California has led the nation in the adoption of electric bicycles, helping more people than ever before to transition from cars to smaller and more efficient transportation alternatives. However, the proliferation of electric bikes has also led to a rise in high-powered models that flaunt the established e-bike rules, which are often used on public roads and bike paths to the dismay of many local residents.
A new law that came into effect this week has also clarified which electric bikes are legal on the road and which are not.
The law is intended to address the growing number of high-powered electric bikes, many of which use traditional electric bike components but are able to achieve speeds and power levels that give them performance close to that of mopeds and light motorcycles.
This situation has led to a lot of debate about the term “e-bike” and the regulatory term “electric bicycle”. The main question is whether increasing the power and speed of such bikes will push them out of the area of bicycles and into the class of mopeds and motorcycles. That distinction is important since the legal classification of “electric bicycle” provides for such bicycles to be used in a much wider range of areas, including public roads and bicycle paths, and dispenses with the need to mark, title, or insure electric bicycles. .
SB No. 1271 was signed into law last year and went into effect on January 1, 2015. The bill includes several new e-bike regulations, including fire safety regulations and third-party safety certification requirements that will go into effect in the future. a few years, and further tightening of the three-stage e-bike system to limit which electric bikes can include hand throttles.
However, near the end of the new law is a three-line section that clearly defines what vehicles are considered “electric bicycles” under California law.
The following vehicles are not electric bicycles under this code and shall not be advertised, sold, sold, or labeled as electric bicycles:
(1) A two- or three-wheeled vehicle powered by an electric motor intended by the manufacturer to be capable of being modified to reach a speed of more than 20 miles per hour on the vehicle's own power or to receive more than 750 watts of power.
(2) A motor vehicle modified to reach a speed of more than 20 miles per hour by motor power alone or having a motor power of more than 750 watts.
(3) Geared motor to remove active pedals.
Three points are used to exclude vehicles from the legal definition of an electric bicycle in California. This will not make these bikes “illegal” forever, as they can still be sold, bought, and ridden in California, just not as “electric bikes”. However, it may be legal to use on public roads or cycle paths, where it is not permitted or not properly registered.
This affects not only how such vehicles can be marketed, but also where and how they can be driven. Powered e-bikes that now fall outside the regulatory term “electric bikes” can still be used off-road on private property or where permitted, and may be ridden on public roads if they are properly registered as mopeds or motorcycles, although that may also be required. e-bikes to meet the regulations of those vehicle categories.
Principle 1: E-bikes are designed to be unlocked for maximum power or traction speed
The first provision covered in the new law copied above applies to e-bikes designed by the manufacturer to be capable of being converted to travel faster than 20 mph (32 km/h) with vehicle power alone (ie by using a hand throttle that requires no pedaling input), or providing more than 750 watts of power. To be clear: This does not make e-bikes that go over 20 mph illegal (they can still go up to 28 mph with the help of the pedal) but rather targets those that can only achieve such speeds by pushing.
Most electric bikes in the US, even those capable of speeds above 20 mph, travel in what is known as Class 2 Mode, which includes having a software-limited top speed of 20 mph on the throttle and/or pedal assist. However, it is common for most electric bikes to be easily “turned on” by the user, usually requiring just a few seconds to change the settings on the bike's digital display. This opening often allows riders to go faster with pedal assist, usually up to 28 mph (45 km/h), and in some cases it opens that faster speed in riding only.
Most mainstream electric bike brands in the US still set the throttle-only speed to 20 mph, even if the e-bike is “turned on” by the user, meaning they won't run afoul of the new law based on high-speed pedal assist. to work. However, a few brands allow riding at maximum throttle speeds above 20 mph, and these e-bikes will no longer be classified as electric bikes in California, even when in a locked position at a speed limit of 20 mph. As the law is written, those e-bikes cannot be considered electric bikes in California because they are designed not to go faster than 20 mph on throttle-only.
Additionally, any e-bike that can be tuned to provide more than 750W (one horse power) will now fall outside California's electric bike restrictions. This regulation, based on power rather than speed, is actually a very wide net that will likely catch many – if not most- of the electric bikes currently on the road. There has long been a 750W limit for bikes in the US, but this has traditionally been considered a progressive power limit. The peak power of such bikes is usually high, usually staying in the 900-1,300W range. California's new law removes the word “continue” from the regulation, meaning that motors that can briefly exceed a 750W motor (ie most 750W motors), will now fall outside the e-bike regulations.
Principle 2: E-bikes are optimized for maximum power or traction speed
While the first provision above determined that any e-bikes intended to be opened to a throttle-powered speed of more than 20 mph or to provide more than 750W of power are no longer classified as electric bikes, the second provision includes modified e-bikes. in those parameters and without the intention of such modification.
This is the smallest category of ee bikes and usually features custom or DIY builds. Many e-bikes capable of operating at performance levels are now controlled outside of the e-bike category and are simply reconfigured using the manufacturer's adjustable settings menu on the e-bike. But some riders use other methods to increase the power of the bike, such as replacing the motors or controls with other faster and more powerful ones.
The second provision in the law targets these types of bicycles, which were not intended to be adapted for high speed and power levels, but were customized to do so anyway.
Rule 3: No pedals, no bikes
The third provision simply clarifies the pedal rule: To be considered an electric bicycle, an e-bike must have active pedals.
That does not mean that if an e-bike has pedals it is automatically considered an electric bicycle, but only that the lack of such pedals eliminates its status as an electric bicycle under the new rules.
This has been happening for a long time, but it's only been made more specific in the new law to cover e-bikes that once had active pedals removed.
The details of the new e-bike law do not mark a major change for California, which has long operated a three-tier e-bike system. However, it means cracking down on e-bikes that flaunt those rules by clearly labeling their out-of-class status and removing their ability to pass as electric bikes, legally speaking.
Riders of Sur Ron style bikes, including Talarias and other models that function as dirt bikes, have long known that their bikes could be legally classified as electric bikes. But nowMany electric bikes look traditional, including some that go well-known manufacturers, may find themselves on the wrong side of the law. This will be especially true in cases where e-bikes are designed to look and function like regular electric bikes, but can only reach speeds of 28 mph on the throttle.
What do you think of California's new bike laws? Let's hear your thoughts in the comments section below.
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