I give up. What are the laws on E-bikes in California?

[Little-Acorn]

Everywhere I go, I get a different story.

There's a 20mph limit on ebikes. No, it's 22. No, it's 25.

No, those speed limits are only for factory-built, complete bikes that are sold to customers; and that's a Federal law, not a state law.. If you convert your own bike to e-power, there are no speed limits. Yes, there are. No, there aren't.

There's a limit, but if your bike exceeds it, all you do is register it at DMV, pay an approx. $40 fee, and then you can ride it all you want. No, you can't, you need lights, turn signals, fenders, and all the rest of the registered-vehicle folderol. No, you don't. Yes, you do.

One guy told me that if your ebike has a throttle (twist grip, thumb throttle), then it was illegal - ONLY pedal-assist-sensor bikes are legal. Nobody else has laid that one on me, but the guy who did, I thought was fairly knowledgable.

What are the laws, REALLY???

 

[vanilla ice]

Its 20. You can have a throttle.

Moped class electrics are 30mph. IIRC the one time plate fee is $19. Yes there are other requirements for a moped class vehicle.

 

[gogo]

http://search.ca.gov/search?q=elect...a_dmv&getfields=subject&submit.x=0&submit.y=0

 

[deardancer3]

Sounds like some folks are confusing Canadian Law with California due to the CA abreviation.

US HR727 is the basis for many state laws. HR727 declared that Ebikes with less than 750w (1hp), Pedals that work, Motor that cuts out before 20mph, on a two or three wheeled bike or trike, is supposed to be NOt considered a motor vehicle governed by US DOT but rather by Consumer protection.

Some states under the states rights provision of the US Constitution, have deviated from this, some have stuck to it.
Your state California, made some modifications. My state, Colorado, has not passed new laws YET.

However, my state has home rule laws, and some cities such as Boulder, have passed yet different laws.

In addition, TEA LU (converted to SAFE TEA 21) governs some rules on federally funded bike paths. This is also active in California, but, can be over-ridden by local ordinance. It adds a 100lb rule to the mix, by some interpretations, and declares that the "No motor vehicle" signs on bike paths excludes legal ebikes.

So, that is how the confusion happens.

There are a few folks here at E_S that are real conversant with the details that apply to ebikes.

I know I am told that when I visit the San Diego area, the 750w -20 mph -2/3 wheeled - working pedal law works. BUT, there may be some statutes that lets you go for more power and/or more speed.


we have 6 designation of things that could be considered motorized bike laws in Colorado, You may be in the same boat. Maybe your police have better things to do than check the latest laws for ebikes too.


SO hope this helps you understand the confusion. When getting quotes on the local laws, ask to see the statutes. sometimes after digging - one finds they were intended for Segways, or Wheelchairs or mopeds.
d

 

[Russell]

Here is a link to the California laws

http://sdcbc.org/CABikeLaw.pdf

a few excerpts;

(b) A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and
has an electric motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device when human power is used to propel the
motorized bicycle faster than 20 miles per hour.

Notwithstanding Sections 21207 and 23127 of this code, or any other provision of law, no motorized
bicycle may be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section
21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the
local authority or the governing body of a public agency having jurisdiction over such path or trail permits, by
ordinance, such operation.

