By Robert J. Curcio | Updated October 2026
Electric bicycles, e-scooters, e-motos, and other electric micromobility devices have become increasingly common on Chicago streets. But as these devices have become faster and more powerful, the distinction between a bicycle and a motor vehicle has become increasingly difficult to draw.
Illinois e-bike laws change on January 1, 2027, when Public Act 104-0854 takes effect. The new bicycle legislation keeps the three-class system for low-speed e-bikes, sets minimum rider ages of 15 and 16, creates state law for e-scooters and similar electric micromobility devices, and treats e-bikes with motors over 750 watts as motor-driven cycles that need a license, title, registration, and insurance.
Signed on August 26, 2026, as Senate Bill 3484, it is the first comprehensive Illinois electronic bicycle legislation covering high-speed e-bikes, e-motos, and micromobility devices. It replaces a patchwork of local ordinances with a uniform statewide framework for riders, parents, drivers, and police.
For people injured in bicycle or micromobility collisions, the changes are important for another reason: the classification of the device and the rules governing its operation may become important evidence when determining how an accident occurred and who bears responsibility.
Curcio & Casciato has represented injured bicyclists in Illinois for years, including taking disputed bicycle collision cases through jury trial. Based on that experience, we believe understanding the rules governing these devices is only the beginning. When a serious collision occurs, the facts- right of way, visibility, speed, lookout, roadway position, witness testimony, physical evidence, and the conduct of everyone involved- remain critical.
What Changed Under Illinois E-Bike Laws in 2027?
The new Illinois law is aimed in large part at a problem created by rapidly changing technology.
Traditional electric bicycles in Illinois have generally fallen within three established e-bike classifications, with pedal assist limited to 20 or 28 miles per hour. But increasingly powerful devices can exceed those limits substantially. The Illinois Secretary of State reports that some higher-powered electric motors reach speeds greater than 50 mph.
Beginning January 1, 2027, Illinois law draws clearer lines among traditional low-speed electric bicycles, electric micromobility devices, and higher-powered vehicles regulated as motor-driven cycles.
The basic distinction is important: not everything marketed or commonly described as an “e-bike” will necessarily be treated as a bicycle under Illinois law.
The new Illinois electronic bicycle legislation draws the line by motor power and maximum speed rather than by how an electric motor is marketed. An electric device sold as an “electric bike” may legally be a motor vehicle, subject to the Illinois vehicle code. That distinction controls who can ride it, where it can go, and whether insurance stands behind it if someone gets hurt.
View the Illinois micromobility report to learn more.
What Are the Three Classes of E-Bikes in Illinois?
Illinois e-bike laws recognize the existing three class system for low-speed electric bicycles, each with electric motor wattage under 750 and fully operable pedals. Class 1 and Class 2 bikes have top assisted speeds at 20 mph. Class 3 e-bikes assist up to 28 mph. Chicago’s Divvy pedal-assist bikes are a common Class 1 example.
The Secretary of State summarizes the Illinois e-bike classifications this way:
| E-Bike Classification | How The Electric Motor Works | Top Assisted Speed | Minimum Age Beginning Jan. 1, 2027 |
|---|---|---|---|
| Class 1 | Assists only while the rider pedals | 20 mph | 15 |
| Class 2 | Can propel the bike without pedaling | 20 mph | 15 |
| Class 3 | Assists only while the rider pedals | 28 mph | 16 |
Low-speed electric bicycles generally remain permitted on streets, bike lanes, bike paths, and shared-use trails and side paths where allowed, but electric bikes are prohibited from sidewalks. Under state law, public entities can still restrict electric device use on property they control, such as a park district trail, so riders should check posted signs before entering a path.
Illinois E-Bike Age Requirement
Beginning January 1, 2027:
Class 1 and Class 2 e-bike riders must be at least 15 years old. Class 3 riders must be at least 16.
The law also establishes restrictions involving passengers. Among other provisions, a person under 18 generally may not operate a low-speed electric bicycle with a passenger unless the passenger falls within specified family relationships identified by the statute.
For parents buying an e-bike for a teenager, this makes the actual classification of the bicycle particularly important. A manufacturer’s marketing description alone should not substitute for determining the bike’s legal class and capabilities.
If your child has already been hurt, claims for injured children in Illinois follow their own deadlines and rules.
What Happens to E-Bikes Over 750 Watts or 28 MPH?: Illinois High-Speed E-Bike Registration, License, & Other Requirements
This is one of the most significant changes.
Higher-powered electric bicycles and e-motos that fall within the new motor-driven-cycle provisions are no longer treated like ordinary low-speed e-bikes.
The Secretary of State explains that qualifying high-speed e-bikes and e-motos capable of exceeding 28 mph will require a valid driver’s license, registration, and insurance, with title requirements also applying under the new framework. These higher-speed vehicles are prohibited from sidewalks, bicycle lanes, and bicycle paths.
That distinction matters because some devices that resemble bicycles can reach speeds of 40 or 50 mph or more.
