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| 1 | - | Amended IN Senate | |
| 1 | + | Amended IN Senate March 25, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 455Introduced by Senator BlakespearFebruary 19, 2025 An act to amend Sections 312.5 and 24016 of, and to add Section 21065 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 455, as amended, Blakespear. Electric motorcycles and electric Electric bicycles.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, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law 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. A violation of the Vehicle Code is a crime.This bill would, commencing July 1, 2026, revise the labeling requirements described above to require manufacturers and distributors to apply an etching, engraving, or label that is permanently affixed skyward on the frame of the electric bicycle and 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 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.Existing law defines and regulates the use of an electric bicycle, motorcycle, motor-driven cycle, motorized bicycle or moped, and motorized quadricycle or tricycle. A violation of the provisions regulating the use of these devices is generally an infraction, unless otherwise provided.This bill would state the intent of the Legislature to enact legislation relating to electric motorcycles and electric bicycles.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 312.5 of the Vehicle Code is amended to read:312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, engraving, or a label that is permanently affixed to each electric bicycle. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, 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.(d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:(1) A vehicle with motor power of more than 750 watts.(1)(2) A vehicle with two or no more than three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. alone.(2)(3) 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. alone.(3)(4) A vehicle that is modified to have its operable pedals removed.(5) A vehicle that is capable of providing assistance when the vehicle reaches a speed exceeding 28 miles per hour.(6) A vehicle that meets the definitions of Sections 400, 405, or 406.SEC. 2. Section 21065 is added to the Vehicle Code, to read:21065. Any incident report filed by a peace officer for an injury or crash involving an electric bicycle shall include all of the information provided on the marking described in subdivision (c) of Section 312.5. If the electric bicycle does not have the marking, the incident report shall indicate that a marking was not available.SEC. 3. Section 24016 of the Vehicle Code is amended to read:24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell 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 under subdivision (a) of Section 312.5.(f) Commencing January 1, 2026, any product or device sold in the previous five years as an electric bicycle that no longer meets the definition of electric bicycle pursuant to Section 312.5 as of January 1, 2026, shall be subject to customer notification by the retailer or manufacturer of that product. The retailer or manufacturer shall provide written notification to affected customers, including by email, that the product or device no longer meets the definition of an electric bicycle under state law. If the product meets the current definition of another type of device under this code, the notice shall include that information and inform the customer that they may be required to meet additional legal requirements, including, but not limited to, registration and licensing.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation relating to electric motorcycles and electric bicycles. | |
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| 3 | + | Amended IN Senate March 25, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 455Introduced by Senator BlakespearFebruary 19, 2025 An act to amend Sections 312.5 and 24016 of, and to add Section 21065 to, the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTSB 455, as amended, Blakespear. Electric motorcycles and electric Electric bicycles.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, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law 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. A violation of the Vehicle Code is a crime.This bill would, commencing July 1, 2026, revise the labeling requirements described above to require manufacturers and distributors to apply an etching, engraving, or label that is permanently affixed skyward on the frame of the electric bicycle and 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 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.Existing law defines and regulates the use of an electric bicycle, motorcycle, motor-driven cycle, motorized bicycle or moped, and motorized quadricycle or tricycle. A violation of the provisions regulating the use of these devices is generally an infraction, unless otherwise provided.This bill would state the intent of the Legislature to enact legislation relating to electric motorcycles and electric bicycles.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
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| 5 | - | Amended IN Senate April 21, 2025 Amended IN Senate March 25, 2025 | |
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| 7 | - | Amended IN Senate April 21, 2025 | |
| 8 | 5 | Amended IN Senate March 25, 2025 | |
| 9 | 6 | ||
| 10 | - | ||
| 7 | + | Amended IN Senate March 25, 2025 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Senate Bill | |
| 15 | 12 | ||
| 16 | 13 | No. 455 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Senator BlakespearFebruary 19, 2025 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Senator Blakespear | |
| 21 | 18 | February 19, 2025 | |
| 22 | 19 | ||
| 23 | - | ||
| 24 | - | ||
| 25 | - | An act to amend Sections 312.5 312.5, 405, 406, and 24016 of, and to add Section Sections 406.5 and 21065 to, and to add Article 5.4 (commencing with Section 21240) and Article 9 (commencing with Section 21310) to Chapter 1 of Division 11 of, the Vehicle Code, relating to vehicles. | |
| 20 | + | An act to amend Sections 312.5 and 24016 of, and to add Section 21065 to, the Vehicle Code, relating to vehicles. | |
| 26 | 21 | ||
| 27 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 23 | ||
| 29 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 25 | ||
| 31 | - | SB 455, as amended, Blakespear. Electric bicycles. | |
| 26 | + | SB 455, as amended, Blakespear. Electric motorcycles and electric Electric bicycles. | |
| 32 | 27 | ||
| 33 | - | ||
