California CVC 406(b)-What constitutes a "Motorized Bicycle"

This has probably been talked to death here, but I'd like to post what I've found. A friend of mine mentioned that part of my commute was on National Park territory - and it specifically states on an official sign: "No Motorized Bicycles" - according to him.

So it comes to the definition of motorized bike. If you have an ebike that can go over 20MPH - with pedaling - then it's prohibited. If it can't go that fast, then it's not a "Motorized Bicycle" and is okay (as long as it's under 1000W).

Now I have to consider this for my DIY bike - it should not have high gears, high enough to keep up with the motor at full speed. That means a low front sprocket tooth count and a single sprocket - no triple chain rings (at least none with a higher tooth count).

Here are the laws:

V C Section 406 Motorized Bicycle
Motorized Bicycle
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 capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

(b) A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts. [so more than that makes it a moped/motorcycle]
(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level. [governors regulate this]
(3) Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour. [this is the bone of contention, I think]
http://www.dmv.org/ca-california/other-types.php

That means that a bike with a Cycle Analyst that has multiple power levels that allows "illegal" speeds on-demand is a "motorized bicycle" and illegal in national parks - and probably elsewhere...

This law is about to be replaced, so you might want to consider the new law instead. There is a thread on it here on ES.

To comply with the new law you will have to limit to 750W and 20MPH and be a class I or II ebike, if you want to ride on bike paths.

Here it is:

http://endless-sphere.com/forums/viewtopic.php?f=3&t=68828

I think you are confusing yourself on the law regarding 20 mph plus human pedaling.

IMO, (Im not a lawyer) What they mean is if you are pedaling at any speed, say 21 mph, grabbing throttle will not make you go faster.

No law requiring speed less than 20 mph in CA. just that the motor won't push you to 21 mph on flat ground for the bike class.

But you can motor to 20 mph, then pedal your ass off all you want. It's just that to get to 25 mph for more than half a mile is beyond most peoples ability. More typical is 20 mph, pedal and you get to perhaps 22 mph. Which I think is legal, provided there is not a 15 or 20 mph speed limit on the trail or road.

Of course, since most kits pick a winding that goes about 20 mph with saggy 36v lead, most home built lithium bikes do go about 23 mph. Or at least do leaving the garage. Unless they do actually have a speed limiter in the controller.

After much thinking, I've come to the conclusion that the real answer is simply putting speed limits on the trails. And in a place that gets crowded, that could be as low as 5 mph.

This law has been hotly debated on the EBR forum. On record, I think it is more BAD than good.

The law was crafted by those who stand to benefit the most, big box companies with multiple models, all mostly sub 20, low powered option.

The original proposal had a class 4 category: up to 28mph or more with a throttle. Anyone in this class is now thrown under the bus. They have been sacrificed to the fears of the higher community will. "We don't want dangerous motorbike on our bike paths." This agreement has some merit, but it overreaches. Bike paths have speed limits and cyclists are expected to observe those limits, whether a speedy lycra or ebiker. Cars have motors that go faster than 55mph, do they not? There is a total disregard to a large segment of the ebike community. Pioneer companies like Optibike, Stealth, old E+/ wavecrest, DIY designs, are not grandfathered, nor were they part of the discussions.

The higher/prime goal of big box Bosch was to secure access to the Mtn trains for their 350W middrive, PAS bikes. These are cool bikes and Mtn purists are worst than the road bike purist crowd because there are fewer trails than roads. They don't want to "Share the Trail". The class 1 category is a nice balance.

Is it the high speed commuters and folks who want the freedom to have more power, who got screwed. The power limit is now limited to 1hp, 750W. So anything above that is a motorcycle, requiring the full regulations? Please!

I recognize the need for a high speed moped/ebike class. These are bicycles too that can be pedaled.

PS. The second wammy is that Cali laws will often lead other US state laws. The ebike advocated of this law want this to happen. They want established laws in NY and other difficult states.

Yes, more ebikes will be sold. However, WE ALL KNOW and have experienced, that a 20-, 350W of anything will soon have diminishing returns if ridden on road for very often. For some folks, it is more of a toy than a serious piece of transportation for commuting and real life riding. There are solid, reliable, low powered ebikes for low speed applications. But the effect of ONLY low speed options, is that eventually you get more fit and can ride the same speeds with a conventional bike. Thus, the option to scale up is a real and practical need, and the laws need to accommodate that.

The regulators want to keep the money flowing into their own pockets and to their business cronies. They can not have people commuting efficiently and saving money, it interrupts the cash flow. There is only one way from their viewpoint, drive a car like everybody else, end of story.

I think it is simpler than that. The manufacturers want what they sell to be legal. The road biking and mountain biking groups don't like ebikes. The compromise they come up with is what we see.

A couple of good things come out of this. One is that it will be much harder for them to exclude ebikes from bike trails. Another is that an ebike going 28 mph is not automatically illegal anymore. While the details have many things we can complain about, the essence has some good stuff.

Maybe I'll fit a pedelec control to my ebike. As was mentioned earlier the throttle is legal to 20 mph, pedaling is required to 28. Do-able.

They can't explain the ticket if they can't catch me. I got a tip they where setting a speed trap on the north bound bike lane I cut thru the park on an illegal skate board trail and got out of there. I remember when skateboarding was still legal. We are losing ground here.

What were they looking for in this "bike inspection" or whatever it was billed as? Do they do this often?

If a cop wants to give you a ticket he gives you a ticket. You are the one who fights the ticket. If you have time.

I was just sitting in my Lawyers office and we discussing Indiana E bike law s he says if its 2 hp or less Indiana doesn't even consider it a motorized Vehicle of any kind and therefore it would be legal on the bike path , wow I hope he,s right .