OAKLAND, Calif. (BRAIN) — The state attorney general and three district attorneys issued a joint consumer alert about e-motos and the difference between them and low-speed e-bikes.
On Tuesday, California Attorney General Rob Bonta and Marin County District Attorney Lori Frugoli, San Francisco District Attorney Brooke Jenkins, and San Mateo County District Attorney Steve Wagstaffe reminded manufacturers, retailers, consumers, and parents that e-bikes do not:
- Provide pedal assistance beyond 28 mph.
- Provide throttle assistance beyond 20 mph.
- Have a motor with more than 750 watts of power.
Under California law, e-motos are considered mopeds or motorcycles and require additional licensing and age requirements to operate and sell. Additionally, it's against state law to modify an e-bike to exceed the legal speed and power limits if the rider does not have the appropriate license.
This comes after California prosecutors charged a mother and father with child abuse after their kid riding an e-moto was seriously injured after crashing into a vehicle last year in Walnut Creek. This past weekend, Long Beach police arrested one rider and seized five other e-motos after responding to what they said was a group of 50 riding illegal e-motos recklessly.
"Sometimes, what looks like an e-bike or is marketed as an e-bike is not a bike at all," Bonta wrote. "We are seeing a surge of safety incidents on our sidewalks, parks, and streets. Bike riders and parents: If your or your teen's electric two-wheeled vehicle goes too fast, it might be a motorcycle or a moped — not an e-bike. ... With the popularity of e-bikes booming, I highly encourage manufacturers, retailers, and especially parents to review the consumer alert today and ensure they and their kids are complying with California law."
In California, all e-bikes sold must have a permanent label that lists the bike's classification number (1, 2, or 3), top assisted speed, and motor wattage.
The alert also reminded retailers that they can only advertise or sell e-mobility devices as e-bikes if they fall within one of the three classes. They can't advertise or sell as "e-bikes" devices that are intended to be modified to exceed applicable limits. Misrepresenting the characteristics of a bicycle or other device, converting one for illegal use, or selling one without the required DMV occupational licenses is considered a crime. The DMV has specific requirements for dealer and salesperson licensing.
According to PeopleForBikes, the alert might be an indication further action will soon be taken against violators. Pending e-moto legislation has been introduced in California, including SB 1167 that will clarify the legal status of e-motos and regulate their sellers, and AB 2284, a bill that directs the attorney general to compile and publish a list of electric two-wheeled devices that don't comply with the definition of an electric bicycle.
In addition, a bi-partisan group in Congress introduced the Safe SPEEDS Act to create federal standards for low-speed electric bikes and e-motos. The bill would direct the Consumer Product Safety Commission to gather and analyze data about incidents involving the many e-mobility products under its jurisdiction, and adopt clear classification and labeling requirements for these devices, including consideration of the three recognized classes of low-speed electric bicycles.