| 28 | + | 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, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law 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. A violation of the Vehicle Code is a crime.This bill would, commencing July 1, 2026, revise the labeling requirements described above to require manufacturers and distributors to apply an etching, engraving, or label that is permanently affixed skyward on the frame of the electric bicycle and 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 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.Existing law defines and regulates the use of an electric bicycle, motorcycle, motor-driven cycle, motorized bicycle or moped, and motorized quadricycle or tricycle. A violation of the provisions regulating the use of these devices is generally an infraction, unless otherwise provided.This bill would state the intent of the Legislature to enact legislation relating to electric motorcycles and electric bicycles. | |
| 34 | 29 | ||
| 35 | - | Existing law | |
| 30 | + | 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, and requires electric bicycles to comply with specified equipment and manufacturing requirements. Existing law 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. A violation of the Vehicle Code is a crime. | |
| 36 | 31 | ||
| 37 | - | 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. | |
| 38 | - | ||
| 39 | - | 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, and requires electric bicycles to comply with specified equipment and manufacturing requirements. 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. A violation of the Vehicle Code is a crime. | |
| 40 | - | ||
| 41 | - | 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 skyward on the frame of the to each electric bicycle and 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. | |
| 42 | - | ||
| 43 | - | 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. | |
| 32 | + | This bill would, commencing July 1, 2026, revise the labeling requirements described above to require manufacturers and distributors to apply an etching, engraving, or label that is permanently affixed skyward on the frame of the electric bicycle and 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. | |
| 44 | 33 | ||
| 45 | 34 | 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. | |
| 46 | 35 | ||
| 47 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 48 | 37 | ||
| 38 | + | Existing law defines and regulates the use of an electric bicycle, motorcycle, motor-driven cycle, motorized bicycle or moped, and motorized quadricycle or tricycle. A violation of the provisions regulating the use of these devices is generally an infraction, unless otherwise provided. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 42 | + | This bill would state the intent of the Legislature to enact legislation relating to electric motorcycles and electric bicycles. | |
| 43 | + | ||
| 44 | + | ||
| 45 | + | ||
| 49 | 46 | ## Digest Key | |
| 50 | 47 | ||
| 51 | 48 | ## Bill Text | |
| 52 | 49 | ||
| 53 | - | The people of the State of California do enact as follows:SECTION 1. Section 312.5 of the Vehicle Code is amended to read:312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Section 312.5 of the Vehicle Code is amended to read:312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, engraving, or a label that is permanently affixed to each electric bicycle. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, 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.(d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:(1) A vehicle with motor power of more than 750 watts.(1)(2) A vehicle with two or no more than three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. alone.(2)(3) 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. alone.(3)(4) A vehicle that is modified to have its operable pedals removed.(5) A vehicle that is capable of providing assistance when the vehicle reaches a speed exceeding 28 miles per hour.(6) A vehicle that meets the definitions of Sections 400, 405, or 406.SEC. 2. Section 21065 is added to the Vehicle Code, to read:21065. Any incident report filed by a peace officer for an injury or crash involving an electric bicycle shall include all of the information provided on the marking described in subdivision (c) of Section 312.5. If the electric bicycle does not have the marking, the incident report shall indicate that a marking was not available.SEC. 3. Section 24016 of the Vehicle Code is amended to read:24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell 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 under subdivision (a) of Section 312.5.(f) Commencing January 1, 2026, any product or device sold in the previous five years as an electric bicycle that no longer meets the definition of electric bicycle pursuant to Section 312.5 as of January 1, 2026, shall be subject to customer notification by the retailer or manufacturer of that product. The retailer or manufacturer shall provide written notification to affected customers, including by email, that the product or device no longer meets the definition of an electric bicycle under state law. If the product meets the current definition of another type of device under this code, the notice shall include that information and inform the customer that they may be required to meet additional legal requirements, including, but not limited to, registration and licensing.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.It is the intent of the Legislature to enact legislation relating to electric motorcycles and electric bicycles. | |
| 54 | 51 | ||
| 55 | 52 | The people of the State of California do enact as follows: | |
| 56 | 53 | ||
| 57 | 54 | ## The people of the State of California do enact as follows: | |
| 58 | 55 | ||
| 59 | - | SECTION 1. Section 312.5 of the Vehicle Code is amended to read:312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, | |
| 56 | + | SECTION 1. Section 312.5 of the Vehicle Code is amended to read:312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, engraving, or a label that is permanently affixed to each electric bicycle. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, 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.(d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:(1) A vehicle with motor power of more than 750 watts.(1)(2) A vehicle with two or no more than three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. alone.(2)(3) 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. alone.(3)(4) A vehicle that is modified to have its operable pedals removed.(5) A vehicle that is capable of providing assistance when the vehicle reaches a speed exceeding 28 miles per hour.(6) A vehicle that meets the definitions of Sections 400, 405, or 406. | |
| 60 | 57 | ||
| 61 | 58 | SECTION 1. Section 312.5 of the Vehicle Code is amended to read: | |
| 62 | 59 | ||
| 63 | 60 | ### SECTION 1. | |
| 64 | 61 | ||
| 65 | - | 312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, | |
