California: AB2173 to classify a low-speed electric bicycle

mrbill

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Folks:

I know this forum is read internationally, but readers in the state of
California (USA) should be aware that a bill is working its way through
the legislative process that changes the legal treatment of electric
bicycles in the California Vehicle Code.

http://legiscan.com/CA/bill/AB2173/2013

Text of bill:
http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_2151-2200/ab_2173_bill_20140319_amended_asm_v98.htm

The good:

The change allows by default operation of electric bicycles on bicycle
and multi-use paths and trails unless otherwise posted by the local
governing authority. Current law forbids operation of "motorized
bicycles" on paths and trails, unless a local governing authority
allows, and makes no distinction between electric bikes and ICE-driven
bikes, classifying them both as "motorized bicycles".

The bad:

a) Maximum output power is reduced from 1000 to 750 watts. This change
is not unreasonable given that many states have the same limit. I
program my bikes with a power limit of 1000 watts (drawn from the
battery), which gives approximately 750 watts at the driven wheel, after
system losses are accounted for.

b) Maximum weight is specified as 80 lbs. (36kg). This change is more
problematic.

First of all it's the lowest weight limit of any of the states that
specify a weight limit. Texas, Pennsylvania, and New Jersey specify 100
lbs. (45kg), and other states have no limit.

An 80-lb limit will be difficult to achieve for certain trikes,
recumbent bikes, velomobiles, cargo bikes, and bikes using high-capacity
batteries for extra range, e.g. Yours Truly, or users who may still be
using older, less energy-dense batteries than the latest lithium.

A low weight limit also creates a disincentive for manufacturers to
build bikes sturdy enough to accommodate heavy riders, "profile
customers" for ebikes. I'm puzzled as to why this was slipped into the
bill and why 80 lbs. was chosen. I have written the bill's sponsor,
Asm. Stephen Bradford, to show my overall support but also to advocate
for removing this restriction.

But, as a practical matter equipment restrictions that require special
equipment to assess are difficult to enforce since most police and park
rangers won't be carrying around scales, dynamometers, or other testing
equipment to enforce "low-speed electric bicycle" equipment restrictions
(unless they're engaged in a special enforcement action, usually in
reaction to complaints from the public).

Just getting the law to grant permission by default at the state level
for electric bike riders to use paths and trails without being hassled
by The Man or The Woman is the big win, in spite of the additional
vehicle code tinkering and the creation of new restrictions in response
to imagined ills that legislatures can't seem to keep themselves from
making.

There are other changes that affect manufacturers and dealers that you
can read about in the bill's text.

Feel free to send your comments to Asm. Bradford or to the
Transportation Committee Chair, Bonnie Lowenthal. They both take
comments through their legislative web sites.

http://asmdc.org/members/a62/

http://asmdc.org/members/a70/
 
Someone should contact the ACLU. Pretty much all ebike laws are discriminatory.
 
Cargo bike discrimination. Mine would flunk the 100 pound limit though.

However, if they don't have handy dynos to tell if you run 750w or 1500, they likely won't have scales to weigh your bike either. Don't flunk the attitude test, and you will ride ok most places.

They want, in fact, to not include those "ebikes" that look like a full size scooter.

The allowing ebikes unless the local law prohibits is nice, but you can bet your ass every city in CA will prohibit.
 
There are well-established reasons for restricting bad behaviour when controlling a vehicle of any kind, there have been serious injuries in crashes with pedal-only bikes to the rider and to any pedestrians that might have been involved. Speeding is a perennial issue, I understand the safety issue including expensive insurance claims from crashes, but...when traffic is light (or there is none) I like to go as fast as I want.

However, power limits (which are easy to hide as long as you're using average speeds) are silly and unenforce-able. The weight limit is an odd fish. I understand that law enforcement does NOT like the electric scooters that technically DO have pedals on them (they look like a Vespa). This is one law that will separate the good cops from the dicks. A 20-Ah battery on a steel Yuba Mundo with a crystalyte 5-series hubmotor has easily got to weigh over 80-lbs.

There is always the option of getting tags, license, registartion, and insurance to be a legit electric moped (See Teklektiks eMundo with headlight, turn signals, horn, brake light, etc), but...it's almost like the laws in California continue to be designed to keep people off of bikes and driving in cars.
 
