new vehicle types emerge.
  • Statewide Standardization vs. Local Patchwork: Replaces conflicting town-by-town bylaws across Massachusetts with a uniform baseline, while still permitting municipalities to adjust local sidewalk and park trail access rules.
  • Data Collection & Enforcement: Provides law enforcement with clear operational definitions and establishes standardized crash-reporting protocols to track micromobility-related injuries accurately.

What Is the Status of Bill S.3168 Regarding Class 3 E-Bikes in Massachusetts?

Bill S.3168 is currently stalled in the Massachusetts Senate Ways and Means Committee.

Current Status & Legislative Timeline

  • Reported Favorably: S.3168 was reported favorably out of committee in July 2026 and referred to Senate Ways and Means to officially establish and integrate a Class 3 electric bicycle definition (pedal-assist up to 28 mph) into Massachusetts General Laws (M.G.L. c. 90 § 1).
  • Session Deadlock: The bill remained in Senate Ways and Means when formal legislative sessions concluded on July 31, 2026.
  • Next Steps: Because formal sessions have adjourned, the bill can now only advance during informal sessions, where legislation requires unanimous consent and a single objection blocks passage.

What This Means Under Current Massachusetts Law

Because S.3168 has not been enacted into law, Massachusetts continues to recognize only Class 1 and Class 2 e-bikes under the 2022 framework (M.G.L. c. 90 § 1 and c. 85 § 11B¾):

Metric Class 1 & Class 2 Out-of-Class / "Class 3" (28 mph)
Statutory Classification Electric bicycle (treated as bicycle) Motorized bicycle (M.G.L. c. 90 § 1B)
Speed / Motor Limit Up to 20 mph; ≤ 750 W Operates above 20 mph up to 28+ mph
Driver's License / Permit Not required Required (valid license or learner's permit)
RMV Registration Not required Required (annual registration sticker / moped plate)
Helmet Rule Required for ages 16 and under Mandatory for all ages (DOT-standard)
Bike Paths & Shared Trails Allowed on paved bikeways unless locally banned Banned from bike paths and multi-use trails

Until S.3168 or an equivalent micromobility bill passes both chambers and is signed by the Governor, any 28 mph pedal-assist bike remains in the "motorized bicycle" category under state law.

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