New Bike Laws in Indiana

~ Ben Messick

The following laws took effect on July 1, 2019 in Indiana:

Electric Bicycles Defined

§ 9-13-2-26.6 Class 1 Electric Bicycle

“Class 1 electric bicycle” means an electric bicycle equipped with an electric motor that:

  1. provides assistance only when the operator is pedaling; and
  2. ceases to provide assistance to the operator when the electric bicycle reaches a speed of 20 miles per hour.

§ 9-13-2-26.7 Class 2 Electric Bicycle

“Class 2 electric bicycle” means an electric bicycle equipped with an electric motor that:

  1. may be used to exclusively propel the electric bicycle; and
  2. ceases or is unable to provide assistance when the bicycle reaches a speed of 20 miles per hour.

§ 9-13-2-26.8 Class 3 Electric Bicycle

“Class 3 electric bicycle” means an electric bicycle equipped with an electric motor that:

  1. provides assistance only when the operator is pedaling; and
  2. ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.

§ 9-13-2-49.2 Electric Bicycle

“Electric bicycle” means any bicycle that:

  1. is equipped with:
    1. fully operable pedals;
    2. an assistive, electric motor with a power output not greater than 750 watts; and
  2. meets the requirements of a Class 1, Class 2, or Class 3 electric bicycle.

Electric Bicycle Law

§ 9-21-11-13.1 Electric Bicycles

  1. An electric bicycle is not a motor vehicle (as defined in IC 9-13-2-105).
  2. Except as otherwise provided in this section, an operator of an electric bicycle is:
    1. subject to all of the duties; and
    2. entitled to all of the rights and privileges; of a bicycle operator.
  3. Except as otherwise provided in this section, an electric bicycle shall be regulated as a bicycle.
  4. The operator of an electric bicycle is not subject to:
    1. IC 9-24 (driver’s licenses); or
    2. IC 9-25 (financial responsibility).
  5. An electric bicycle is not subject to:
    1. IC 9-17 (certificates of title);
    2. IC 9-18.1 (motor vehicle registration); or
    3. IC 14-16-1 (off-road vehicles).
  6. On and after January 1, 2020, a manufacturer or distributor of an electric bicycle shall affix a permanent and conspicuous label to each electric bicycle. Each label described under this subsection shall prominently display the following information:
    1. The class level of the electric bicycle.
    2. The top assisted speed of the electric bicycle.
    3. The rated wattage of the electric bicycle’s electric motor.
  7. If a modification to an electric bicycle results in any alteration to the:
    1. top assisted speed of the electric bicycle; or
    2. engagement of the electric bicycle’s electric motor; the label described in subsection (f) shall be replaced with a subsequent label that accurately reflects the class level, top assisted speed, and rated wattage of the modified electric bicycle.
  8. All electric bicycles shall comply with the bicycle equipment and manufacturing requirements adopted by the United States Consumer Product Safety Commission (16 CFR 1512).
  9. All electric bicycles shall be equipped with an electric motor that disengages or ceases to provide assistance when the operator:
    1. stops pedaling;
    2. applies brakes.
  10. Subject to subsection (k), and except as provided in subsection (l), an electric bicycle may be operated wherever bicycles are permitted to travel.
  11. The lawful operation of an electric bicycle is subject to the following provisions:
    1. Unless otherwise specified by a statute, rule, or local ordinance, a Class 1 or Class 2 electric bicycle may be operated on any bicycle path or multipurpose path where bicycles are permitted.
    2. A Class 3 electric bicycle may not be operated on a bicycle path or multipurpose path unless one or more of the following conditions apply:
      1. The bicycle path or multipurpose path is within or adjacent to a highway or roadway.
      2. A local authority or state agency with jurisdiction over the bicycle path or multipurpose path authorizes the use of a Class 3 bicycle on the bicycle path or multipurpose path.
    3. A person less than 15 years of age may not operate a Class 3 electric bicycle.
    4. A person less than 15 years of age may ride as a passenger on a Class 3 electric bicycle if the Class 3 electric bicycle is designed to accommodate a passenger.
    5. A properly fitted and fastened bicycle helmet that meets the most recent and applicable standards issued by the United States Consumer Product Safety Commission or the American Society for Testing and Materials must be worn by any person who operates or rides as a passenger on a Class 3 electric bicycle and is less than 18 years of age.
  12. Subsection (k) shall not apply to a path or trail designated as nonmotorized if the following conditions are met:
    1. The bicycle path or trail has a natural surface tread.
    2. The bicycle path or trail was made by clearing and grading the native soil.
    3. No surfacing materials have been added to the bicycle path or trail. A local authority or state agency may regulate the use of electric bicycles or any class of electric bicycle on a bicycle path or trail described under this subsection.

Vehicles Overtaking and Passing Bicycles

§ 9-21-8-5 Overtaking and passing

The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations, exceptions, and special rules stated:

  1. A person who drives a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left of the other vehicle at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
  2. Except when overtaking and passing on the right is permitted, a person who drives an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and may not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.
  3. The operator of a vehicle overtaking a bicycle or electric bicycle shall:
    1. allow at least 3 feet of clearance between the vehicle and the bicycle; and
    2. not return the vehicle to the vehicle’s original lane of travel until the vehicle is safely clear of the bicycle.
  4. The operator of a vehicle may pass a bicycle or electric bicycle traveling in the same direction in a no passing zone when it is safe to do so, if the operator of the overtaking motor vehicle complies with subdivisions (1) and (3).