Does Tennessee treat an electric bicycle as a motor vehicle, and can a rider be charged with DUI for riding one drunk?

Subject

Opinion No. 14-26, Regulation of Electric Bicycles, March 5, 2014

Plain-English summary

Senator Mike Bell asked the AG to slot electric bicycles into Tennessee's vehicle code. The opinion walked through four classification questions and answered each one based on the literal text of Tenn. Code Ann. § 55-8-101.

The threshold split is whether the e-bike is "self-propelled" (the motor moves the bike without pedaling) or pedal-assist (the motor only helps the rider's pedaling). The AG opined that a self-propelled e-bike counts as a "motor vehicle" under § 55-8-101(34) because it can transport a person and is self-propelled. The statute's carve-out for "motorized bicycles" did not save self-propelled e-bikes, because that carve-out defines a motorized bicycle by reference to "cylinder capacity" (50cc) and brake horsepower numbers tied to internal combustion engines. An electric motor has no cylinder. So a self-propelled e-bike fell outside the motorized-bicycle carve-out and into the motor-vehicle bucket.

Whether the e-bike was also a "motor-driven cycle" (a low-power subset of motorcycles, defined in § 55-8-101(36)) was a separate question. The AG concluded that an e-bike fits the motor-driven-cycle category only if it has "the capacity to maintain posted highway speed limits," because the parent "motorcycle" definition in § 55-8-101(35) folds that capability into the definition. Most e-bikes do not maintain posted highway speed; those would not be motor-driven cycles.

On licensing: any operator of a self-propelled e-bike on a Tennessee highway must hold a valid driver's license. Section 55-50-301(a)(1) prohibits driving any "motor vehicle" on a highway without a license; § 55-50-351 requires carrying the license. The AG flagged a practical problem: the licensing scheme does not have a clean class for self-propelled e-bikes, so they "may not fit nicely into any particular class of vehicle for licensing purposes."

On DUI: yes, a rider of a self-propelled e-bike can be charged under Tenn. Code Ann. § 55-10-401. The DUI statute reaches anyone driving or in physical control of "any automobile or other motor driven vehicle" on a public road, parking lot, apartment complex, or similar public area. The AG followed 1984 AG Opinion 84-343, which had reached the same conclusion about motorized bicycles, and held that the same logic applies to self-propelled e-bikes because they have a motor and are self-propelled.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG treat all electric bicycles the same?

No. The opinion turned on whether the e-bike was "self-propelled" or pedal-assist. A self-propelled e-bike, one whose motor will move it without the rider pedaling, is a motor vehicle. A pedal-assist e-bike, where the motor only supplements human pedaling, is not treated as a motor vehicle under the analysis. The AG assumed that self-propelled e-bikes in the relevant category could reach speeds in excess of 20 mph.

Why didn't the motorized-bicycle carve-out apply?

The motorized-bicycle definition in Tenn. Code Ann. § 55-8-101(37) is written around internal combustion engines: it caps "cylinder capacity" at 50cc and "brake horsepower" at 2. An electric motor has no cylinder at all, so an e-bike cannot meet the cylinder-capacity description. The AG concluded the carve-out was a poor fit for electric-powered machines and would not save self-propelled e-bikes from the motor-vehicle definition.

Was a self-propelled e-bike also a "motor-driven cycle"?

Only if it could maintain posted highway speed limits. Motor-driven cycles are defined in § 55-8-101(36) as motorcycles with motors not exceeding 5 brake horsepower (or, for combustion engines, 125cc). But the motorcycle definition in § 55-8-101(35) requires the capacity to maintain posted highway speeds. Most e-bikes top out well below highway speed. So most self-propelled e-bikes did not slot into the motor-driven-cycle subcategory.

Did the rider need a driver's license to use a self-propelled e-bike on the road?

Yes, on a "highway." Tennessee's "highway" definition (Tenn. Code Ann. § 55-8-101(24)) is broad: "the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel." Riding a self-propelled e-bike on any such roadway required a driver's license. The opinion did not require licensing for use on private trails or bike paths that fall outside the highway definition.

Could a rider be charged with DUI for riding an e-bike drunk?

Yes, if the e-bike is self-propelled. Tenn. Code Ann. § 55-10-401 reaches anyone driving or in physical control of "any automobile or other motor driven vehicle" on a public road, parking lot, apartment complex, or any other location "generally frequented by the public at large." The AG followed 1984 AG Op. 84-343 (motorized bicycles are motor-driven vehicles) and concluded the same reasoning applied to a self-propelled e-bike: it has a motor and is self-propelled, so DUI applies.

Did the AG address pedal-assist e-bikes specifically?

Not directly. The opinion assumed two categories and addressed only self-propelled e-bikes in detail. The framing implies that pedal-assist e-bikes, where "the motor is used only to assist with pedaling," are not motor vehicles for purposes of Title 55, but the AG did not work the question all the way through. This 2014 reading predates any later statutory changes, so readers should not rely on it to determine how pedal-assist e-bikes are categorized today.