Motorized Bicycle Criteria (See Also Section 406 Above)
24016. (a) A motorized bicycle described in subdivision (b) of Section 406 shall meet the following criteria:
(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the Consumer
Product Safety Commission (16 C.F.R. 1512.1, et seq.) or the requirements adopted by the National Highway
Traffic Safety Administration (49 C.F.R. 571.1, et seq.) in accordance with the National Traffic and Motor
Vehicle Safety Act of 1966 (15 U.S.C. Sec. 1381, et seq.) for motor driven cycles.
(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are
applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when
released, will cause the electric motor to disengage or cease to function.
(b) All of the following apply to a motorized bicycle described in subdivision (b) of Section 406:
(1) No person shall operate a motorized bicycle unless the person is wearing a properly fitted and fastened
bicycle helmet that meets the standards described in Section 21212.
(2) A person operating a motorized bicycle is subject to Sections 21200 and 21200.5.
(3) A person operating a motorized bicycle is not subject to the provisions of this code relating to financial
responsibility, driver' s licenses, registration, and license plate requirements, and a motorized bicycle is not a
motor vehicle.
(4) A motorized bicycle shall only be operated by a person 16 years of age or older.
(5) Every manufacturer of a motorized bicycle shall certify that it complies with the equipment and
manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission (16 C.F.R.
1512.1, et seq.).
(c) No person shall tamper with or modify a motorized bicycle described in subdivision (b) of Section 406 so
as to increase the speed capability of the bicycle.

When I pointed out the 16 years old requirement out to the parent of a 12 year old who built an ebike on the Ampedbikes.com forum she replied that she was a lawyer and her husband was a Judge. Of course that doesn't mean anything except that people no matter who they are will do what they want unless a law is enforced and no one is going to go after e-bikes unless given a good reason to do so. Speeding along bike paths at hyper-normal cyclist speeds or getting yourself or someone else killed on one is what will draw attention to powerful e-bikes and will eventually spawn new laws and enforcement efforts, until then enjoy because no one gives a hoot.

-R

 

[Sheriff Jon]

Here is a link to the California laws

When I pointed out the 16 years old requirement out to the parent of a 14 year old who built an ebike on the Ampedbikes.com forum she replied that she was a lawyer and her husband was a Judge. Of course that doesn't mean anything except that people no matter who they are will do what they want unless a law is enforced and no one is going to go after e-bikes unless given a good reason to do so. Speeding along bike paths at hyper-normal cyclist speeds or getting yourself or someone else killed on one is what will draw attention to powerful e-bikes and will eventually spawn new laws and enforcement efforts, until then enjoy because no one gives a hoot.

-R

Well said ...:clap:

As I see it, manufactures may need to comply to certain laws and guidlines to legally produce/sell an electric powered/assisted bicycle, but basicly power assisted bikes (either electric or gas) are not yet a legal problem, therefore there are few laws or restrictions on their 'use', and for the most part, unless the rider is being a nusience, the Police pay little attention to E-bikes.

Bottom line....be smart, wear a Helmet, ride in a bike lane when on public roads, stay off sidewalks whenever possible, and if riding on a bike path or trail....ride with respect for ALL other people who may also use and have LEGAL access to said path or trail. Don't become a/the problem which could force clearer definitions and restrictions on power assisted bicycle use, because....see sig below :wink:

 

[morph999]

Just don't go over about 25 mph and you won't have a problem. The speed limit for e-bikes in my state is 25 mph. The cops don't even give me a look at all. I doubt anyone will bother you. I regularly do 30 mph down the main street here in my city and I've never had a problem. I did 37mph down one street. lol. I think people tend to worry too much about the laws when it comes to e-bikes. Out of the thousands of people who have e-bikes, have we even got one person who has had their bike taken away or been fined? I can't recall any.

 

[dogman dan]

Some counties in florida have had trouble with the scooter type ebikes. The ones with pedals useless for anything except for making them a legal ebike. But deputy Barney Fife doesn't get it and wants the thing to have a licence plate, but down at DMV they have catch 22 regulations that prevent getting a plate. I vaguely remember some kind of beef in Canada too, also involving the looks like a scooter ebikes.

So ride a real ebike, that looks like a bike, and end of problems. Unless of course, you put 72v 100 amps onto an x5, and while writing your initials in rubber on the bike trail, you whack the jogger with a baby carriage. Then they will sue you for every dollar you make for the rest of your life...... So ride nice around other people, no matter what your wattage is, and keep the lawyers off our backs. If you ride nice and don't look like a motorcycle, nobody is going to question your wattage.

