CA DMV classification of electric vespa-looking thing

[braincore]

Misguided friend bought a moped?/scooter? from China and shipped it over. Sorry, no photos handy, but here are the key features:

- 3 wheels: 2 wheels in front, 1 in back (a reverse trike?). The wheels are ~1 ft apart, so not overly spread out.
- No pedals
- Upright with a foot board like a vespa
- Bigger and bulkier (even more so than a vespa) like one of those typical scooters in Asia. Not a slim e-bike by any means.
- 1500W max motor (less than 4 gross brake horsepower).
- Can reasonably make the claim that it can only go 20mph, but it can also probably go 30mph.

Reading the DMV classification, it appears to be a moped:

Also known as a motorized bicycle, a moped has 2-3 wheels and an electric motor with an automatic transmission that produces less than 4 gross brake horsepower.

But, unfortunately, that requires an M1 license. I'm wondering whether my friend can avoid the M1 license since it has three wheels.

Motorcycles with 3 wheels or a side car require only a Class C driver’s license.

The official legislation:

- California Vehicle Code (CVC) §12804.9
- E-bike vehicle code 312.5

Being classified as a moped is already quite great (small registration fee, no renewal required).

 

[fechter]

I think you could claim it was a class 2 electric bike. Under CA rules you don’t need to have pedals but I think it has to be under 750W. This is intended to cover things like stand up scooters.

Otherwise it would have to be a moped and need a license and insurance.

It would be possible to lower the power output to 750w but not as much fun.
Since cops don’t carry watt meters you could cheat and put a sticker somewhere that says 750w.

 

[braincore]

He's waiting for the battery so he hasn't had the opportunity to ride it. I wouldn't be surprised if the motor's realistic output is close to 750W. So this sticker does the legal magic?

On the one hand, it looks nothing like an e-bike so I'm worried it'll fail the eye test with any legal authority. On the other hand, he's retired and just wants to ride it on residential streets (and one boulevard/avenue) to the gym / local store.

 

[2Phast2Delirious]

It needs to be registered as an moped since that is what you have. I would advise against putting a 750w sticker because you may get into much more serious penalties for tampering with tags if a copper found out what you're doing. All you need to get your moped ready for the road is a drivers license and a $150 registration. Most states do not require insurance for mopeds.

Sin City had the BEST 50cc moped law in America. Being at least 16 years old was all that was required! But this caused the moped scene to explode (much like the e-scooter/bike culture today), and people owning a Ruckus began swapping them with 150cc and passing it off as 50cc. There will always be someone unethical who rides far beyond the moped speed limit, gets caught, and then tries to pass it off as a 50cc with merely a sticker. Now, all moped are required to be registered.

I sometimes think that e-bikes could have a similar fate nationwide. UK already has a 250w street-legal limit!

 

[braincore]

It needs to be registered as an moped since that is what you have. I would advise against putting a 750w sticker because you may get into much more serious penalties for tampering with tags if a copper found out what you're doing.

Don't worry, I'm just joking. Looking to fully comply with the rules.

All you need to get your moped ready for the road is a drivers license and a $150 registration. Most states do not require insurance for mopeds.

But in CA it'll need to be an M1 license, per the DMV link I provided, right?

 

[floydr]

(5) (A) Class M2 includes a motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.

• Also known as a motorized bicycle, a moped has 2-3 wheels and an electric motor with an automatic transmission that produces less than 4 gross brake horsepower.
• Some mopeds have pedals so you can ride them when the motor is off.
• 
  
• You must have a motorcycle license (M1 or M2) to drive a moped.

It is not an electric bicycle as defined by California so he would need a M2 license if the trike doesn't go over moped speed M1 faster than moped speed. This my interpretation of the law
Ask your local police department or local DMV. he should take a Take a California Motorcyclist Training Course course even if he doesn't want a M1/M2 license. Helps make a rider more alert
later floyd

 

[braincore]

Well, here's a twist: License Requirements - California DMV

Motorized bicycle or moped (capable of no more than 30 mph)

406(a), 12804.9(b)(5)(A)(i)

Any class of license **

A two- or three-wheeled device, capable of no more than 30 mph on level ground, and equipped with fully operative pedals for human propulsion or having no pedals if powered solely by electrical energy, a motor producing less than four gross brake horsepower, and an automatic transmission.

According to this, a class C is sufficient.

This is in contradiction to other material I linked earlier. And, it doesn't jive with code 12804.9(b)(5)(A). However, they cite code 12804.9(b)(5)(A)(i). Is the suffix (i) potentially an amendment?

 

[offGridDownUnder]

Carry on finding out what the proper class is, but I'll endorse the Motorcycle Riding course. That's in no way a bad outcome.