by Ed Maurer

The popularity of E-bikes has caused local and state governments in California to clarify and tighten the rules and regulations for these motorized 2-wheel vehicles, which in turn has led to a legal action. Below is an update on the continuing struggle to deal with a motorized vehicle that the motor vehicle code equates, wrongly in my opinion, with a human-powered vehicle.  

• The County of Orange has passed an E-Bike Ordinance for unincorporated Orange County roads and trails and, according to Supervisor Katrina Foley, has provided the OC Sheriff’s Department with resources to enforce it.
• The Orange County Transportation Agency publishes comprehensive information about the use of e-bikes on its website.
• OC Parks permits Class 1 and 2 E-bikes on more than 75 miles of Orange County bikeways; however, “due to safety concerns, all classes of e-Bikes continue to be prohibited on unpaved trails within regional and wilderness parks where there is reduced long-distance visibility and/or width to accommodate trail users who need to veer out of the path of another user traveling at a high rate of speed.”[1]
• California’s DMV Handbook[2] for two-wheel vehicle operations delineates the types of e-bikes and their legal limitations.
  • Class 1: A low speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached.
  • Class 2: A low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance when a speed of 20 mph is reached.
  • Class 3: A low speed pedal-assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached.

The operator of a Class 3 electric bicycle:

• • • Must be 16 years old or older.
    • Must wear a bicycle safety helmet.
    • Must not transport passengers.
    • May ride an electric bicycle in a bicycle lane if authorized by local authority or ordinance.
• On July 2, 2024, Governor Newsom signed Assembly Bill 1774 that “prohibits any tampering or modification that changes an e-bike's speed capabilities, unless the e-bike still meets the original definition, and the correct classification label is replaced.” These devices are usually called “tuning kits”. The bill also bans the sale of products or devices that can alter the speed capabilities of an e-bike. Violations of these new rules are considered criminal offences!
• Since E-bikes in California are primarily used as recreational vehicles, it is puzzling that the California Air Resources Board on December 3, 2024 launched “a new incentive on Dec. 18 that will provide income-eligible Californians up to $2,000 toward the purchase of a new e-bike – the latest example of how the state is expanding access to zero-emissions transportation options to residents who need the boost the most.”[3]
• According to a story written by Cameron MacDonald in the Marin Independent Journal of December 27, 2024, a lawsuit was filed against the Irvine based e-bike manufacturer Super73 Inc. “on allegations it sells vehicles that are illegal under California law. The lawsuit is scheduled for a case management conference in May.”

Stay tuned.