Diane Papan

Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. Existing law classifies electric bicycles into 3 classes with different restrictions. Existing law defines a "class 1 electric bicycle" as a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour. Existing defines a "class 2 electric bicycle" as a bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Existing law defines a "class 3 electric bicycle" as a bicycle equipped with a speedometer and a motor that, in pertinent part, provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. A violation of the Vehicle Code is a crime.

This bill would instead define a class 1 electric bicycle as a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, and that ceases to provide assistance when the bicycle reaches the speed of 16 miles per hour. The bill would define a class 2 electric bicycle as a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 16 miles per hour. The bill would provide that, notwithstanding these definitions, an electric bicycle manufactured prior to January 1, 2027, that was equipped with a motor that is not capable of exceeding 750 watts of continuous power and otherwise met the legal requirements for the relevant class at the time of manufacture shall retain its classification.

This bill would authorize a cargo electric bicycle to be equipped with an electric motor with a maximum continuously rated power of 750 watts. The bill would define a cargo electric bicycle as an electric bicycle that is built with a reinforced frame and integrated rack or platform designed to transport goods or additional persons.

This bill would prohibit a manufacturer from equipping, and a retailer from offering for sale or advertising, any device labeled as an electric bicycle with a motor that is capable of exceeding 750 watts of peak power. The bill would also prohibit a manufacturer from equipping, and a retailer from offering for sale or advertising, any device labeled as a class 1 or class 2 electric bicycle with a motor that is capable of exceeding 250 watts of continuous power or that is capable of providing assistance to reach speeds greater than 16 miles per hour. The bill would make a violation of these provisions punishable by a civil penalty not to exceed $15,000 for a first violation and not to exceed $50,000 for each subsequent violation, upon an action brought by the Attorney General, a city attorney, a county counsel, or a district attorney. The bill would specify that a violation of this provision is not a criminal offense.

Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle, and authorizes a peace officer to remove the electric bicycle being operated by the person. Existing law requires an agency to release a seized electric bicycle to the owner, violator, or their agent after a minimum of 48 hours if certain conditions are met, including that the costs of removal, seizure, and storage have been paid. Existing law authorizes an agency to require, as a condition of release of an electric bicycle removed under this provision, proof that the violator has completed an electric bicycle safety and training program or a related local bicycle safety course, as described.

This bill would prohibit a person under 16 years of age from operating an electric bicycle with a motor that is capable of exceeding 250 watts of continuous power, and would authorize a peace officer to remove the electric bicycle that is being operated by the person. The bill would authorize an agency to require proof that the violator has completed an electric bicycle safety and training program or a related local bicycle safety course, as described, as a condition of release of the electric bicycle. Because a violation of this prohibition would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.