Marin grand jury urges stronger e-bike restrictions for youths

The Marin County Civil Grand Jury is calling on local governments to closely regulate the use of electric bikes by youths.

In a new report, the investigative panel recommends that minors under age 16 should be prohibited from operating class 2 e-bikes because of safety risks.

“The grand jury concluded that children under age 16 who operate class 2 e-bikes in Marin pose a danger to themselves and others,” the jury said.

Class 2 e-bikes offer pedal-assisted, electric power up to 20 mph. The vehicles have throttle devices that can power the bicycle without pedal assistance. The grand jury noted that many class 2 models can have their throttle devices altered to exceed the 20 mph limit.

“These modified bikes no longer legally qualify as e-bikes,” the grand jury stated.

State law prohibits minors under age 16 from operating class 3 e-bikes, which can travel up to 28 mph.

The grand jury cited a report by the Marin County Department of Health and Human Services that found Marin’s e-bike collision rate to be 47 per 100,000 for children ages 10 to 15. The rate, which was current as of March 16, is five times as high as any other age group.

The grand jury also calls for local ordinances that require all class 2 riders and passengers to wear helmets. The report recommended that a committee be formed to consider uniform regulations on e-bike use across the county.

“There is a compelling need for uniform and consistent rules and regulations regarding class 2 e-bikes across the county,” the report said. “Now is the time to act.”

The grand jury noted the e-bike ordinances that have been adopted by the county and two municipalities. In Mill Valley, e-bike riders must travel in the same way as traffic, cannot ride on sidewalks and must wear helmets if they are under age 18. San Anselmo does not allow e-bikes to be used in Memorial Park, except on a multiuse pathway.

As for the county’s regulations, class 1 and 2 e-bike riders can use public roads, parking lots, county-owned bicycle and multiuse paths and other places where signs grant permission. Class 3 e-bikes are prohibited from county-owned parks and bike paths unless there are posted signs that allow them.

In confidential interviews with jurors, law enforcement officials noted the challenges of determining an e-bike rider’s age, the speeds being traveled and the class of e-bike being used.

“Law enforcement as well as Marin school personnel and bike safety experts are reluctant to have young riders’ first interaction with law enforcement be an e-bike stop,” the report said.

The grand jury also addressed concerns from Marin school employees who believe that e-bike safety training is not feasible for their schools. The jury agreed that they are not equipped to enforce e-bike laws such as age restrictions for certain e-bike classes.

Mill Valley police began issuing citations last year for e-bike ordinance violators. Offenders are offered the option of attending an e-bike safety course offered by the Marin County Bicycle Coalition rather than receive a citation. However, the grand jury mentioned that grant funding for the education program is running out.

The report also noted that the courses are no longer available to minors who use altered class 2 e-bikes, which the coalition considers to be operating “out of class.” The coalition stated that most of the Super73 brand’s e-bike models are out of class, according to the report.

Tarrell Kullaway, vice mayor of San Anselmo and executive director of the Marin County Bicycle Coalition, said the organization supports the grand jury’s recommendation to prohibit minors under 16 to operate class 2 e-bikes. But she said the issue is that so few class 2 e-bikes being sold fit legal classification.

Bob Mittelstaedt, co-founder of local nonprofit E-bike Access, said his group appreciates the grand jury for spotlighting the throttle assisted e-bikes being used by children, and for noting the Super73 brand devices that can exceed the speed limits for e-bikes.

“The harder part, though, is how to enforce the current law against motorcycles masquerading as e-bikes or the new minimum age ordinances called for by the grand jury,” he said.

Mittelstaedt finds the partnership between schools and law enforcement to be the most effective way to reduce accident rates.

Assemblymember Damon Connolly, who lives in San Rafael, introduced a bill this year that calls for e-bike regulations that are similar to the grand jury’s recommendations.

Assembly Bill 1778 initially proposed that minors under 16 be prohibited from operating class 2 e-bikes across California. However, Connolly amended the bill to cover only Marin, where it would be voluntarily enforced as part of a pilot program.

Connolly said he was “heartened” by the grand jury’s recommendations.

“Ensuring the safety of our young riders is paramount and this measure will help mitigate the risks associated with these vehicles,” he said.

County supervisors and 11 municipalities across Marin have until July 26 to respond to the grand jury report, which was released on Friday.

Marin County Supervisor Mary Sackett, who worked with Connolly on his e-bike bill, thanked the grand jury for investigating the evolving issue of e-bikes. She said the e-bike “policy landscape” has become more complicated and that many electric devices on the streets are motorcycles, not bicycles.

“At a local level, we continue to educate and raise awareness for parents and our youth, as suggested by the grand jury,” Sackett said.

San Rafael Mayor Kate Colin expressed her appreciation for the grand jury report.

“The city of San Rafael looks forward to considering the grand jury’s recommendations and responding to their findings through the formal process,” she said.

Tiburon Mayor Alice Fredericks said she would consider adopting the grand jury’s recommendations because of the rising frequency of e-bike collisions involving young people and the incidents of users altering throttle speed caps.

Dr. Matthew Willis, Marin County’s public health officer, said he agreed with the grand jury’s recommendations on e-bike policy.

“If I have any concerns with the report itself, it’s that we don’t want to cast a shadow on biking and e-biking as a healthy and fun way to get around,” he said. “From a public health standpoint, more people on bikes and even more people on e-bikes is better — it’s just finding that way to be as safe as possible.”