Search online and you’ll find “e-bikes” with 3,000-watt motors, motorcycle-style frames and pedals that barely turn. Surron-style machines are the usual example. Some have no pedals at all.
They’re often sold to parents as bikes. A mom is far more likely to buy a 14-year-old an “e-bike” than an “electric motorcycle,” and the labels know it.
The short answer: an e-bike is a pedal bicycle with a motor rated at 750 watts or less that fits Class 1, 2 or 3. An e-moto goes past that in power or speed. States are redrawing the line fast, and I covered one side of it in our California e-bike laws guide.
One catch up front. Staying under 750 watts and inside a class doesn’t guarantee e-bike treatment everywhere. New Jersey regulates nearly all of them.
Where the line sits
What is the main difference between an electric bike and an electric motorbike?
Power, speed and how much the pedals matter. A true e-bike keeps the motor at 750 watts or under and stops assisting at a set speed. An e-moto blows past those limits, and many lean on a throttle with token pedals.
| Type | Motor assist | Assist stops at | Power limit |
|---|---|---|---|
| Class 1 | Only while pedaling | 20 mph | 750 W |
| Class 2 | Pedals or throttle | 20 mph | 750 W |
| Class 3 | Only while pedaling | 28 mph | 750 W |
| E-moto | Often throttle-driven | Can top 28 mph | Above 750 W |
Many of the e-motos behind the headlines are rated at 3,000 watts or more. That’s four times the e-bike ceiling.
If you need a refresher on the classes, start with our guide to Class 1, 2 and 3 e-bikes.
Is a Class 3 an e-bike or an e-moto?
It’s an e-bike. Washington’s new law caps motor-only speed at 20 mph. A Class 3 only passes that with your legs adding to the motor, so it stays on the e-bike side. The lack of a throttle is what keeps it there.
The catch: one motor, several power numbers
The 750-watt rule gets murky because makers quote power differently. Specialized rates its new 3.1 S-Works motors at 850 watts and the non-S-Works versions at 810. Aventon’s Ultro X drive unit claims 850 watts in boost mode. Avinox’s M2S can produce roughly double the three-class figure.
Those are mainstream bikes, not Surrons, and on paper they sit above the 750-watt line. That’s the gap the new laws are poking at. If California’s SB 1167 passes, Specialized may not be able to call a Turbo Levo an “e-bike.”
Many of these motors can be turned down in software. Avinox lets owners adjust power and torque, which makes it easy to fit a bike into Class 1. Washington’s SB 6110 saw that move coming. It says a vehicle designed or intended to be easily configured out of e-bike requirements, by a switch, a software setting or an app, isn’t an e-bike.
A bike whose power settings change from the e-bike display could land on the wrong side of that wording. I’d watch how it plays out before buying a bike that advertises a big number.
California has its own wrinkle. Early drafts of the bill referred to “continuous rated mechanical power.” The final text says a motor that “does not exceed 750 watts of power,” which is close to the federal definition. Some read that as peak power, which would catch more motors. Others just see an unclear limit.
How the states are drawing it
New Jersey is the one that affects ordinary e-bikes. Gov. Phil Murphy signed the law on January 19, 2026. Essentially any bike with an electric motor needs registration and a licensed rider, who must carry both while riding. Riders 17 and older can use a standard driver’s license. Fifteen- and 16-year-olds need a permit with written and riding tests. Anyone under 15 can’t ride, and that includes Class 1 eMTBs.
The law also reworks the categories. Class 1 stays about the same, Classes 2 and 3 are lumped together, and a third category covers pedal vehicles over 750 watts that can top 28 mph. It came after two teenagers died. PeopleForBikes called it heavy-handed, because most of the crashes involved e-motos like Surrons, not Class 1 bikes. Trail managers and police say the same.
Washington and California go after the label instead. Washington acted on June 11, 2026 with SB 6110. It keeps the three classes and the 750-watt cap, and anything above is an “electric motorcycle” that needs a license, registration and insurance. Riders without them risk citations or impoundment.
California’s SB 1167, proposed by Sen. Catherine Blakespear, would bar makers and retailers from calling products over 750 watts an “e-bike” or “electric bicycle.” You could still buy an e-moto. On the street it would need a license, registration and insurance.
If you already own one, or a teen wants one
If the bike has a 3,000-watt motor and pedals for decoration, I’d treat it as a motorcycle. In California and Washington that means a license, registration and insurance for street use.
Here’s what I’d do before the next ride:
- Read your state’s rules for motorcycles and electric motorcycles, or call the DMV.
- Ask your insurer whether the bike is covered. Don’t assume a bike policy is enough.
- Don’t assume trails and paths posted for e-bikes apply to it. They were written with Class 1 to 3 bikes in mind.
- Don’t count on a software power cut to fix the label. Washington’s wording targets exactly that.
How to tell before you buy
- Find the motor’s rated power on the spec sheet. If you only see a peak or “boost” figure, ask the seller for the rated number. A maker that posts rated watts, class and top assisted speed plainly is a safer bet, and our list of e-bike brands worth trusting is a decent filter.
- Look for a class label and the speed where assist cuts out.
- See whether power settings can be changed from the display or an app, and what the top setting does.
- Check your state’s rule, since the line is moving fast.
Gear changes with the machine. A proper e-bike helmet covers Class 1 to 3 riding. At e-moto speeds I’d look at motorcycle gear and stronger e-bike braking systems or better.
My rule is simple: if I wouldn’t pedal it home on a dead battery, I’d treat it as a motorcycle.
Photo: 37 W54 Green Power SUV electric bike jeh by Jim.henderson, Public domain, via Wikimedia Commons. Cropped.
