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Statement of Commissioner Mary T. Boyle on Electric Bike Advance Notice of Proposed Rulemaking

March 12, 2024

I am pleased the Commission recently voted unanimously to issue an advance notice of proposed rulemaking (ANPR) to address the risk of injury associated with the mechanical hazards of electric bikes. This is an important step forward in evaluating e-bikes holistically, an effort that extends beyond the vital work the Commission is conducting in a separate rulemaking related to batteries and battery fires across a number of micromobility products, including e-bikes.
Electric bicycles offer real promise for greening our economy, expanding access to cycling, and fostering equity and affordability in transportation. With innovation comes responsibility for safety. That responsibility is heightened for electric bicycles marketed to and used by children.
Data from the agency’s most recent report on micromobility deaths and injuries paints a picture of increasing e-bike injuries and fatalities attributed to collisions, braking, and user control issues. According to the report, there were an estimated 53,200 emergency department e-bike-related visits from 2017-2022. A closer look at the data shows that 3500 visits occurred in 2017, rising to 24,000 in 2022, meaning that 45% of the emergency department visits attributed to e-bikes occurred in 2022. There were also 104 fatalities from 2017 through 2022. By comparison, the previous year’s report, covering 2017 through 2021, showed 53 fatalities, signifying a 94% increase.
While traffic safety is a key part of the equation, the weight, speed, and acceleration of e-bikes, among other issues, undoubtedly play a role. Indeed, a recent New York Times article1 drew attention to these concerns, reporting that of the 30 cyclist fatalities in New York City in 2023, 23 died riding e-bikes; 79 people were severely injured. Most of the fatalities, according to this report, did not involve delivery workers or users of the city’s bike share program. What is more, nearly a third of the e-bike fatalities involved riders who crashed or fell without any involvement from a vehicle or pedestrian, according to the news report.
E-bikes are regulated under the same rules as traditional pedal bikes in terms of structural integrity, assembly, and brakes. Congress gave the Commission authority to issue separate regulations on e-bikes more than two decades ago, but to date, the Commission has not examined the need to adopt separate regulations. This ANPR is an open invitation to the public to provide input.
With the boom in e-bikes, particularly during the pandemic, and the clear trend of increasing deaths and injuries associated with e-bikes, I think the time is right to look at these issues, and I am pleased the Commission has acted to begin that process.


1 Why Bicycle Deaths Have Risen in New York City - The New York Times (ny􀆟mes.com)

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