| 62 | + | 312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, engraving, or a label that is permanently affixed to each electric bicycle. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, 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.(d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:(1) A vehicle with motor power of more than 750 watts.(1)(2) A vehicle with two or no more than three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. alone.(2)(3) 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. alone.(3)(4) A vehicle that is modified to have its operable pedals removed.(5) A vehicle that is capable of providing assistance when the vehicle reaches a speed exceeding 28 miles per hour.(6) A vehicle that meets the definitions of Sections 400, 405, or 406. | |
| 66 | 63 | ||
| 67 | - | 312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, | |
| 64 | + | 312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, engraving, or a label that is permanently affixed to each electric bicycle. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, 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.(d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:(1) A vehicle with motor power of more than 750 watts.(1)(2) A vehicle with two or no more than three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. alone.(2)(3) 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. alone.(3)(4) A vehicle that is modified to have its operable pedals removed.(5) A vehicle that is capable of providing assistance when the vehicle reaches a speed exceeding 28 miles per hour.(6) A vehicle that meets the definitions of Sections 400, 405, or 406. | |
| 68 | 65 | ||
| 69 | - | 312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, an engraving, or a label that is permanently affixed to each electric bicycle. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, 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.(d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:(1) A vehicle with motor power of more than 750 watts.(2) A vehicle with no more than three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone.(3) A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone.(4) A vehicle that is modified to have its operable pedals removed.(5) A vehicle that is capable of providing assistance when the vehicle reaches a speed exceeding 28 miles per hour.(6) A vehicle that meets the definitions of Sections Section 400, 405, or 406. 406, or 406.5. | |
| 66 | + | 312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.(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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.(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) (1) On and after January 1, 2017, and until July 1, 2026, 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.(2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, engraving, or a label that is permanently affixed to each electric bicycle. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, 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.(d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:(1) A vehicle with motor power of more than 750 watts.(1)(2) A vehicle with two or no more than three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. alone.(2)(3) 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. alone.(3)(4) A vehicle that is modified to have its operable pedals removed.(5) A vehicle that is capable of providing assistance when the vehicle reaches a speed exceeding 28 miles per hour.(6) A vehicle that meets the definitions of Sections 400, 405, or 406. | |
| 67 | + | ||
| 68 | + | ||
| 70 | 69 | ||
| 71 | 70 | 312.5. (a) An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. | |
| 72 | - | ||
| 73 | - | ###### 312.5. | |
| 74 | 71 | ||
| 75 | 72 | (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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour. | |
| 76 | 73 | ||
| 77 | 74 | (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. | |
| 78 | 75 | ||
| 79 | 76 | (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, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. | |
| 80 | 77 | ||
| 81 | 78 | (4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour. | |
| 82 | 79 | ||
| 83 | 80 | (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. | |
| 84 | 81 | ||
| 85 | 82 | (c) (1) On and after January 1, 2017, and until July 1, 2026, 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. | |
| 86 | 83 | ||
| 87 | - | (2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, | |
| 84 | + | (2) On and after July 1, 2026, manufacturers and distributors of electric bicycles shall apply an etching, engraving, or a label that is permanently affixed to each electric bicycle. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, 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. | |
| 88 | 85 | ||
| 89 | 86 | (d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles: | |
| 90 | 87 | ||
| 91 | 88 | (1) A vehicle with motor power of more than 750 watts. | |
| 92 | 89 | ||
| 93 | - | ( | |
| 90 | + | (1) | |
| 94 | 91 | ||
| 95 | - | (3) A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone. | |
| 92 | + | ||
| 93 | + | ||
| 94 | + | (2) A vehicle with two or no more than three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. alone. | |
| 95 | + | ||
| 96 | + | (2) | |
| 97 | + | ||
| 98 | + | ||
| 99 | + | ||
| 100 | + | (3) 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. alone. | |
| 101 | + | ||
| 102 | + | (3) | |
| 103 | + | ||
| 104 | + | ||
| 96 | 105 | ||
| 97 | 106 | (4) A vehicle that is modified to have its operable pedals removed. | |
| 98 | 107 | ||
| 99 | 108 | (5) A vehicle that is capable of providing assistance when the vehicle reaches a speed exceeding 28 miles per hour. | |
| 100 | 109 | ||
| 101 | - | (6) A vehicle that meets the definitions of Sections | |
| 110 | + | (6) A vehicle that meets the definitions of Sections 400, 405, or 406. | |
| 102 | 111 | ||
| 103 | - | SEC. 2. Section | |
| 112 | + | SEC. 2. Section 21065 is added to the Vehicle Code, to read:21065. Any incident report filed by a peace officer for an injury or crash involving an electric bicycle shall include all of the information provided on the marking described in subdivision (c) of Section 312.5. If the electric bicycle does not have the marking, the incident report shall indicate that a marking was not available. | |
| 104 | 113 | ||
| 105 | - | SEC. 2. Section | |
| 114 | + | SEC. 2. Section 21065 is added to the Vehicle Code, to read: | |
| 106 | 115 | ||
| 107 | 116 | ### SEC. 2. | |
| 108 | - | ||
