05/30/2026
Good information from APD on two-wheeled electric vehicles. I've heard from some citizens about these and also witnessed some concerning things recently. With how these are evolving and becoming more affordable with many different options, it might be time to update some of our laws/ordinances. Thoughts?
A recent post involving enforcement action against an electric two-wheeled vehicle has generated considerable discussion, along with some inaccurate information. To provide clarity, we'd like to explain the relevant laws and an important legal distinction:
Original Facebook post: https://www.facebook.com/share/p/1D5k1pMgEg/
The vehicle involved in this incident was NOT a lawful electric bicycle (e-bike) under Wisconsin law. It was an electric off-highway motorcycle, commonly referred to as an e-motorcycle or “e-moto”.
E-bikes and e-motos are not the same thing under Wisconsin law. They have their own, separate definitions and are governed by entirely different statutes.
⚖️ THE VEHICLE IN THIS INCIDENT
The vehicle involved was a PUJH dual-motor electric vehicle, incorrectly marketed online as an “electric bike.”
Factory specifications for this vehicle include:
• 6,000W dual-motor system
• Advertised speeds of approximately 45 MPH
• Motorcycle-style power and acceleration
• Designed and advertised for off-road use
These specifications substantially exceed Wisconsin’s lawful e-bike classifications and meet the statutory definition of an off-highway motorcycle.
Although some of these vehicles may have pedals or be marketed online as “e-bikes,” that does NOT make them lawful electric bicycles under Wisconsin law.
🚲 WHAT IS A LEGAL E-BIKE?
Wisconsin law recognizes electric bicycles separately from motorcycles and off-highway motorcycles.
Legal e-bikes:
• Are designed and manufactured as bicycles
• Have fully operable pedals
• 750W or less electric motor
• Meet Class 1, 2, or 3 e-bike standards
• Are limited to specific motor-assist speeds
Generally:
• Class 1 (pedal assist) and Class 2 (pedal assist and throttle capable) e-bikes are limited to 20 MPH
• Class 3 e-bikes are limited to 28 MPH pedal assist and require the operator to be 16 years of age or older
New e-bikes sold in Wisconsin must carry a permanent label showing class, top assisted speed, and motor wattage.
🏍️ WHAT IS AN OFF-HIGHWAY MOTORCYCLE / E-MOTO?
Wisconsin Statute §23.335(1)(q) defines an off-highway motorcycle as:
“A 2-wheeled motor vehicle that is straddled by the operator, equipped with handlebars, and designed for use off a highway regardless of whether it is also designed for use on a highway.”
The statute specifically states that an off-highway motorcycle does NOT include a lawful electric bicycle.
An electric two-wheeled vehicle is NOT a lawful e-bike if:
• No operable pedals
OR
• Motor > 750W
OR
• Capable of motor-propelled speeds over 28 MPH
Simply adding pedals, riding at a slower speed, or purchasing the vehicle online as an “e-bike” does not change its legal classification. What matters is how the vehicle is designed, its performance capabilities, and its intended use. The vehicle involved in this incident met Wisconsin’s legal definition of an off-highway motorcycle, not an e-bike.
🚫 WHERE THESE VEHICLES CAN BE OPERATED
Electric off-highway motorcycles / e-motos are NOT legal to operate on public thoroughfares within the City of Appleton unless specifically authorized by law (Wisconsin Statute §23.335(10)).
In Appleton, that includes:
• Public roadways
• Streets
• Sidewalks
• Bicycle paths
• Shared-use trails
This is because there are NO public lands in the City of Appleton designated for off-highway vehicle operation, to include e-motorcycles.
🚨 OWI ENFORCEMENT APPLIES TO OFF-HIGHWAY MOTORCYCLES
Wisconsin Statute §23.335(12)(a) specifically prohibits operating an off-highway motorcycle/ e-moto while under the influence of an intoxicant or with a prohibited alcohol concentration.
Lawful e-bikes are not subject to Wisconsin’s OWI statute, same as a regular human-powered bicycle. However, riders may still be subject to other criminal, civil, or municipal penalties for reckless, unsafe, or otherwise unlawful operation.
🏘️ WHY IT MATTERS
We support the safe and lawful use of bicycles and properly classified e-bikes in our community. They provide a convenient, efficient, and accessible mode of transportation, and many residents use them responsibly every day.
However, high-powered electric motorcycles are increasingly being marketed online in deceptive ways, creating understandable confusion for riders and parents alike.
These vehicles can travel at speeds far beyond lawful e-bike classifications and are subject to different laws intended to protect everyone using our roadways, sidewalks, and trails.
We encourage riders and parents to research applicable laws before operating these vehicles in public spaces.
Additional information regarding bicycles, e-bikes, and electric motorcycles can be found on our Bike Safety webpage: appletonwi.gov/police/bike_safety.php
Relevant Wisconsin Statutes:
• §23.335 – Off-Highway Motorcycles
• §23.335(10) – Restrictions on Highway Operation
• §23.335(12) – Intoxicated Operation of Off-Highway Motorcycle
