# California "Electric Bicycle" Facts



## Whiptastic (Mar 14, 2016)

I know this has been discussed many times here with a wide range of views. Thanks to Moe Ped's recent posts that encouraged me to go read AB1096 for myself. Here it is in all its' glory.

Source: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1096

*Assembly Bill No. 1096*CHAPTER 568
An act to amend Sections 406, 12804.9, 21113, 21207.5, and 24016 of, and to add Sections 312.5 and 21213 to, the Vehicle Code, relating to vehicles.

[ Approved by Governor October 07, 2015. Filed with Secretary of State October 07, 2015. ] 

LEGISLATIVE COUNSEL'S DIGEST​
AB 1096, Chiu. Vehicles: electric bicycles.

Existing law defines a "motorized bicycle" or a "moped" as a 2-wheeled or 3-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 motor, as specified.

Existing law also defines a "motorized bicycle" as a device that has fully operative pedals for propulsion by human power and has an electric motor that meets specified requirements. Existing law requires a motorized bicycle, as described by this definition, to comply with specified equipment and manufacturing requirements. Existing law also imposes specified requirements relating to the operation of bicycles. A violation of the Vehicle Code is a crime.

This bill would delete the latter definition of a "motorized bicycle." The bill would define an "electric bicycle" as a bicycle with fully operable pedals and an electric motor of less than 750 watts, and would create 3 classes of electric bicycles, as specified. The bill would require manufacturers or distributors of electric bicycles to affix a label to each electric bicycle that describes its classification number, top assisted speed, and motor wattage. The bill would require every electric bicycle manufacturer to certify that it complies with specified equipment and manufacturing requirements. The bill would also require an electric bicycle to operate in a manner so that the electric motor disengages or stops functioning when brakes are applied, *or* in a manner so that the release or activation of a switch or other mechanism disengages or stops the electric motor from functioning.

The bill would require a person riding an electric bicycle to comply with the above-described requirements relating to the operation of bicycles. The bill would prohibit persons under 16 years of age from operating a class 3 electric bicycle. The bill would also require persons operating, or riding upon, a class 3 electric bicycle to wear a helmet, as specified. *The bill would prohibit the operation of a class 3 electric bicycle on specified paths, lanes, or trails, unless that operation is authorized by a local ordinance.* The bill would also authorize a local authority or governing body to prohibit, by ordinance, the operation of class 1 or class 2 electric bicycles on specified paths or trails. The bill would prohibit a person from tampering with or modifying an electric bicycle to change its speed capability, unless he or she appropriately replaces the classification label. The bill would specify that a person operating an electric bicycle is not subject to financial responsibility, driver's license, registration, or license plate requirements. The bill would also make conforming changes.

This bill would incorporate additional changes to Section 21113 of the Vehicle Code proposed by AB 604 that would become operative only if this bill and AB 604 are both chaptered, and this bill is chaptered last.

Because the bill would create new requirements regarding electric bicycles, the violation of which 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.

Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES 

The people of the State of California do enact as follows:

*SECTION 1.*
 Section 312.5 is added to the Vehicle Code, to read:
*312.5.*

 (a) An "electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.

(1) A "class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

(2) A "class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," is 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.

(3) A "class 3 electric bicycle," or "speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that 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, and equipped with a speedometer.

(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.

(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.

*SEC. 2.*
 Section 406 of the Vehicle Code is amended to read:
*406.*
 (a) A "motorized bicycle" or "moped" is a 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 that produces less than 4 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) Every manufacturer of a motorized bicycle or moped, as defined in this section, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements:

(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.

(2) The disclosure shall include the following language in capital letters:

"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."

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So my take is, a Class 1 or Class 2 is permitted anywhere a bicycle can be ridden "unless" it is stated otherwise. A Class 3 can't be ridden on bike specific trails "unless" specifically stated they can be (at least that's my read for the Class 3 28mph E-bikes).

A throttle is "not" an issue, it just makes a Class 1 a Class 2.

Brakes power cut-off is "not" required; it can have another method of power cut-off.

Are manufacturers actually labeling the bikes they sell?

Are retailers actually providing the stated insurance disclosure as specified?