| 109 | - | 405. (a) A motor-driven cycle is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406. meets either of the following requirements:(1) Gas powered and displaces less than 150 cubic centimeters.(2) Electric powered with a maximum output of less than 10,000 watts and is capable of reaching speeds greater than 40 miles per hour.(b) A motor-driven cycle may have pedals.(c) A motor-driven cycle does not include a moped, as defined in Section 406, or a low-power moped, as defined in Section 406.5. | |
| 110 | - | ||
| 111 | - | 405. (a) A motor-driven cycle is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406. meets either of the following requirements:(1) Gas powered and displaces less than 150 cubic centimeters.(2) Electric powered with a maximum output of less than 10,000 watts and is capable of reaching speeds greater than 40 miles per hour.(b) A motor-driven cycle may have pedals.(c) A motor-driven cycle does not include a moped, as defined in Section 406, or a low-power moped, as defined in Section 406.5. | |
| 112 | - | ||
| 113 | - | 405. (a) A motor-driven cycle is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406. meets either of the following requirements:(1) Gas powered and displaces less than 150 cubic centimeters.(2) Electric powered with a maximum output of less than 10,000 watts and is capable of reaching speeds greater than 40 miles per hour.(b) A motor-driven cycle may have pedals.(c) A motor-driven cycle does not include a moped, as defined in Section 406, or a low-power moped, as defined in Section 406.5. | |
| 114 | - | ||
| 115 | - | 405. (a) A motor-driven cycle is any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406. meets either of the following requirements: | |
| 116 | - | ||
| 117 | - | ###### 405. | |
| 118 | - | ||
| 119 | - | (1) Gas powered and displaces less than 150 cubic centimeters. | |
| 120 | - | ||
| 121 | - | (2) Electric powered with a maximum output of less than 10,000 watts and is capable of reaching speeds greater than 40 miles per hour. | |
| 122 | - | ||
| 123 | - | (b) A motor-driven cycle may have pedals. | |
| 124 | - | ||
| 125 | - | (c) A motor-driven cycle does not include a moped, as defined in Section 406, or a low-power moped, as defined in Section 406.5. | |
| 126 | - | ||
| 127 | - | SEC. 3. 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 device, with or without operative pedals, that has an automatic transmission and a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. ground that meets either of the following requirements:(1) The motor is gas powered and produces greater than 3 gross brake horsepower, but less than 4 gross brake horsepower.(2) The motor is electrically powered with a potential output of greater than 2,250 watts, but less than 3,000 watts.(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.(c) Any reference in this code to motorized bicycle shall be deemed to refer to a moped, as defined in this section, unless the device being referenced meets the definition of a low-powered moped, as defined in Section 406.5, in which case the reference to motorized bicycle shall be deemed to refer to a low-power moped. | |
| 128 | - | ||
| 129 | - | SEC. 3. Section 406 of the Vehicle Code is amended to read: | |
| 130 | - | ||
| 131 | - | ### SEC. 3. | |
| 132 | - | ||
| 133 | - | 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 device, with or without operative pedals, that has an automatic transmission and a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. ground that meets either of the following requirements:(1) The motor is gas powered and produces greater than 3 gross brake horsepower, but less than 4 gross brake horsepower.(2) The motor is electrically powered with a potential output of greater than 2,250 watts, but less than 3,000 watts.(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.(c) Any reference in this code to motorized bicycle shall be deemed to refer to a moped, as defined in this section, unless the device being referenced meets the definition of a low-powered moped, as defined in Section 406.5, in which case the reference to motorized bicycle shall be deemed to refer to a low-power moped. | |
| 134 | - | ||
| 135 | - | 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 device, with or without operative pedals, that has an automatic transmission and a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. ground that meets either of the following requirements:(1) The motor is gas powered and produces greater than 3 gross brake horsepower, but less than 4 gross brake horsepower.(2) The motor is electrically powered with a potential output of greater than 2,250 watts, but less than 3,000 watts.(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.(c) Any reference in this code to motorized bicycle shall be deemed to refer to a moped, as defined in this section, unless the device being referenced meets the definition of a low-powered moped, as defined in Section 406.5, in which case the reference to motorized bicycle shall be deemed to refer to a low-power moped. | |
| 136 | - | ||
| 137 | - | 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 device, with or without operative pedals, that has an automatic transmission and a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. ground that meets either of the following requirements:(1) The motor is gas powered and produces greater than 3 gross brake horsepower, but less than 4 gross brake horsepower.(2) The motor is electrically powered with a potential output of greater than 2,250 watts, but less than 3,000 watts.(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.(c) Any reference in this code to motorized bicycle shall be deemed to refer to a moped, as defined in this section, unless the device being referenced meets the definition of a low-powered moped, as defined in Section 406.5, in which case the reference to motorized bicycle shall be deemed to refer to a low-power moped. | |
| 138 | - | ||
| 139 | - | 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 device, with or without operative pedals, that has an automatic transmission and a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. ground that meets either of the following requirements: | |
| 140 | - | ||
| 141 | - | ###### 406. | |
| 142 | - | ||
| 143 | - | (1) The motor is gas powered and produces greater than 3 gross brake horsepower, but less than 4 gross brake horsepower. | |
| 144 | - | ||
| 145 | - | (2) The motor is electrically powered with a potential output of greater than 2,250 watts, but less than 3,000 watts. | |
| 146 | - | ||
| 147 | - | (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: | |
| 148 | - | ||
| 149 | - | (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. | |
| 150 | - | ||
| 151 | - | (2) The disclosure shall include the following language in capital letters: | |
| 152 | - | ||
| 153 | - | 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. | |
| 154 | - | ||