What licensing class applies to a self-propelled e-bike?

The opinion flagged this as unresolved. Section 55-50-102(21) provides classes for motorcycles, motor-driven cycles, mopeds, and motorized bicycles, but a self-propelled e-bike "may not fit nicely into any particular class." The AG did not pick a class.

Background and statutory framework

Tennessee's vehicle code is a network of interlocking definitions in Tenn. Code Ann. § 55-8-101. Most of the categories were drafted when "motor" meant combustion engine, which is why the definitions stumble on electric power. The AG's opinion essentially read the definitions literally and let an e-bike fall where the text put it, without trying to massage the statute into a cleaner answer.

Key definitions: "Vehicle" (§ 55-8-101(77)) captures any device used to transport a person or property on a highway; "motor vehicle" (§ 55-8-101(34)) is a self-propelled vehicle except motorized bicycles; "motorized bicycle" (§ 55-8-101(37)) requires cylinder-capacity and brake-horsepower limits; "motorcycle" (§ 55-8-101(35)) requires highway-speed capacity; "motor-driven cycle" (§ 55-8-101(36)) is a low-power motorcycle. The DUI statute (§ 55-10-401) reaches "motor driven vehicles," which is broader than "motor vehicles."

The Tennessee Motor Vehicle Title and Registration Law uses a substantially similar definition at § 55-1-103. The driver license definitions at § 55-50-102(29) reach machines "propelled or drawn by mechanical power" used on highways or any other vehicle required to be registered.

The reference case, Bradley Cnty. Farm Bureau v. Epperson, 73 S.W.2d 116, 117 (Tenn. Ct. App. 1934), is included only to explain how an "ordinary four-cylinder or four-cycle gasoline engine" works for purposes of the motorized-bicycle carve-out.

Citations

• Tenn. Code Ann. § 55-1-103 (Tennessee Motor Vehicle Title and Registration Law)
• Tenn. Code Ann. § 55-8-101 (general definitions for Title 55, Chapters 8 to 10)
• § 55-8-101(24) "highway"
• § 55-8-101(34) "motor vehicle"
• § 55-8-101(35) "motorcycle" (capacity to maintain posted highway speed)
• § 55-8-101(36) "motor-driven cycle"
• § 55-8-101(37) "motorized bicycle" (cylinder capacity and brake horsepower limits)
• § 55-8-101(77) "vehicle"
• Tenn. Code Ann. § 55-10-401 (DUI; "motor driven vehicle")
• Tenn. Code Ann. § 55-50-102(21)(E), (F) (license classes for motorcycles, motor-driven cycles, mopeds, motorized bicycles)
• Tenn. Code Ann. § 55-50-102(29) (license-law motor vehicle definition)
• Tenn. Code Ann. § 55-50-301(a)(1) (license required to drive motor vehicle on highway)
• Tenn. Code Ann. § 55-50-351 (must carry license and display on demand)
• Bradley Cnty. Farm Bureau v. Epperson, 73 S.W.2d 116, 117 (Tenn. Ct. App. 1934)
• Tenn. Atty. Gen. Op. 84-343 (Dec. 21, 1984) (motorized bicycle is a motor-driven vehicle for DUI)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2014/op14-026.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
March 5, 2014
Opinion No. 14-26
Regulation of Electric Bicycles

QUESTIONS

1. Is an electric bicycle considered a "motor vehicle" for purposes of Title 55, Chapters 8 to 10, of the Tennessee Code?

2. If the answer to question 1 is yes, is an electric bicycle that is propelled solely by an electric motor that does not exceed five (5) brake horsepower, or has a cylinder capacity not to exceed 125 cubic centimeters (125 cc), a "motor-driven cycle" under Tenn. Code Ann. § 55-8-101(36)?

3. Are operators of electric bicycles required to possess a valid driver's license pursuant to Tenn. Code Ann. § 55-50-351?

4. May a law enforcement officer charge the operator of an electric bicycle with driving under the influence of an intoxicant in violation of Tenn. Code Ann. § 55-10-401?

OPINIONS

1. Yes, provided that the electric bicycle is self-propelled by its motor rather than propelled by the rider.

2. A self-propelled electric bicycle would be a "motor-driven cycle" only if it had the capacity to maintain posted highway speed limits and otherwise met the definition of the term "motorcycle."

3. Yes, provided that the electric bicycle is self-propelled and is operated upon a highway.

4. Yes.

ANALYSIS

An electric bicycle is a bicycle equipped with an electric motor. We assume for purposes of this opinion that on some electric bicycles the motor is used only to assist with pedaling but that on others the motor is powerful enough to propel the bicycle without any need for pedaling; we further assume that electric bicycles in this latter category can reach speeds in excess of 20 miles per hour.