Beginning in 2027, calling one of those devices an “e-bike” does not necessarily make it legally equivalent to a Class 1, 2, or 3 electric bicycle.
New Electric Scooter Laws in Illinois & New Rules For Other Micromobility Devices
The new law also formally defines an “electric micromobility device” to include devices such as electric skateboards, electric unicycles, low-speed electric scooters, and high-speed electric scooters operating at speeds up to 28 mph.
Riders of electric micromobility devices must generally be at least 16 years old. The law also establishes rules concerning where those devices may operate and limits their permitted speeds.
Importantly, electric micromobility devices are treated differently from the high-powered motor-driven cycles discussed above. The enacted legislation excludes electric micromobility devices from the title, registration, driver’s-license or permit, and liability-insurance requirements applicable to qualifying motor-driven cycles.
That distinction can become particularly important after an accident. People hurt on or by these devices can pursue electric scooter accident claims in Illinois under the same negligence principles as other crashes.
How Illinois Classifies E-Bikes, E-Scooters, & E-Motos
| Requirement | Low-Speed E-Bike (Class 1, 2, 3) | Electric Micromobility Device | Motor-Driven Cycle (Over 750W) |
|---|---|---|---|
| Minimum age | 15 (Class 1, 2) or 16 (Class 3) | 16 | Riders must have a driver’s license |
| Sidewalks | Not allowed | Not allowed | Not allowed |
| Bike lanes & paths | Allowed | Allowed | Not allowed |
| Driver’s license | Not required | Not required | Required |
| Title & registration | Not required | Not required | Required |
| Insurance | Not required | Not required | Required |
Do E-Bikes Need Insurance in Illinois?
For ordinary Class 1, Class 2, and Class 3 low-speed electric bicycles, the new law does not impose the motor-vehicle insurance requirements applicable to high-powered motor-driven cycles.
But qualifying high-speed e-bikes and e-motos regulated as motor-driven cycles will be subject to insurance requirements beginning January 1, 2027.
For someone seriously injured in a collision, that distinction can have practical consequences.
For an injured person, that gap matters. A rider on a low-speed e-bike who causes a crash may have no policy of their own. Coverage may instead come from a homeowner’s or renter’s policy, the injured person’s own uninsured motorist coverage, a motor vehicle involved in the crash, or bike rental accident claims against a commercial operator.
Identifying every available insurance policy early is part of any serious electric bicycle case. Coverage should never be assumed simply because a personal mobility device is electric, and it should never be ruled out because someone calls the device an e-bike.
What Happens If Someone Violates Illinois E-Bike Laws & Causes an Accident?
A violation of the new law may become important evidence in a civil case, but a statutory violation does not necessarily answer every question about who caused an accident.
Bicycle cases are often more factually complicated than they first appear.
A driver may contend that a cyclist was difficult to see. A cyclist and motorist may disagree about who entered an intersection first. The parties may dispute speed, right of way, lookout, lighting, roadway position, or whether either person could have avoided the collision.
Illinois’ comparative-negligence principles can also result in responsibility being divided between the people involved.
Curcio & Casciato has litigated precisely those issues through jury trial.
Our Experience Trying Contested Bicycle Cases Under Illinois Law
In Heneghan v. Bianchini, RJ Curcio of Curcio & Casciato represented a bicyclist injured in a collision with a motor vehicle at a four-way-stop intersection in Park Ridge.
According to the complaint, Mark Heneghan was riding his bicycle eastbound on Manor Lane while Delfo Bianchini was driving northbound on Hamlin Avenue. Bianchini made a left turn at the intersection and collided with Heneghan. The complaint alleged, among other things, failure to keep a proper lookout, making an improper turn, and failure to exercise due care to avoid colliding with a bicycle.
The police report provides additional detail. The investigating officer reported that the Audi’s front bumper struck the bicycle’s front tire, causing Heneghan to land on the hood. According to the report, Bianchini stated that he did not see the cyclist until he struck him. The driver received two citations.
But liability was contested.
The defense argued, among other things, that the collision occurred during winter conditions and that Heneghan contributed to the accident by wearing black clothing that made him more difficult to see.
Before trial, the defense offered $150,000 to resolve the case.
RJ Curcio tried the case before a Cook County jury.
The jury found that Heneghan sustained $830,000 in total damages, including $240,000 in medical expenses, $500,000 for pain and suffering, and $90,000 for loss of a normal life. The jury also found Heneghan 50% comparatively negligent, reducing the recoverable verdict to $415,000.
The result illustrates something important about Illinois bicycle cases: a legitimate dispute over a cyclist’s own conduct does not necessarily eliminate the motorist’s responsibility or the cyclist’s ability to recover compensation.
It also demonstrates why serious bicycle cases must be evaluated on their facts rather than reduced to assumptions about who “must” have been at fault.
How Could the New Law Affect an Illinois E-Bike or E-Scooter Accident Case?
Beginning in 2027, attorneys investigating an e-bike or micromobility collision may have additional questions to answer.
Before determining whether someone complied with the law, it may first be necessary to determine which law applied to the device.