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In California it appears the Lycra Roadies and MTBer's that have been complaining about Class 3 electric bikes, motorized bicycles (which includes Class 3 "type" ebike with a throttle) and mopeds (3 different types of bikes) on the trails have a valid argument, unless local ordinances state otherwise. The Class 3 with a 28mph limit appears to have to be "pedal-assisted" only to be within California Electric Bicycle classification. If a Class 3 has a throttle, then it appears to fall into the "Motorized Bicycle" category along with Mopeds.

This could be why there has been confusion about throttles here in California. The key is a maximum of 750W and a speed limit of 20mph for "bicycle" access to existing trails, UNLESS a specific ordinance is in place restricting them.

Again, it appears the Class 3 750W 28mph limited must be pedal-assist ONLY and is NOT granted access to exiting bicycle trail UNLESS a specific ordinance is in place to allow them.

This kills any desire for me to own a Class 3 or anything with more than 750W and powered speeds of over 20mph. I ride where there are no cars, not with cars (if at all possible).

This doesn't look good for companies like Luna that are pushing anything but a Class 1 or 2.

=

I continue to be amazed at the amount of quality thought that went into California AB1096.They defined the classifications, gave access to 750W 20mph limited electric bicycles and left it up to the local ordinances to op them out.Likewise, they excluded greater than 750W and faster than 20mph electric bicycles (that have to be pedal-assist only to even be considered an electric bicycle) and left it up to the local ordinances to op them in.All other power assisted bicycles are either a motorized bicycle or moped. 

PURE GENIUS!

That's my take on it all here in California&#8230;


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## Moe Ped (Aug 24, 2009)

Now you know!

BTW Moe Ped does have an electric moped; several ICE motos, a couple of legit e-bikes, a half dozen real bicycles and will even ride a horse when forced.


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## Whiptastic (Mar 14, 2016)

Thanks Moe Ped! This sure cuts through all the BS out there.

For the most part I'm with you, even regarding horses. They've never been my thing, but for some reason the ladies seem to love them, so I've been know to tag along to humor them.


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## Harryman (Jun 14, 2011)

Whiptastic said:


> I continue to be amazed at the amount of quality thought that went into California AB1096.They defined the classifications, gave access to 750W 20mph limited electric bicycles and left it up to the local ordinances to op them out. Likewise, they excluded greater than 750W and faster than 20mph electric bicycles (that have to be pedal-assist only to even be considered an electric bicycle) and left it up to the local ordinances to op them in.All other power assisted bicycles are either a motorized bicycle or moped.


For a little background, they simply adopted the Pedelec definition from the EU for Class 1, the UK definition for Class 2, and the EU Spedelec definition for Class 3, with updating the 15.5mph limits to 20 and 750w across the board per the existing federal CPSA.

P4B has told me that they screwed up allowing any mention of trails in the legislation, which they have removed from subsequent bills, but I'm not entirely sure I belive their intentions aren't to keep it vague. Since the law only applies to Class I-IV bikeways, access to singletrack trails, just like before this bill passed, is solely up to the agencies that manage them. Feel free to email Morgan if you don't believe me, she'll respond.

http://b.3cdn.net/bikes/59ea4b73c415907426_uxm6iyv9u.pdf

https://www.imba.com/blog/supporter/california-electric-mountain-bike-law

California's New Road Laws - Los Angeles County Bicycle Coalition

Here's a definition of Class I-IV for those that are interested, section 890.4 is what you want.

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB1193

Regardless, in CA, it's hard to argue with anyone that doesn't realize its a Caltrans law, that if you want to ride an ebike on any singletrack trail that's not specifically closed to ebikes, AB1096 doesn't let you do it. Sort of.


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## Moe Ped (Aug 24, 2009)

Harryman said:


> For a little background, they simply adopted the Pedelec definition from the EU for Class 1, the UK definition for Class 2, and the EU Spedelec definition for Class 3, with updating the 15.5mph limits to 20 and 750w across the board per the existing federal CPSA.
> 
> P4B has told me that they screwed up allowing any mention of trails in the legislation, which they have removed from subsequent bills, but I'm not entirely sure I belive their intentions aren't to keep it vague. Since the law only applies to Class I-IV bikeways, access to singletrack trails, just like before this bill passed, is solely up to the agencies that manage them. Feel free to email Morgan if you don't believe me, she'll respond.
> 
> ...


I'm giving you a C-; you missed the 28 mph for class 3 and "only applies to Class I-IV bikeways" is what the wishful thinkers (IMBA, P4B) had hoped for, not how the law was enacted.