| 155 | - | (c) Any reference in this code to motorized bicycle shall be deemed to refer to a moped, as defined in this section, unless the device being referenced meets the definition of a low-powered moped, as defined in Section 406.5, in which case the reference to motorized bicycle shall be deemed to refer to a low-power moped. | |
| 156 | - | ||
| 157 | - | SEC. 4. Section 406.5 is added to the Vehicle Code, to read:406.5. (a) A low-power moped is a two-wheeled or three-wheeled device, with or without operative pedals, and has a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground and meets either of the following requirements:(1) The motor is gas powered and produces less than 3 gross brake horsepower.(2) The motor is electrically powered with a potential output of 2,250 watts or less.(b) On and after July 1, 2026, manufacturers and distributors of low-power mopeds shall apply an etching, an engraving, or a label that is permanently affixed to each low-power moped. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, top assisted speed, motor wattage, and the line this is a low-power moped, not an electric bicycle, and shall be printed in Arial font in at least 9-point type.(c) A low-power moped does not include an electric bicycle, as defined in Section 312.5. | |
| 158 | - | ||
| 159 | - | SEC. 4. Section 406.5 is added to the Vehicle Code, to read: | |
| 160 | - | ||
| 161 | - | ### SEC. 4. | |
| 162 | - | ||
| 163 | - | 406.5. (a) A low-power moped is a two-wheeled or three-wheeled device, with or without operative pedals, and has a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground and meets either of the following requirements:(1) The motor is gas powered and produces less than 3 gross brake horsepower.(2) The motor is electrically powered with a potential output of 2,250 watts or less.(b) On and after July 1, 2026, manufacturers and distributors of low-power mopeds shall apply an etching, an engraving, or a label that is permanently affixed to each low-power moped. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, top assisted speed, motor wattage, and the line this is a low-power moped, not an electric bicycle, and shall be printed in Arial font in at least 9-point type.(c) A low-power moped does not include an electric bicycle, as defined in Section 312.5. | |
| 164 | - | ||
| 165 | - | 406.5. (a) A low-power moped is a two-wheeled or three-wheeled device, with or without operative pedals, and has a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground and meets either of the following requirements:(1) The motor is gas powered and produces less than 3 gross brake horsepower.(2) The motor is electrically powered with a potential output of 2,250 watts or less.(b) On and after July 1, 2026, manufacturers and distributors of low-power mopeds shall apply an etching, an engraving, or a label that is permanently affixed to each low-power moped. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, top assisted speed, motor wattage, and the line this is a low-power moped, not an electric bicycle, and shall be printed in Arial font in at least 9-point type.(c) A low-power moped does not include an electric bicycle, as defined in Section 312.5. | |
| 166 | - | ||
| 167 | - | 406.5. (a) A low-power moped is a two-wheeled or three-wheeled device, with or without operative pedals, and has a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground and meets either of the following requirements:(1) The motor is gas powered and produces less than 3 gross brake horsepower.(2) The motor is electrically powered with a potential output of 2,250 watts or less.(b) On and after July 1, 2026, manufacturers and distributors of low-power mopeds shall apply an etching, an engraving, or a label that is permanently affixed to each low-power moped. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, top assisted speed, motor wattage, and the line this is a low-power moped, not an electric bicycle, and shall be printed in Arial font in at least 9-point type.(c) A low-power moped does not include an electric bicycle, as defined in Section 312.5. | |
| 168 | - | ||
| 169 | - | 406.5. (a) A low-power moped is a two-wheeled or three-wheeled device, with or without operative pedals, and has a motor capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground and meets either of the following requirements: | |
| 170 | - | ||
| 171 | - | ###### 406.5. | |
| 172 | - | ||
| 173 | - | (1) The motor is gas powered and produces less than 3 gross brake horsepower. | |
| 174 | - | ||
| 175 | - | (2) The motor is electrically powered with a potential output of 2,250 watts or less. | |
| 176 | - | ||
| 177 | - | (b) On and after July 1, 2026, manufacturers and distributors of low-power mopeds shall apply an etching, an engraving, or a label that is permanently affixed to each low-power moped. The marking shall be positioned skyward on the frame and contain the brand name, manufacturer or distributor, top assisted speed, motor wattage, and the line this is a low-power moped, not an electric bicycle, and shall be printed in Arial font in at least 9-point type. | |
| 178 | - | ||
| 179 | - | (c) A low-power moped does not include an electric bicycle, as defined in Section 312.5. | |
| 180 | - | ||
| 181 | - | SEC. 2.SEC. 5. Section 21065 is added to the Vehicle Code, to read:21065. Any incident report filed by a peace officer for an injury or crash involving an electric bicycle shall include all of the information provided on the marking described in subdivision (c) of Section 312.5. If the electric bicycle does not have the marking, the incident report shall indicate that a marking was not available. | |
| 182 | - | ||
| 183 | - | SEC. 2.SEC. 5. Section 21065 is added to the Vehicle Code, to read: | |
| 184 | - | ||
| 185 | - | ### SEC. 2.SEC. 5. | |
| 186 | 117 | ||
| 187 | 118 | 21065. Any incident report filed by a peace officer for an injury or crash involving an electric bicycle shall include all of the information provided on the marking described in subdivision (c) of Section 312.5. If the electric bicycle does not have the marking, the incident report shall indicate that a marking was not available. | |
| 188 | 119 | ||
| 189 | 120 | 21065. Any incident report filed by a peace officer for an injury or crash involving an electric bicycle shall include all of the information provided on the marking described in subdivision (c) of Section 312.5. If the electric bicycle does not have the marking, the incident report shall indicate that a marking was not available. | |
| 190 | 121 | ||
| 191 | 122 | 21065. Any incident report filed by a peace officer for an injury or crash involving an electric bicycle shall include all of the information provided on the marking described in subdivision (c) of Section 312.5. If the electric bicycle does not have the marking, the incident report shall indicate that a marking was not available. | |
| 192 | 123 | ||
| 124 | + | ||
| 125 | + | ||
