What is the law on e-bikes? Ask the Lawyer
Q: I do not begrudge e-bikers, but worry about safety issues. What laws are there?
G.M., Playa Del Rey
A: California Vehicle Section 312.5 recognizes three e-bike classifications: (1) A pedal assist only e-bike, with an allowable top speed of 20 mph, which is permitted on bike paths, bike lanes and multiuse trails (unless locally restricted); (2) A throttle-assist e-bike (no pedaling), again a top speed of 20 mph, which is allowed on bike lanes and paths, although some localities may impose restrictions; and (3) A pedal-assist e-bike with a legal speed of up to 28 mph, but riders must be at least 16 years of age, helmets are mandatory for all riders, passengers are not allowed, front and rear lights or reflective materials, which improve visibility, are required in low-light conditions, and they are limited to bike lanes on roads (these e-bikes are not permitted on most bike paths or multiuse trails).
A new law also became effective Jan. 1 that contains several new e-bike regulations, including fire safety regulations, and requirements for third-party safety certifications that will come into effect over the next few years. There is also a tightening of the three-class e-bike system to limit which electric bikes can include hand throttles. California already has in place speed guidelines as noted above for the three e-bike classifications, and now prohibits selling a device (often referred to as a “turning kit”) that can modify the speed capability of an e-bike.
Q: Is it legal to ride e-bikes on sidewalks?
B.R., Westminster
A: Local regulations control whether riding on a sidewalk is permitted. If allowed, yielding to pedestrians is required. Note that many areas prohibit sidewalk riding for Class 3 e-bikes and/or all electric bikes.
Q: Two questions: Do I have to get a license or some kind of registration to ride an e-bike? Also, what penalties are there if you violate an e-bike law?
S.G., Pasadena
A: A license or registration of an e-bike is not required in California. Note that e-bikes are treated similarly to regular bikes, and many of the same traffic laws are applicable.
Research indicates that penalties include: Red light violations, around $100 to $250; not wearing a helmet if under the age of 18, a fine of up to $25 and up to $250 for riding a Class 3 e-bike without a helmet; a fine of some $196 for riding a Class 2 or 3 e-bike in prohibited bike lanes; DUI penalties start around $1,000 in fines and fees, plus jail time; and a fine of up to $1,000 for unlawfully modifying an e-bike’s motor to exceed speed capabilities. Finally, if you have illegal electric bike equipment modifications, your e-bike may be impounded.
Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.