Nassau ban on certain e-bikes and e-scooters surprises experts

The Nassau County Police Department posted a notice on social media last week warning the public not to ride an electric scooter or bicycle that uses a throttle in any public area in the county. Doing so, it warned, could result in the vehicle being impounded and a fine of up to $700 for repeat offenders.

There have long been concerns about the safety of e-bikes and e-scooters, with injuries and deaths rising nationwide. But last week’s notice came as a surprise to some in the local biking community and experts, who also questioned the legal basis of at least part of the ban.

Nassau County’s ban encompasses Class 2 e-bikes, which are controlled by a throttle and go up to 20 mph, as well as Class 3 e-bikes, which have a higher top speed of 25 mph. Class 1 e-bikes, which use only pedal assistance to give riders extra momentum, are still allowed.

Nassau County Police Department told Newsday that its ban is based on a 2006 county law that bans "motorized scooters," and a 2020 state law that defines "electric scooters." The county law makes no mention of e-bikes, but Christopher Todd, a lawyer for the police department, told Newsday the department interprets "motorized scooters" to encompass Class 2 and 3 e-bikes, although not Class 1 e-bikes. Todd said the ban had been in place "as long as the statutes were in place."

"Our priority remains the safety of our community," the department said in a statement to Newsday, noting that a 14-year-old student was recently killed while riding an e-bike in Bellmore. "We have seen an increase in the use of prohibited e-bikes and e-scooters, and we remain committed to ensuring the safety of our roadways for everyone."

Newsday’s tracker of fatal crashes shows at least six e-bike riders were killed on Long Island in 2025, as was one pedestrian struck by an e-bike.

Daniel Flanzig, an attorney who has trained hundreds of Suffolk County and village police officers on e-bike laws across Long Island, said Nassau County police are misinterpreting the law.

"E-scooters ... and e-bikes each have their own definition in the [Vehicle and Traffic Law]. It’s like they’re interpreting a motorcycle to be a car, or a cat to be a dog. You can't interpret it. They're defined," he said.

Flanzig added that there’s nothing preventing towns, villages or cities from banning Class 2 e-bikes, but it requires legislation.

Cynthia Brown, executive director at NY Coalition for Transportation Safety, an advocacy group, agreed. She noted the laws around e-bikes are not clearly written and Nassau’s ban has yet to be challenged in court, as far as she knows.

Still, she said she’s concerned about the safety of e-bikes. "There is [very] little or no training in the use of these e-mobility devices, often resulting in injuries to first-time users," she said.

Warren Harvey, manager of Long Beach Cycles, which sells Class 2 e-bikes, wasn't previously aware of the ban and said it "isn’t fair to most folks that have e-bikes." Some riders "have physical limitations, and this allows them the freedom to maybe go 10, 15 miles to visit a friend."

Although municipalities have the power to pass stricter restrictions and bans, by default under state law, Class 3 e-bikes are banned outside of New York City, while e-scooters and Class 1 and Class 2 e-bikes are legal. E-bikes must be labeled with their classification, and riders must be 16. They can use most streets with a speed limit of 30 mph or less, designated bike lanes, and many multiuse trails, but not sidewalks.

Suffolk County allows Class 2 e-bikes, with stricter requirements for minors, including helmet use and restrictions on where they can be ridden.

Flanzig said the state law was "poorly written" because it says cities, towns or villages can implement stricter e-bike laws — without clearly stating whether counties can do so. Regardless, he said Nassau County’s law, as written, does not ban Class 2 e-bikes.

But Todd, the police lawyer, said they meet the state’s definition of an "electric scooter," although state law offers a separate definition for Class 1, 2 and 3 e-bikes. 

By Peter Gill

peter.gill@newsday.com