Bob Mittelstaedt is a retired lawyer, avid e-biker, and co-founder of E-Bike Access which is dedicated to expanding access for legal e-bikes and combatting illegal e-motos. He consults with state and local governments, school officials and law enforcement on how to address e-bikes and e-motos. He was featured in the NYT Magazine article on Marin County's experience.
E-motos are back in the news with the publication of the Mineta Transportation Institute's 210-page study commissioned by the State Legislature. As the accompanying press release states: MTI Electric Bicycle Safety Study Identifies Illegal, Over-Powered Devices as Key Problem. We hope that the study will cause others to rethink their positions.
The e-moto opinion piece (“Too-Fast Riders Could Be The Downfall of E-Bike Culture,” Felix Mariano, August 19, 2025) is a case in point. Mariano blames the riders for "tinkering" with their e-bikes to go faster. A previous blogpost (“Four Ways To Spot A Bad E-Bike Article,” Kea Wilson, August 9, 2023) also referred to riders "modifying" and "altering" e-bikes.
The reality, however, is that no tinkering, modifying or altering is required to achieve speeds far in excess of the 20 mph limit of throttle (class 2) e-bikes. Ironically, Mariano is living proof of that fact. He irresponsibly boasts of riding a 3,000 watt Segway Xyber with a max speed of 35 mph, zero to 20 in 2.7 seconds.
That’s not an e-bike, even though that’s how Segway misleadingly describes it on its website. That’s an e-motorcycle, and it’s not street-legal from the starting line -- no hacking, tinkering, modification needed. And Segway is not alone. Indeed, a review of manufacturers' websites reveals that almost all throttle "e-bikes" come with motors larger than 750 watts or capable of working above the 20 mph limit.
All it takes is one click on an app or entering a factory code on the handlebar display. That's not "tinkering" any more than changing the volume on an iPhone is or shifting gears on a Ferrari. It's simply using the device as designed and intended by the manufacturer!
To be sure, manufacturers are fond of shifting blame to the 13 year olds who use their apps. It's part of their disinformation campaign to get us to think that if only scofflaw kids would stop spending $6K to “modify” the devices, the world would be safe and e-motos would be e-bikes.
For any doubters, I invite you to telephone any retailer or customer support person, and tell them you are looking for a throttle "e-bike" that will work above 20 mph. In my experience, they will gladly boast how easy it is to “unlock” their “e-bikes” and attain motorcycle-like speed. If you ask whether the device comes with a class 2 e-bike label, they will offer to give you labels to use as you see fit or direct you to the labels section on Amazon. Apparently, they are not conversant with the laws in most states, or at least don't care about complying.
By the way, kids in Marin where I live and where new ordinances require riders of class 2 e-bikes to be at least 16 are starting to replace the class 2 labels on their e-motos with class 1 labels, befuddling some police.
The problem with e-motos is not a quibble over “a difference of two to three” miles per hour. Actually, the delta between the legal limit of 20 mph and Segway’s advertised 35 mph is 15 mph, or a 75% increase. Most e-motos are capable of at least 35 mph, and some of them are far faster.
One other point. Saying “don’t worry about e-motos—cars are worse” is the public-safety equivalent of saying “don’t end this war—another war kills more people.” By that logic, we shouldn’t fix any preventable harm unless it’s the worst harm on earth. It's no reason to ignore what e-moto makers are doing: misleading the public into thinking dangerous e-motos are safer e-bikes free from licensing, registration, insurance, safety equipment. If they want to make a car or a motorcycle capable of more than 20 mph, go for it. Just obey the law and don't call it an e-bike as if the rider doesn't need a license, registration, insurance and safety equipment!
If illegal e-motorcycles are the downfall of legitimate e-bikes as Mariano suggests, manufacturers and retailers should look themselves in the eye, not blame it on their customers.
