Catherine Blakespear

Existing law governs the operation of motor vehicles and other devices, including, among other things, motor-driven cycles and motorized bicycles or mopeds. A violation of the Vehicle Code is a crime.

This bill would revise the definitions of the above-described devices and refer to motorized bicycles as mopeds or low-power mopeds, as specified. The bill would, commencing July 1, 2026, require manufacturers and distributors of low-power mopeds to apply an etching, an engraving, or a label that is permanently affixed to each low-power moped that contains, among other things, a statement that the device is a low-power moped and not an electric bicycle. The bill would set forth provisions governing the operation of low-power mopeds, including, among other things, licensing and helmet requirements. The bill would exempt low-power mopeds from being classified as motor vehicles, thereby exempting these devices from specified financial responsibility, registration, and license plate requirements. The bill would authorize a local authority to regulate the parking and operation of low-power mopeds on local streets and highways, as specified. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.

Existing law also governs the operation of electric bicycles and requires manufacturers and distributors of electric bicycles to apply a label that is permanently affixed to each electric bicycle that contains, among other things, the classification number of the electric bicycle, as specified. Existing law prohibits specified vehicles from being advertised, sold, offered for sale, or labeled as electric bicycles, including a vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone or to have motor power of more than 750 watts. Existing law prohibits the sale of a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle.

This bill would, commencing July 1, 2026, revise the labeling requirements described above to require manufacturers and distributors to apply an etching, an engraving, or label that is permanently affixed to each electric bicycle that contains additional information, including the brand name and manufacturer or distributor of the electric bicycle. The bill would revise the above-described list of vehicles prohibited from being advertised, sold, offered for sale, or labeled as electric bicycles, as specified, and include on the list, among other things, a vehicle that is capable of providing assistance when the bicycle reaches a speed exceeding 28 miles per hour. The bill would require any incident report filed by a peace officer for an injury or crash involving an electric bicycle to include all of the information provided in the etching, engraving, or label described above or to indicate that a marking was not available. The bill would, commencing January 1, 2026, require any product or device sold in the previous 5 years as an electric bicycle that no longer meets the definition of electric bicycle as of January 1, 2026, to be subject to a written customer notification by the retailer or manufacturer that includes among other things, notification that the product or device no longer meets the definition of an electric bicycle under state law. Because the bill would impose new requirements for electric bicycles, the violation of which would be a crime, the bill would impose a state-mandated local program.

The bill would also prohibit 2-wheeled or 3-wheeled devices from operating on any highway or public right-of-way unless the device meets the definition of a device that is explicitly defined in, and authorized for use on a highway or public right-of-way by, the Vehicle Code. The bill would authorize 2-wheeled or 3-wheeled devices that do not meet the above requirements to only be operated on private property or in off-highway environments, as specified. Because a violation of these provisions 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.