| 193 | 126 | 21065. Any incident report filed by a peace officer for an injury or crash involving an electric bicycle shall include all of the information provided on the marking described in subdivision (c) of Section 312.5. If the electric bicycle does not have the marking, the incident report shall indicate that a marking was not available. | |
| 194 | 127 | ||
| 195 | - | ||
| 128 | + | SEC. 3. Section 24016 of the Vehicle Code is amended to read:24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell 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 under subdivision (a) of Section 312.5.(f) Commencing January 1, 2026, any product or device sold in the previous five years as an electric bicycle that no longer meets the definition of electric bicycle pursuant to Section 312.5 as of January 1, 2026, shall be subject to customer notification by the retailer or manufacturer of that product. The retailer or manufacturer shall provide written notification to affected customers, including by email, that the product or device no longer meets the definition of an electric bicycle under state law. If the product meets the current definition of another type of device under this code, the notice shall include that information and inform the customer that they may be required to meet additional legal requirements, including, but not limited to, registration and licensing. | |
| 196 | 129 | ||
| 197 | - | SEC. | |
| 130 | + | SEC. 3. Section 24016 of the Vehicle Code is amended to read: | |
| 198 | 131 | ||
| 199 | - | SEC. 6. Article 5.4 (commencing with Section 21240) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: | |
| 200 | - | ||
| 201 | - | ### SEC. 6. | |
| 202 | - | ||
| 203 | - | Article 5.4. Operation of Low-Power Mopeds21240. A person shall meet the following requirements to operate a low-power moped:(a) If under 18 years of age, the person possesses a valid class M1 or M2 license.(b) If 18 years of age or older, the person possesses a valid drivers license of any class.21241. Every person operating a low-power moped upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions that, by their very nature, can have no application.21242. A person operating a low-power moped is not subject to the provisions of this code relating to financial responsibility, registration, and license plate requirements, and, for those purposes, a low-power moped is not a motor vehicle.21243. This article does not prevent a local authority, by ordinance, from regulating the parking and operation of low-power mopeds on local streets and highways if that regulation is not in conflict with this code.21244. (a) A person shall only operate a low-power moped upon a highway subject to the following requirements:(1) The posted speed limit is 35 miles per hour or less.(2) The low-speed moped is capable of sustaining a speed that is within five miles of the posted speed limit.(b) A low-power moped shall not be operated on sidewalks, paths, trails, or Class I, Class II, or Class IV bikeways.21245. Any person operating a low-power moped upon a highway shall ride as close as practicable to the right-hand curb or right edge of the roadway, except under the following situations:(a) When preparing for, and taking, a left turn.(b) When preparing for, and taking, a U-turn.21246. The operator of a low-power moped shall not operate a low-power moped without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212. | |
| 204 | - | ||
| 205 | - | Article 5.4. Operation of Low-Power Mopeds21240. A person shall meet the following requirements to operate a low-power moped:(a) If under 18 years of age, the person possesses a valid class M1 or M2 license.(b) If 18 years of age or older, the person possesses a valid drivers license of any class.21241. Every person operating a low-power moped upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions that, by their very nature, can have no application.21242. A person operating a low-power moped is not subject to the provisions of this code relating to financial responsibility, registration, and license plate requirements, and, for those purposes, a low-power moped is not a motor vehicle.21243. This article does not prevent a local authority, by ordinance, from regulating the parking and operation of low-power mopeds on local streets and highways if that regulation is not in conflict with this code.21244. (a) A person shall only operate a low-power moped upon a highway subject to the following requirements:(1) The posted speed limit is 35 miles per hour or less.(2) The low-speed moped is capable of sustaining a speed that is within five miles of the posted speed limit.(b) A low-power moped shall not be operated on sidewalks, paths, trails, or Class I, Class II, or Class IV bikeways.21245. Any person operating a low-power moped upon a highway shall ride as close as practicable to the right-hand curb or right edge of the roadway, except under the following situations:(a) When preparing for, and taking, a left turn.(b) When preparing for, and taking, a U-turn.21246. The operator of a low-power moped shall not operate a low-power moped without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212. | |
| 206 | - | ||
| 207 | - | Article 5.4. Operation of Low-Power Mopeds | |
| 208 | - | ||
| 209 | - | Article 5.4. Operation of Low-Power Mopeds | |
| 210 | - | ||
| 211 | - | ##### Article 5.4. Operation of Low-Power Mopeds | |
| 212 | - | ||
| 213 | - | 21240. A person shall meet the following requirements to operate a low-power moped:(a) If under 18 years of age, the person possesses a valid class M1 or M2 license.(b) If 18 years of age or older, the person possesses a valid drivers license of any class. | |
| 214 | - | ||
| 215 | - | 21240. A person shall meet the following requirements to operate a low-power moped: | |
| 216 | - | ||
| 217 | - | ###### 21240. | |
| 218 | - | ||
| 219 | - | (a) If under 18 years of age, the person possesses a valid class M1 or M2 license. | |
| 220 | - | ||
| 221 | - | (b) If 18 years of age or older, the person possesses a valid drivers license of any class. | |
| 222 | - | ||
| 223 | - | 21241. Every person operating a low-power moped upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions that, by their very nature, can have no application. | |
| 224 | - | ||
| 225 | - | 21241. Every person operating a low-power moped upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions that, by their very nature, can have no application. | |
| 226 | - | ||
| 227 | - | ###### 21241. | |
| 228 | - | ||
| 229 | - | 21242. A person operating a low-power moped is not subject to the provisions of this code relating to financial responsibility, registration, and license plate requirements, and, for those purposes, a low-power moped is not a motor vehicle. | |
| 230 | - | ||