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## andytiedye (Jul 26, 2014)

Harryman said:


> access to singletrack trails, just like before this bill passed, is solely up to the agencies that manage them....


Says so right in the text. The endless argument is over what rules apply by default. That is one for the courts to hash out.

Seems to me that any land management agency that bans ebikes ought to make that clear with signage and by other means. Looks like the Legislature thought so too.



Harryman said:


> Regardless, in CA, it's hard to argue with anyone that doesn't realize its a Caltrans law, that if you want to ride an ebike on any singletrack trail that's not specifically closed to ebikes, AB1096 doesn't let you do it. Sort of.


By "Caltrans law" you mean that it is part of the vehicle code?
Where else would you expect to find legal definitions for classes of vehicles?

"Anything with a motor" is not a legal definition.


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## Klurejr (Oct 13, 2006)

andytiedye said:


> By "Caltrans law" you mean that it is part of the vehicle code?
> Where else would you expect to find legal definitions for classes of vehicles?


Most people looking for information about Dirt/unpaved Single Track trail access rules n regulations are not going to think of the Vehicle code. Most rational people think of the vehicle code as pertaining to Vehicles that use the paved streets.


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## andytiedye (Jul 26, 2014)

Klurejr said:


> Most people looking for information about Dirt/unpaved Single Track trail access rules n regulations are not going to think of the Vehicle code. Most rational people think of the vehicle code as pertaining to Vehicles that use the paved streets.


If those regulations use terms like "motorized bicycle'', they either have to define those terms IN the regulations themselves, incorporate the CVC definition by reference, or leave everyone to guess at their intent.


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## WoodlandHills (Nov 18, 2015)

Klurejr said:


> Most people looking for information about Dirt/unpaved Single Track trail access rules n regulations are not going to think of the Vehicle code. Most rational people think of the vehicle code as pertaining to Vehicles that use the paved streets.


 I thought the vehicle code governed such things as right of way at trail crossings in case of collisions and that sort of thing. Is it a convention to ride on the right-hand side of the trail when another rider approaches in the opposite direction or is it an obligation? It is probably more a matter of case law, but what is the answer? If liability can be assigned there must be some sort of rules.


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## richj8990 (Apr 4, 2017)

(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is 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.

(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that 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, and equipped with a speedometer.



So basically if I bought a decent rear-wheel conversion kit for my 26" bike, and the kit didn't have a speedometer, then the bike would be considered to be class 2, correct?


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## Moe Ped (Aug 24, 2009)

richj8990 said:


> (1) A "class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
> 
> (2) A "class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," is 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.
> 
> ...


It still needs to cut assist power at 20 mph; so the controller will need some sort of wheel speed input. (Halfway to having a speedometer) There's also the following requirement; so far none of the kits that I've purchased have contained this labeling:

_"(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type."_


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## WoodlandHills (Nov 18, 2015)

richj8990 said:


> (1) A "class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
> 
> (2) A "class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," is 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.
> 
> ...


 You could use a cheap gps mounted on the handlebars as a speedo. You could also gear your bike so that the top speed is 20mph if you did not want to make changes in the bikes electronics to be Class 1 legal. Class 3 would need to be geared to a maximum of 28 mph. This only applies to mid-drives, a hub motor is not affected by the bikes gearing for this purpose.


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## WoodlandHills (Nov 18, 2015)

Moe Ped said:


> It still needs to cut assist power at 20 mph; so the controller will need some sort of wheel speed input. (Halfway to having a speedometer) There's also the following requirement; so far none of the kits that I've purchased have contained this labeling:
> 
> _"(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type."_


 I do not believe this applies to the DIY home built conversion market as a guy at home putting a motor on his MTB is neither a manufacturer nor a distributor. It may come into play if he is building and selling converted bikes from a home based business.....


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## Moe Ped (Aug 24, 2009)

WoodlandHills said:


> I do not believe this applies to the DIY home built conversion market as a guy at home putting a motor on his MTB is neither a manufacturer nor a distributor. It may come into play if he is building and selling converted bikes from a home based business.....


I would think it does; perhaps a bit remote to use as an example but when you build your own aircraft at home ("experimental") and go to register it to make it legal to fly the "homebuilder" becomes the "manufacturer". At least back in the day it included kit-built aircraft too. The builder's name would come first followed by the name of the kit.


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