An Electro & Co. ETM RTR "Miami Vibes," an electric motorcycle capable of reaching around 60 miles per hour, sits at Urban Motor Sports in South Austin on Wednesday, May 28. These vehicles are increasingly popular in Austin, but the regulations surrounding them haven't kept pace. SAM STARK/ AUSTIN CURRENT
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On Austin trails and neighborhood streets, residents are increasingly encountering high-speed electric bikes capable of reaching motorcycle-like speeds. But as the vehicles have surged in popularity, especially among children, regulations surrounding them haven’t kept pace.

On Thursday, the Austin City Council passed new measures aimed at clarifying how the city regulates e-motorcycles, pocket bikes and e-dirt bikes. Supporters say the vehicles have rapidly spread through Austin neighborhoods and walking trails, frustrating some residents, while confusing laws have led police with limited guidance on enforcement. City leaders say the effort is intended to close the gaps before serious injury occurs.

Council Member Paige Ellis, who represents Southwest Austin, filed the measure, which would more clearly define and regulate the “e-motos,” two-wheeled vehicles (often without pedals) capable of exceeding 28 miles per hour. While the technology is growing in popularity, Texas law already says pocket bikes and minimotorbikes are not authorized for use on public streets, sidewalks or bike paths. Still, Ellis says “legal ambiguity” surrounding the vehicles has contributed to their growing presence in neighborhoods and on trails, particularly among kids and teenagers. The rapidly-evolving technology and risk to children has sent municipalities across the country scrambling to catch up with local rules before the situation becomes unmanageable.

“Some are very young children screaming down the street with these pocketbikes,” said Michael Cerza, who lives in a Southwest Austin neighborhood. “These small children who run in front of our house are going 40 miles per hour at least.”

Cerza, who lives in Ellis’ district, is not alone in his concern. Ellis’ office reports a “growing chorus of complaints” connected to e-motos. She said the most pressing issue is there is no Austin law governing e-motorcycle use.

“Vehicles in this class can reach speeds of 30 to 65 mph, yet nothing in city code prevents them from being ridden on roads, bike lanes, sidewalks, shared-use paths, park trails, or drainage infrastructure — spaces where children and families could be hurt,” she said in a statement to Austin Current. “My agenda item works to close the code gap, provide clarity for APD, and ensure kids’ safety.”

Ellis’ resolution directs the city manager to define and regulate e-motos in the city code, develop rules for licensing and operation and establish penalties for violations. The resolution also looks to create a public awareness campaign; review Austin Police Department training and enforcement practices; and explore whether the city could establish a designated public area where riders could legally and safely use the vehicles.

Greg Kunschik is the owner of Urban Motor Sports, which sells e-bikes, Vespas and, more recently, e-motos. He said that for the first 15 years his business operated, children rarely came into the store. Now, he sees them every day.

“Most of the people buying those [e-motos] are young men,” he said, “and their parents are with them.”

Kunschik said he and his employees try to educate customers about which bikes are street legal, but worries some parents may not fully appreciate how fast the vehicles can go. He is considering asking e-moto customers to sign a legal waiver to protect his business from liability.

“The technology has changed dramatically, and these bicycles are doing speeds of small motorcycles,” he said. “These are dangerous vehicles, or can be.”

Cerza agrees. He said he sees kids riding e-motorcycles nearly every day. While he understands the appeal, he said an April encounter underscored how quickly the vehicles could turn dangerous.

Cerza said he was driving through his neighborhood when a child riding what appeared to be a pocketbike going over 30 miles per hour veered into his lane in an attempt to pass an oncoming vehicle. Cerza said the two narrowly avoided a head-on collision.

“It’s not an isolated incident,” he said. “Unfortunately, [greater enforcement] probably will happen after somebody gets hurt, but maybe we could prevent that if we let people know that this is a problem.”

Sam Stark is Austin Current's government reporter. He has been reporting in Austin for several years, most recently as a broadcast reporter at KXAN.