- Was it a Class 1, Class 2, or Class 3 e-bike?
- Was the rider old enough to operate it?
- Was it an electric micromobility device?
- Was it actually a high-powered motor-driven cycle?
- Was the device being operated somewhere that its classification prohibited?
- Did licensing, registration, or insurance requirements apply?
Those questions may matter. But they remain part of a larger liability analysis.
As Heneghan demonstrates, bicycle litigation can involve competing allegations about the conduct of both the rider and the motorist. The new law gives riders, drivers, law enforcement, and courts clearer rules for certain electric devices, but serious accident cases will still require careful analysis of what happened, why it happened, and whose conduct actually contributed to the collision.
What Evidence Matters After a Serious E-Bike or Bicycle Collision?
Our experience litigating bicycle cases reinforces the importance of evidence that can establish how a collision actually occurred.
Depending on the circumstances, relevant evidence may include photographs of the scene and vehicles, witness statements, police reports, surveillance or traffic-camera footage, roadway markings and signs, lighting and weather conditions, damage to the bicycle and vehicle, medical records, and testimony concerning the movements of the rider and driver before impact.
An e-bike or other electric device can add another layer to the investigation because its legal classification may itself be relevant.
That can make information about the device’s manufacturer, model, class, motor power, and maximum assisted speed important to preserve.
Evidence can disappear. Video can be overwritten, witnesses’ memories can fade, and damaged bicycles can be repaired or discarded. Serious bicycle and micromobility collisions therefore often benefit from early investigation.
What Should Illinois Parents Know Before Buying an E-Bike?
The most important point for parents is that not every electric two-wheeled device is legally the same thing.
Before purchasing one for a teenager, parents should determine:
- whether it is a Class 1, Class 2, or Class 3 e-bike;
- its maximum assisted speed;
- the motor’s power;
- the minimum legal age for the rider;
- where it may legally be ridden; and
- whether the device instead falls within rules governing high-powered motor-driven cycles.
The Illinois Secretary of State has specifically warned parents to understand a device’s actual classification and capabilities rather than relying only on how a product is advertised. Frequently Asked Questions About Illinois E-Bike Laws
When do the new e-bike laws in Illinois take effect?
The new e-bike laws in Illinois take effect January 1, 2027. The legislation has been enacted as Public Act 104-0854.
How old do you have to be to ride an e-bike in Illinois in 2027?
The age requirement for riding an e-bike in Illinois in 2027 depends on the e-bike classification. Class 1 and Class 2 riders must be at least 15. Class 3 riders must be at least 16.
Can you ride an e-bike on the sidewalk in Illinois?
Generally, no, you cannot ride an e-bike on the sidewalk in Illinois. Even low-speed e-bikes are prohibited on sidewalks under Illinois law. They generally may operate on streets, bicycle lanes, bicycle paths, and shared-use side paths and trails where permitted.
Do you need a driver’s license for an e-bike in Illinois?
Whether you need a driver’s license in Illinois depends on the e-bike’s classification. Ordinary Class 1, Class 2, and Class 3 low-speed e-bikes do not require a driver’s license. Qualifying higher-powered e-bikes and e-motos regulated as motor-driven cycles will require a valid driver’s license beginning in 2027.
Do e-bikes need insurance in Illinois?
Whether e-bikes need insurance in Illinois depends on the e-bike’s classification. Illinois law generally doesn’t require users to have insurance for traditional bicycles (low-speed Class 1, Class 2, and Class 3 e-bikes). Qualifying high-speed electric scooters, high-speed electric bikes, and other electric motors regulated as motor-driven cycles will require insurance under the new state law.
Does violating an e-bike law in Illinois automatically make someone liable for an accident?
No, violating an Illinois e-bike law doesn’t automatically make the person liable. A violation of Illinois state law may be relevant to the liability analysis, but accident cases can also involve causation, comparative negligence, right of way, visibility, lookout, and the conduct of everyone involved.
Understanding the New Rules Is Only Part of an Electric Bike Accident Case
Public Act 104-0854 gives Illinois a clearer framework for a rapidly changing category of transportation. In 2027, riders will have clearer age requirements, high-powered electric devices will face substantially different rules from low-speed e-bikes, and Illinois law will more clearly distinguish bicycles from other forms of electric micromobility.
Those rules matter.
But after a serious accident, knowing the statute is only the beginning.
Curcio & Casciato has experience investigating, litigating, and trying contested bicycle injury cases in Illinois in Illinois. Our Chicago bike accident lawyers understand that these cases can involve disputed right of way, visibility, comparative negligence, violating posted speed limits and other rules of the road, insurance coverage, and competing accounts of how a collision occurred.
If you or a family member has been seriously injured in a bicycle, e-bike, or micromobility collision in Chicago or elsewhere in Illinois, Curcio & Casciato can evaluate the circumstances of the accident and explain the legal issues that may apply.
This article is intended for general informational purposes and does not constitute legal advice. Public Act 104-0854 takes effect January 1, 2027.