Here in New Mexico we have it good, the laws are minimal and easy to understand. Below 20 mph, bicycle, 20-25 moped so you need any kind of drivers licence. Above that, motorcycle so get legal for the street, but do anything you want off pavement exept ride without a helmet if you are a kid.

 

[vanilla ice]

I agree with all in the last few posts. If you want to go faster, go faster. Nothing wrong with 20mph either though if you want to be a goodie2shoes. For this out of shape dude 20mph seems pretty darn good. Don't last very long at 20mph on the pedal bikes, thats for sure. Doesn't bother me on them.

 

[oatnet]

Motorized Bicycle (Defined) (See Also Sections 231 and 39000 Above & 24016 Below)
406.

(a) A "motorized bicycle" or "moped" is any two-wheeled or three-wheeled device having fully operative
pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an
automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of
propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

(b) A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and
has an electric motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device when human power is used to propel the
motorized bicycle faster than 20 miles per hour.

Russell, good link, but you only excerpted half of section 406, so I included the whole thing above. There are (2) types of ebikes

Type A:
Can be 1500w (2hp)
No more than 30mph
Pedals are optional if it is 100% electric
Requires 'moped registration'
Requires M2 (or M1) license

Type B:
Can be 1000w (1.33hp)
No more than 20mph
Must have pedals
Does not require registration
Does not require license if you are an adult.

There are different licensing requirements for non-adults, which don't affect me so I have not researched them.

I have ridden ebikes up to 45mph, and I used to build for speed. Like most california laws (stop before right-on-red, speed limits on highways, etc), as long as you are not doing something that makes you stand out, you probably won't get hassled. If you do, you will get a ticket.

However, I messed up some ribs in a low-speed fall, and that made me re-think my quest for speed, because when (not if) something happens on an ebike at 20mph you can get hurt bad and maybe die, but at 45mph, you will most likely die. Now when I commute, I only do so at legal speed limits (aka 20mph). I still do higher speeds sometimes when testing things, but that is in controlled situations when I am focusing on the risks, not other commuters. 20mph is really good enough for most of my needs. The problem is when you build a bike powerful enough to climb the hills in my area, it also tends to be fast, and sometimes it is hard to regulate speed.

Oh, and if your type A looks like a scooter you will get kicked off bike paths and ticketed. If your type b looks like a bike you can probably get away with it, as long as you aren't doing something that makes you stand out.

No matter WHAT speed you are going, wear an approved helmet.

-JD

PS - the pedal-assist-only guy was not as knowledgeable as he thought he was - he is 100% wrong, there is nothing in the code that describes that. The throttle does need to auto-return, and I think you need brake cutoffs with a throttle.

 

[Jerome Daoust]

I've been collecting links on regular and electric bike laws:
ExpandingKnowledge: Bike Laws

-- The other JD

 

[dogman dan]

Jut nit picking here, but the california law says ebrakes, OR a throtte that shuts off when released. So if your throttle has a spring, ebrakes would be optional.

It's hard to decipher this stuff, real easy to get mixed up in the words and vs or etc. You should see pilots argue over the Federal Air Regulations. Really written in gobbleygook.

Another thing that doesn't help any at all, is that localites like counties or citys can have thier own bizarrely different rules. So one city bike path is ok, while anothers may not.

 

[halfawake454]

I always thought 20mph was kind of silly. I mean I can ride my road bike constant at 26-27 miles for quite some time. The fastest I've gotten under my own power on flat ground/no wind was 30.6mph. I think the speed limit is just there to have some type of order. Really what it is saying is, don't be an idiot and be going 75mph down the road (like that cyclone one I seen on youtube).

 

[dogman dan]

Yes, but you are a 1% er. Most humans can't ride that fast at any time in thier life, and none of them can while drunk or sleepy. But you can hop on an ebike shitfaced, and if you have the power, roar off at 30 mph. Stupid limits for stupid people, like most laws.