California is known for being a great place to ride bikes and motorcycles. Parts of California are also known for being extremely hilly, so it’s no surprise that electronic bikes have become more popular. Many people love them because they allow you to ride faster and longer due to the support of the motor.
As technology advances, so does the law in many cases. At Venerable Injury Law, our Los Angeles bicycle accident lawyer stays up to date on California e-bike laws, and this is only a small part of our dedication to delivering gentle and compassionate client care while holding opposing parties accountable. This allows us to provide a strong case to recover losses if you have been injured in an e-bike accident.
Defining eBikes
To understand the laws governing e-bikes, it is crucial first to understand how California legally defines one. An electric bicycle is categorized differently than a motorized bicycle or motor-driven cycle. According to the California motorcycle handbook, an e-bike has fully operable pedals and an electric motor of not more than 750 watts.
These bikes fall under three categories:
- Class 1: Low speed and pedal assisted. This e-bike is equipped with a motor that only provides assistance when the rider is pedaling and stops when the bike reaches a speed of 20mph.
- Class 2: Low speed and throttle assisted. This e-bike has a motor that is explicitly used for propulsion and is unable to provide assistance when a speed of 20mph is reached
- Class 3: Speed and pedal-assisted. This type of e-bike is equipped with a speedometer and a motor that provides assistance only when the rider is pedaling but will do so until a speed of 28 mph is reached
Class 3 Requirements
Class three electric bikes have their own set of requirements separate from classes one and two. For this type of e-bike, you must be at least 16 years old, and all riders and passengers must wear a helmet regardless of age. However, you can ride in the bicycle lane if your local jurisdiction allows it.
e-Bike Exemptions
Prior to Assembly Bill 1096, the California motorcycle handbook cited above states that e-bikes were classified as mopeds. This classification, per the California Department of Motor Vehicles (DMV), also meant they were considered a type of motor vehicle and required a one-time registration, a motorcycle license, and a designated license plate. With the 2016 change, e-bikes are now classified as bicycles, meaning they are exempt from needing a license, insurance, or registration and license plate.
Distinguishing eBikes
The California DMV has several categories of two-wheeled vehicles. These are typically distinguished by their speed capabilities and motor size. The key to an e-bike is the top speed of 28 miles per hour, while something like a motorized bicycle or moped has a maximum speed of 30mph. A motor-driven cycle is a motorcycle that has a motor producing fewer than 150cc of power and frequently is not street legal under the motor vehicle or e-bike law in California.
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Implications for Riders
Some may wonder how the California e-bike laws will affect them. The calbike.org guidance for agencies explains that one of the main functional changes is that the new classification will allow e-bike riders to utilize bike paths. Previous e-bike laws in California classified e-bikes under mopeds, meaning they were unable to use bike paths even though they function more similarly to bicycles.
These new requirements may cause confusion among consumers, riders, and law enforcement regarding what kind of bike is being used and, therefore, how it may be legally used. The 2016 electric bike bill has a solution to provide clarity. As of January 1, 2017, manufacturers and distributors are required to provide a permanently attached label to the e-bike detailing the below:
- Classification number
- Top assisted speed
- Motor wattage
Gray Areas
The labeling requirements and speed capability maximums introduce some gray areas for some two-wheeled electric vehicles. For example, some may be advertised as ‘offroad’ or have an off-road setting that allows the speed to exceed 28 mph or may not clearly list the top speed in advertisements. While these are not necessarily illegal to purchase, they may not be street-legal to ride according to California e-bike laws.
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e-Bike Riding Laws
Under current legislation, e-bikes are subject to the same road laws as bicycles. According to the California DMV, cyclists must indicate turns using hand signals and stop at stop signs and red lights. They are also required to follow all right-of-way rules as if they were vehicles.
Helmet laws vary state by state, and in California, they are required for all parties under the age of 18. The requirement for traditional bicycles and class one and two e-bikes is the same. However, like a motorcycle, a class three e-bike means that you must wear a helmet regardless of age.
Beyond the laws, the DMV explains that you are also advised against trying to cross an intersection on a yellow light unless you are certain you can make it across before it turns red. It is also suggested that you make a left turn by using the crosswalk as if you were a pedestrian, which is legal. Further, it is advised to keep a safe distance from any street parked cars as you ride by in case they suddenly open their doors, causing an accident with your eBike and resulting in injury.
Enjoying Your E-bike
The adjustments to California e-bike laws have made riding for pleasure more accessible by decreasing the monetary requirements, like insurance and registration. Beyond that, it has increased the number of available places to ride by allowing e-bike riders to ride on bike trails. The key to being able to ride safely and legally is to pay attention to the DMV website and stay up to date on the requirements in your local areas.
While you can ride legally and do everything right, that doesn’t always prevent accidents. If someone else’s negligence has caused an accident and significant injury, don’t hesitate to reach out to us at Venerable Injury Law. We can schedule a free case consultation and discuss your legal options.
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