| 231 | - | 21242. A person operating a low-power moped is not subject to the provisions of this code relating to financial responsibility, registration, and license plate requirements, and, for those purposes, a low-power moped is not a motor vehicle. | |
| 232 | - | ||
| 233 | - | ###### 21242. | |
| 234 | - | ||
| 235 | - | 21243. This article does not prevent a local authority, by ordinance, from regulating the parking and operation of low-power mopeds on local streets and highways if that regulation is not in conflict with this code. | |
| 236 | - | ||
| 237 | - | 21243. This article does not prevent a local authority, by ordinance, from regulating the parking and operation of low-power mopeds on local streets and highways if that regulation is not in conflict with this code. | |
| 238 | - | ||
| 239 | - | ###### 21243. | |
| 240 | - | ||
| 241 | - | 21244. (a) A person shall only operate a low-power moped upon a highway subject to the following requirements:(1) The posted speed limit is 35 miles per hour or less.(2) The low-speed moped is capable of sustaining a speed that is within five miles of the posted speed limit.(b) A low-power moped shall not be operated on sidewalks, paths, trails, or Class I, Class II, or Class IV bikeways. | |
| 242 | - | ||
| 243 | - | 21244. (a) A person shall only operate a low-power moped upon a highway subject to the following requirements: | |
| 244 | - | ||
| 245 | - | ###### 21244. | |
| 246 | - | ||
| 247 | - | (1) The posted speed limit is 35 miles per hour or less. | |
| 248 | - | ||
| 249 | - | (2) The low-speed moped is capable of sustaining a speed that is within five miles of the posted speed limit. | |
| 250 | - | ||
| 251 | - | (b) A low-power moped shall not be operated on sidewalks, paths, trails, or Class I, Class II, or Class IV bikeways. | |
| 252 | - | ||
| 253 | - | 21245. Any person operating a low-power moped upon a highway shall ride as close as practicable to the right-hand curb or right edge of the roadway, except under the following situations:(a) When preparing for, and taking, a left turn.(b) When preparing for, and taking, a U-turn. | |
| 254 | - | ||
| 255 | - | 21245. Any person operating a low-power moped upon a highway shall ride as close as practicable to the right-hand curb or right edge of the roadway, except under the following situations: | |
| 256 | - | ||
| 257 | - | ###### 21245. | |
| 258 | - | ||
| 259 | - | (a) When preparing for, and taking, a left turn. | |
| 260 | - | ||
| 261 | - | (b) When preparing for, and taking, a U-turn. | |
| 262 | - | ||
| 263 | - | 21246. The operator of a low-power moped shall not operate a low-power moped without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212. | |
| 264 | - | ||
| 265 | - | 21246. The operator of a low-power moped shall not operate a low-power moped without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212. | |
| 266 | - | ||
| 267 | - | ###### 21246. | |
| 268 | - | ||
| 269 | - | SEC. 7. Article 9 (commencing with Section 21310) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: Article 9. Unauthorized Devices21310. (a) Notwithstanding any other law, a two-wheeled or three-wheeled device shall not operate on any highway or public right-of-way unless the device meets a definition of a device that is explicitly defined in Division 1 (commencing with Section 100) and is explicitly authorized for use on a highway or public right-of-way pursuant to this code.(b) A two-wheeled or three-wheeled device that does not meet the requirements described in subdivision (a) shall only be operated on private property or in off-highway environments, subject to all relevant local, state, and federal laws. | |
| 270 | - | ||
| 271 | - | SEC. 7. Article 9 (commencing with Section 21310) is added to Chapter 1 of Division 11 of the Vehicle Code, to read: | |
| 272 | - | ||
| 273 | - | ### SEC. 7. | |
| 274 | - | ||
| 275 | - | Article 9. Unauthorized Devices21310. (a) Notwithstanding any other law, a two-wheeled or three-wheeled device shall not operate on any highway or public right-of-way unless the device meets a definition of a device that is explicitly defined in Division 1 (commencing with Section 100) and is explicitly authorized for use on a highway or public right-of-way pursuant to this code.(b) A two-wheeled or three-wheeled device that does not meet the requirements described in subdivision (a) shall only be operated on private property or in off-highway environments, subject to all relevant local, state, and federal laws. | |
| 276 | - | ||
| 277 | - | Article 9. Unauthorized Devices21310. (a) Notwithstanding any other law, a two-wheeled or three-wheeled device shall not operate on any highway or public right-of-way unless the device meets a definition of a device that is explicitly defined in Division 1 (commencing with Section 100) and is explicitly authorized for use on a highway or public right-of-way pursuant to this code.(b) A two-wheeled or three-wheeled device that does not meet the requirements described in subdivision (a) shall only be operated on private property or in off-highway environments, subject to all relevant local, state, and federal laws. | |
| 278 | - | ||
| 279 | - | Article 9. Unauthorized Devices | |
| 280 | - | ||
| 281 | - | Article 9. Unauthorized Devices | |
| 282 | - | ||
| 283 | - | ##### Article 9. Unauthorized Devices | |
| 284 | - | ||
| 285 | - | 21310. (a) Notwithstanding any other law, a two-wheeled or three-wheeled device shall not operate on any highway or public right-of-way unless the device meets a definition of a device that is explicitly defined in Division 1 (commencing with Section 100) and is explicitly authorized for use on a highway or public right-of-way pursuant to this code.(b) A two-wheeled or three-wheeled device that does not meet the requirements described in subdivision (a) shall only be operated on private property or in off-highway environments, subject to all relevant local, state, and federal laws. | |
| 286 | - | ||
| 287 | - | 21310. (a) Notwithstanding any other law, a two-wheeled or three-wheeled device shall not operate on any highway or public right-of-way unless the device meets a definition of a device that is explicitly defined in Division 1 (commencing with Section 100) and is explicitly authorized for use on a highway or public right-of-way pursuant to this code. | |
| 288 | - | ||
| 289 | - | ###### 21310. | |
| 290 | - | ||
| 291 | - | (b) A two-wheeled or three-wheeled device that does not meet the requirements described in subdivision (a) shall only be operated on private property or in off-highway environments, subject to all relevant local, state, and federal laws. | |
| 292 | - | ||