1. Tenn. Code Ann. § 55-8-101(34) defines "motor vehicle" to mean:

every vehicle, including a low speed vehicle or a medium-speed vehicle that is self-propelled, excluding motorized bicycles, and every vehicle, including a low speed vehicle or a medium speed vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

A "vehicle" is generally defined as "every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks." Tenn. Code Ann. § 55-8-101(77). The definition of "motor vehicle" excludes motorized bicycles, which are vehicles "with two (2) or three (3) wheels, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty cubic centimeters (50cc) which produces no more than two (2) brake horsepower and is capable of propelling the vehicle at a maximum design speed of no more than thirty miles per hour (30 mph) on level ground." Tenn. Code Ann. § 55-8-101(37).

Electric bicycles are capable of transporting persons and therefore meet the definition of "vehicle," and electric bicycles that are "self-propelled" qualify as "motor vehicles." The exclusion for "motorized bicycles" does not apply to self-propelled electric bicycles because motorized bicycles are defined in terms of "cylinder capacity," which is a feature of internal combustion engines, not electric motors.

2. "Motor-driven cycle" means "every motorcycle, including every motor scooter, with a motor that produces not to exceed five (5) brake horsepower, or with a motor with a cylinder capacity not exceeding one hundred twenty-five cubic centimeters (125cc)." Tenn. Code Ann. § 55-8-101(36). The term "motorcycle" is defined to mean:

every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, including a vehicle that is fully enclosed, has three (3) wheels in contact with the ground, weighs less than one thousand five hundred pounds (1,500 lbs.), and has the capacity to maintain posted highway speed limits, excluding a tractor or motorized bicycle.

Tenn. Code Ann. § 55-8-101(35).

Under these provisions, motor-driven cycles are a low-powered subset of motorcycles. Self-propelled electric bicycles would not qualify as motorcycles, and thus could not be motor-driven cycles, unless they have the ability to "maintain posted highway speed limits."

3. Tenn. Code Ann. § 55-50-301(a)(1) provides that "[n]o person, except those expressly exempted in this section, shall drive any motor vehicle upon a highway in this state unless the person has a valid driver license under this chapter for the type or class of vehicle being driven." Tenn. Code Ann. § 55-50-351 generally requires operators of motor vehicles to carry their licenses with them and to display them upon demand of law enforcement officers. Because a self-propelled electric bicycle is a motor vehicle, those who operate self-propelled electric bicycles upon the highways of this State are required to possess a valid driver's license. As discussed above, however, such electric bicycles may not fit nicely into any particular class of vehicle for licensing purposes. Cf. Tenn. Code Ann. § 55-50-102(21)(E), (F) (providing license classes for motorcycles, motor-driven cycles, mopeds, and motorized bicycles).

4. Tenn. Code Ann. § 55-10-401 provides:

It is unlawful for any person to drive or to be in physical control of any automobile or other motor driven vehicle on any of the public roads and highways of the state, any shopping center, trailer park, apartment house complex or any other location which is generally frequented by the public at large, while . . . [u]nder the influence of any intoxicant . . . .

For the reasons discussed above, a self-propelled electric bicycle is a "motor driven vehicle." See Tenn. Atty. Gen. Op. 84-343 (Dec. 21, 1984) (opining that a motorized bicycle is a motor-driven vehicle because it "has, by definition, a 'motor' and is capable of being self-propelled"). Accordingly, the operator of a self-propelled electric bicycle may be charged with driving while under the influence of an intoxicant.

ROBERT E. COOPER, JR.
Attorney General and Reporter

JOSEPH F. WHALEN
Acting Solicitor General

JAMES E. GAYLORD
Assistant Attorney General

Requested by:
The Honorable Mike Bell
State Senator
309 War Memorial Building
Nashville, Tennessee 37243

Footnotes:

1 This definition also applies to Chapter 9 and Chapter 10, Parts 1 to 5, of Title 55. Tenn. Code Ann. §§ 55-8-101; 55-9-101. A substantially similar definition is set forth in Tenn. Code Ann. § 55-1-103, governing the Tennessee Motor Vehicle Title and Registration Law.

2 "Highway" is defined as "the entire width between the boundary lines of every way when any part thereto is open to the use of the public for purposes of vehicular travel." Tenn. Code Ann. § 55-8-101(24).

3 See e.g., Bradley Cnty. Farm Bureau v. Epperson, 73 S.W.2d 116, 117 (Tenn. Ct. App. 1934) (explaining the working of an "ordinary four-cylinder or four-cycle gasoline engine").

4 For purposes of driver licenses, Tenn. Code Ann. § 55-50-102(29) defines "motor vehicle" to mean: a vehicle, low speed vehicle or medium speed vehicle as defined in this section, machine, tractor, trailer or semitrailer propelled or drawn by mechanical power used on highways or any other vehicle required to be registered under the laws of this state, but does not include any vehicle, machine, tractor, trailer or semitrailer operated exclusively on a rail.