Deputy city attorney tells Fairbanks council state law leaves e-bikes and e-motos in a gray area

Deputy City Attorney Kaylee Stickel told the City of Fairbanks council during an Aug. 4 work session that current state and municipal law leave e-bikes and e-motos unclearly classified, which complicates enforcement and public understanding.

"Words the way we understand words in common usage may actually contradict the law," Stickel said in a prepared presentation that walked the council through vehicle, bicycle, motorcycle and motor-driven-cycle definitions under Alaska law and Fairbanks code. She said e-bikes may or may not be "motor vehicles" depending on whether they are self-propelled, and e-motos are particularly difficult because electric engines are measured in watts rather than cubic centimeters.

The presentation highlighted two immediate problems: due process (people must be able to tell which rules apply) and enforcement (it can be hard to distinguish e-bikes from e-motos at a glance). Stickel noted that Alaska Administrative Code generally prohibits vehicles on sidewalks and that Fairbanks code bans motor vehicles, motorbikes and motor-driven cycles in parks and on bicycle paths, subject to certain exemptions.

Stickel also reviewed a 2023 state legislative effort that would have applied bicycle regulations to electric-assisted bicycles but said that bill was vetoed by Governor Dunleavy. "In 2023, the Alaska State Legislature passed an e-bike law... Governor Dunleavy vetoed the legislation," she said.

Council members asked legal staff to draft ordinance language to clarify terms the city uses (for example, the undefined city term "motorbike") and to prepare a brief for the legislature outlining what state changes the city would seek. Council member Ringstead asked the city to prepare bullet points the legislative committee could take to Juneau; other members suggested contacting DMV and the borough attorney about registration and enforcement practicalities.

The legal office recommended that the council weigh local regulatory steps (defining motorbike or restricting where higher-powered e-motos may be operated) against limits imposed by state jurisdiction over vehicle registration and licensing. Stickel said the city can "create regulations surrounding e-bikes and e-motos" but cannot establish a state-style licensing scheme.

Council direction: staff were asked to draft model ordinance language and a short legislative brief and to coordinate with borough counsel and DMV before returning with proposals.