| 293 | - | SEC. 3.SEC. 8. Section 24016 of the Vehicle Code is amended to read:24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell 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 under subdivision (a) of Section 312.5.(f) Commencing January 1, 2026, any product or device sold in the previous five years as an electric bicycle that no longer meets the definition of electric bicycle pursuant to Section 312.5 as of January 1, 2026, shall be subject to customer notification by the retailer or manufacturer of that product. The retailer or manufacturer shall provide written notification to affected customers, including by email, that the product or device no longer meets the definition of an electric bicycle under state law. If the product meets the current definition of another type of device under this code, the notice shall include that information and inform the customer that they may be required to meet additional legal requirements, including, but not limited to, registration and licensing. | |
| 294 | - | ||
| 295 | - | SEC. 3.SEC. 8. Section 24016 of the Vehicle Code is amended to read: | |
| 296 | - | ||
| 297 | - | ### SEC. 3.SEC. 8. | |
| 132 | + | ### SEC. 3. | |
| 298 | 133 | ||
| 299 | 134 | 24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell 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 under subdivision (a) of Section 312.5.(f) Commencing January 1, 2026, any product or device sold in the previous five years as an electric bicycle that no longer meets the definition of electric bicycle pursuant to Section 312.5 as of January 1, 2026, shall be subject to customer notification by the retailer or manufacturer of that product. The retailer or manufacturer shall provide written notification to affected customers, including by email, that the product or device no longer meets the definition of an electric bicycle under state law. If the product meets the current definition of another type of device under this code, the notice shall include that information and inform the customer that they may be required to meet additional legal requirements, including, but not limited to, registration and licensing. | |
| 300 | 135 | ||
| 301 | 136 | 24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell 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 under subdivision (a) of Section 312.5.(f) Commencing January 1, 2026, any product or device sold in the previous five years as an electric bicycle that no longer meets the definition of electric bicycle pursuant to Section 312.5 as of January 1, 2026, shall be subject to customer notification by the retailer or manufacturer of that product. The retailer or manufacturer shall provide written notification to affected customers, including by email, that the product or device no longer meets the definition of an electric bicycle under state law. If the product meets the current definition of another type of device under this code, the notice shall include that information and inform the customer that they may be required to meet additional legal requirements, including, but not limited to, registration and licensing. | |
| 302 | 137 | ||
| 303 | 138 | 24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria:(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.(b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle.(c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).(d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5.(e) A person shall not sell 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 under subdivision (a) of Section 312.5.(f) Commencing January 1, 2026, any product or device sold in the previous five years as an electric bicycle that no longer meets the definition of electric bicycle pursuant to Section 312.5 as of January 1, 2026, shall be subject to customer notification by the retailer or manufacturer of that product. The retailer or manufacturer shall provide written notification to affected customers, including by email, that the product or device no longer meets the definition of an electric bicycle under state law. If the product meets the current definition of another type of device under this code, the notice shall include that information and inform the customer that they may be required to meet additional legal requirements, including, but not limited to, registration and licensing. | |
| 304 | 139 | ||
| 140 | + | ||
| 141 | + | ||
| 305 | 142 | 24016. (a) An electric bicycle described in subdivision (a) of Section 312.5 shall meet the following criteria: | |
| 306 | - | ||
| 307 | - | ###### 24016. | |
| 308 | 143 | ||
| 309 | 144 | (1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.). | |
| 310 | 145 | ||
| 311 | 146 | (2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function. | |
| 312 | 147 | ||
| 313 | 148 | (b) A person operating an electric bicycle is not subject to the provisions of this code relating to financial responsibility, drivers licenses, registration, and license plate requirements, and an electric bicycle is not a motor vehicle. | |
| 314 | 149 | ||
| 315 | 150 | (c) Every manufacturer of an electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.). | |
| 316 | 151 | ||
| 317 | 152 | (d) A person shall not tamper with or modify an electric bicycle described in subdivision (a) of Section 312.5 so as to change the speed capability of the bicycle, unless the bicycle continues to meet the definition of an electric bicycle under subdivision (a) of Section 312.5 and the person appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5. | |
| 318 | 153 | ||
| 319 | 154 | (e) A person shall not sell 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 under subdivision (a) of Section 312.5. | |
| 320 | 155 | ||
| 321 | 156 | (f) Commencing January 1, 2026, any product or device sold in the previous five years as an electric bicycle that no longer meets the definition of electric bicycle pursuant to Section 312.5 as of January 1, 2026, shall be subject to customer notification by the retailer or manufacturer of that product. The retailer or manufacturer shall provide written notification to affected customers, including by email, that the product or device no longer meets the definition of an electric bicycle under state law. If the product meets the current definition of another type of device under this code, the notice shall include that information and inform the customer that they may be required to meet additional legal requirements, including, but not limited to, registration and licensing. | |
| 322 | 157 | ||
| 323 | - | SEC. 4 | |
| 158 | + | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 324 | 159 | ||
| 325 | - | SEC. 4 | |
| 160 | + | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 326 | 161 | ||
| 327 | - | SEC. 4 | |
| 162 | + | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 328 | 163 | ||
| 329 | - | ### SEC. 4.SEC. 9. | |
| 164 | + | ### SEC. 4. | |
| 165 | + | ||
| 166 | + | ||
| 167 | + | ||
| 168 | + | It is the intent of the Legislature to enact legislation relating to electric motorcycles and electric bicycles. |