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E-BIKE LAWS
in New Mexico - 2023

See Fact Sheet for

Senate Bill - 69

See Legislative Proposal for

Senate Bill - 343

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Senate Bill 69: E-BIKE DEFINITION

MEETING NEW MEXICO’S NEEDS for
SAFE, HEALTHY & REWARDING BIKING on ELECTRIC BIKES (E-BIKES)

Regulate e-bikes in New Mexico consistent with federal and 40 other states who've adopted the 3-Class e-Bike Framework.

SB69 eBike Definition

Download 4page PDF Fact Sheet

KEY FACTS ABOUT ELECTRIC BIKES (E-BIKES) - 2023

 

  1. Classified e-bikes with maximum speeds are safest riding on bike paths.
    Class 1 & 2 e-bikes are engineered to not exceed 20mph – within the range of typical intermediate and advanced cyclists on traditional bikes. Therefore, riders with Class-1 & Class-2 e-bikes should be afforded the same rights and safety protections as traditional cyclists on bike paths, E-bikes providing a boost up to 60mph should not.

     

  2. When more people ride bikes (electric and traditional), bicycling grows safer for everyone.
    Studies show that increased number of all bikes on city streets increases the overall safety of all cyclists, pedestrians and motorists by virtue of the “Safety-in-Numbers” effect (countering concerns that an increase of people on e-bikes would produce more crashes.) Most classified e-bikes are engineered to not exceed 20mph. Traditional cyclists average 10-25mph. 

     

  3. Federal and 40 states now regulate class 1 & 2 e-bikes as bicycles – not as motor vehicles.
    The Federal Department of Interior (including National Parks and US Forests) and 40 states, including all of New Mexico’s neighboring states, have adopted the 3-Class eBike Framework legislation that classifies most e-bikes as a bicycle. 

     

  4. E-bike riders experience greater health, environmental and economic benefits than drivers and even traditional bike riders.
    E-biking has multiple public health, environmental and economic benefits. E-bikers can efficiently travel farther than traditional cyclists, while decreasing greenhouse gas emissions and traffic congestion. Studies show e-bike owners ride farther, longer and more frequently than traditional bike owners – for fun, fitness and everyday transportation.

     

  5. Ten states have either passed or are working on legislation to incentivize ebike purchases.
    These pieces of legislation do and will continue to make it easier for more people from all socio-economic levels to replace some or all their car trips for e-bike trips, significantly cutting their carbon output. Incentivizing the use of e-bikes to replace car trips through a consumer tax credit or rebate encourages Americans to transition to greener modes of transportation. 

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E-BIKE ISSUES IN NEW MEXICO PRIOR TO THE PASSING OF SB-69

  1. Previously, the State of New Mexico had no specific laws governing e-bikes.
    In 80% of US states, including all our neighboring states, e-bikes are safely regulated by speed, source of motor power (pedal-assist and/or throttle), age of e-bike operator, and riding infrastructure (trails, paths, streets, roads, highways.)

     

  2. Previously, a 2017 New Mexico Motor Vehicle Department Code considered ALL motorized bicycles – including those being powered up to 60mph – as a bicycle. As such, unclassified motorized bicycles (by battery or gas) were legally ridden on New Mexico's bike trails, multi-use paths and other protected areas alongside traditional cyclists, pedestrians, and other e-biker riding under 20mph.
    This was grossly unsafe for everyone.

     

  3. Local jurisdictions were unsure and/or unable to inform, regulate or enforce their ever-increasing use. E-bikes are built more similarly to standard bikes than mopeds or motorcycles, with class 1&2 e-bikes reaching top speeds of 20mph, similar to the average road cyclist.
     

  4. Differing regulations across state and federal lands cause confusion.
    The federal government and all neighboring states have adopted the 3-class e-bike system.

NEW MEXICO'S STATE REGULATION BY 3-CLASS E-BIKE SYSTEM

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The PeopleForBikes 3-Class eBike System has already been adopted by 47 states, including all of our neighboring states, National Parks & US Forest Lands, per the Department of Interior’s Order 3376:

Class 1: Max 20mph • Pedal Assist Only
Bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the e-bike reaches 20mph. 

Class 2: Max 20mph • Pedal Assist & Throttle
Bicycle equipped with a throttle-actuated motor, that ceases to provide assistance when the
e-bike reaches 20mph

Class 3: Max 28mph • Pedal Assist Only • Must be 16yrs or older to operate.
Bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the e-bike reaches 28mph.

2023 Senate Bill - 343: E-BIKE REBATES

AIMED TO PROVIDE $1200 INSTANT REBATES for

NEW MEXICO'S LOW-INCOME RESIDENTS

for affordable transportation, GHG emissions reduction & improved health benefit.

See 2023 Legislative Propsoal for

Senate Bill - 343

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PLEASE SUPPORT EBIKE SAFETY & REBATES
IN NEW MEXICO!

Hi, I'm Susan Gautsch -

Owner/CEO of Free-to-Roam eBiking.  


In 2020-2021, I started working with NM State Senator Sedillo Lopez who introduced legislation to define most eBikes as a bike rather than a motor-vehicle. While this bill was introduced, it never made it to a hearing.

In 2022, I started working with NM State Senator Jeff Steinborn who recognized how e-bikes could provide tremendously affordable transportation for New Mexico's

low-income residents – not to mention the tremendous health and carbon-reduction benefits as well. 

 

In 2023, SB-69 passed to define e-bikes within the national 3-class framework. 

In 2024, it's likely an e-bike rebate will be available through the state's Electric Vehicle program. 

Stay Tuned...

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PUBLIC BENEFITS OF ENCOURAGING SAFE E-BIKING:

  • Public Health & Wellness -- physical exercise, mental & psycho-emotional health and greater sense of community 

  • Environmental Sustainability -- zero carbon emissions, less cars on road & congestion 

  • Economic Development - attract visitors explore vast and hard-to-reach areas of state

  • Community Engagement -- enable more cyclists of all ages and abilities -- even with socially distancing

  • Community Development -- commuters via bike are more likely to shop & support local 

INDIVIDUAL BENEFITS OF ENCOURAGING SAFE E-BIKING:

  • Personal Health -- same health benefits as cycling, farther riding, even more fun

  • Lifestyle Change -- breaks sedentary lifestyle, encourages more exercise in other aspects of life 

  • Mental Health -- decreased stress and anxiety, better sleep, boosted creativity 

  • Affordable -- cheaper than owning a car, little maintenance & no continued expenditures. 

  • Sustainable -- reducing carbon footprint and promoting a personal sustainable lifestyle 

  • Accessible -- possible for older, injured, or mobility impaired people – even for long distances and up hills

  • Freeing -- naturally enables community with social distancing, longer & farther trips and outdoor fun. 

  • Commuting -- easier to ride uphill, in wind and professional clothes without breaking a sweat like on a traditional bike 

STAY INFORMED • SUPPORT SAFE E-BIKE RIDING IN NEW MEXICO

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