By Rayan Makarem, BikeWalkKC Director of Policy and Advocacy
This past weekend, driving back home through Johnson County, I encountered multiple instances of kids riding electric cycles through the streets, sharing lanes with cars, and in one unfortunate instance for my parents' brain, performing a wheelie.
The good news: all the kids were wearing helmets.
The bad news: it was apparent that the devices they were using were not meant for younger riders and they were e-motos, not e-bikes.
E-bike or E-moto?
It has become the talk of the county and our greater metro area that we need to address e-bikes, and regulate for the purposes of safety. However, we must emphasize that e-bikes are not the problem, rather the marketing of e-motos as e-bikes.
Olathe was the most recent city in Johnson County to update its municipal code for e-bikes. The regulations properly define the 3 classes of e-bikes, introduce a helmet requirement for riders under the age of 18, and bundle other electric mobility devices such as scooters and skateboards into a micromobility category separate from the e-bikes.
The updated regulation implies that any electric device that does not fall into the 3 categories is subject to a different set of rules, and is considered an e-moto. There are currently no federal regulations that define and regulate e-motos, leaving the burden to local governments to work out the definitions and the rules. Legislation has been introduced to address this issue, but is yet to be passed into law.

This chart compares the three classes of e-bikes with more powerful and unregulated e-motos. Credit: BikePGH
Until such time, the lack of federal regulation has allowed manufacturers and retailers to falsely advertise e-motos as safe for younger kids, and the attempt to address that by requiring labels on e-bikes may be hard to enforce on the manufacturers themselves. However, it may serve as an impetus for end-users and consumers to be more aware when purchasing their devices.
A patchwork of inconsistent legislation
Another complication with these new rules is the varied legal landscape for different jurisdictions in Johnson County. Each municipality has different rules, highlighted in a new compilation produced by the Mid-America Regional Council, which reviewed codes in the metro area, highlights the need to properly differentiate between e-bikes and e-motos, and encourages educational efforts as the best short-term intervention to improve e-bike safety.

Map of how city codes define electric-assisted bicycles in terms of the three-class system. Credit: MARC
Notably, this figure included in the report shows the difference in how each city code defines electric-assisted bicycles under the 3-class system. A good starting point would be to ensure each city code is updated to ensure all 3 classes of e-bikes are allowed and “protected” on our streets, both from e-motos and regulations blocking their use.
You can make your streets safer for everyone
Government and community advocates are working together to reach a sensible consensus that ensures the safety of our streets, and allows non-car users to have choices when it comes to mobility. It is our goal at BikeWalkKC to make sure these efforts bear fruit and Johnson County, along with our overall metropolitan area, protects e-bike and e-mobility users with legislation, education, and infrastructure.

Here are three ways you can ask for consistent, fair, and safe e-bike rules in your city:
- Tell your councilperson about the difference between e-motos and e-bikes,
- Tell your public works department that bike lanes and trails are important to you and your family
- Ask your school district to consider e-bike safety rules that encourage kids to bike to school instead of punishing them.
Reach out to us if you want some support in finding the right person to contact or need some help crafting your message: policy@bikewalkkc.org
Keep learning! Read BikeWalkKC’s recommendations for Creating a Safer Environment for E-Bikes and Scooters, explore e-bike laws in the KC metro with MARC’s report, E-Mobility Devices in the Kansas City Metro, and get the nitty-gritty on e-bikes with Bike PGH’s E-Bike Guide.