Silly gooses, its only the motor that's got a weight restriction. The Federal law about usage of bicycle paths has similar syntax, but a 100 lbs. specification.

(b) A “low-speed electric bicycle” is a two-wheeled or
three-wheeled device that has fully operative pedals for propulsion
by human power and has an electric motor that meets all of the
following requirements:


(4) Has a weight of not more than 80 pounds.
 
I think you might be right...but doesn't this encourage the unrealistic pre-requisite of opinion-posters actually reading the law before commenting on it?...come on...really? (just kidding)
 
Yeah I think the common sense is when you use bike trails, slow down and be curtious to others. When you are on the road, be curtious to pedestrian and follow the law of the road. Basically don't be an asshole.

This is what I abide when riding my 50mph ebike.
 
mvly said:
Yeah I think the common sense is when you use bike trails, slow down and be curtious to others. When you are on the road, be curtious to pedestrian and follow the law of the road. Basically don't be an asshole.

This is what I abide when riding my 50mph ebike.

+1
 
gogo said:
Silly gooses, its only the motor that's got a weight restriction. The Federal law about usage of bicycle paths has similar syntax, but a 100 lbs. specification.

(b) A “low-speed electric bicycle” is a two-wheeled or
three-wheeled device that has fully operative pedals for propulsion
by human power and has an electric motor that meets all of the
following requirements:


(4) Has a weight of not more than 80 pounds.

Good luck arguing that one in court. Because of the way it's formatted, those conditions apply to the entire section, not just the final subject in the sentence.

(Unless US legislation is very different from Australian legislation)

But as others have pointed out, it's probably not all that relevant as long as you pass the attitude test. It will make a difference to manufacturers though.
 
dogman said:
The allowing ebikes unless the local law prohibits is nice, but you can bet your ass every city in CA will prohibit.

Not necessarily. Since the ban is no longer enshrined in the state vehicle code, banning ebikes on specific trails will require public hearings of the governing body, motions, votes, and the posting of signs. All of this takes time and costs money.

I suspect few will move to ban locally unless and until complaints about rude e-bikers are raised.
 
City won't have to ban them. Ironically, California is a 'Fair Import' state, so there is required to be a WRITTEN LAW AND PUNISHMENT before it can be inforced, that is state law. But that law is broken when 'Agency Policy' is invoked. They don't have to meet the requirement of proving there's a law, they just have to say this is our policy. Works in court, though that is illegal in California.
 
The following text applies to the section that is in the quotes. The weight limit applies to " low speed bicycle" not motor.

I bet many places already have the law banning any "motorized" vehicles from using multi use trails in place. So it still remains in effect.

Even my town does, but I just ignore it and ride like a gentleman at reasonable speeds on the multi use trails, on my 150 pound longtail cargo bike. Generally I will not go faster than 25 mph, but if anybody is visible at all on the trail I slow to 20, and never pass pedestrians much faster than 5-10 mph. 5 mph when overtaking from behind.

Nobody cares if I have the motor despite the signs that went up a year ago. They just smile and say good morning to me when they see that I am sharing the trail with courtesy. Occasionally you come across the clueless peds that walk two abreast right up the middle. I just slow to a near stop behind them and give them a cheery good morning. Honking a horn was effective, but rude. They would not notice the horn from 100' and from 20' they'd get all startled. Best thing is a squeaky brake and a good morning ladies.

The key thing here though, is that there is zero patrolling of the trail by police on bicycles at this time. There will be at Mission Bay San Diego I'm sure. Was last time I was there.
 
An outdoorsy state like Cali needs to get this right the first time. Other states will follow in there footsteps for sure. I doubt the laws will be governed on DIY builds but rather the sale of production Ebikes. That typically excludes most of the North American ES members here. I'm willing to bet I never run into disciplinary action as long as I follow Dogman's behavior.

Except Sundays. No one hits the road on Sunday. A lot of open space and I take full advantage of it!
 
Interesting and thanks for sharing. Will been watching to see how this turns out.

The no motorized bicycle rule is why I wanted a totally silent motor. That plus good behavior like Dogman describes and I doubt that 75%+ of people will even realize I'm on an ebike.
 
dogman said:
I bet many places already have the law banning any "motorized" vehicles from using multi use trails in place. So it still remains in effect.
Wow, a cursory dive into applicable code is quickly overwhelming. It seems that California specifies 'motorized bicycles', 'motor-driven cycles' and 'motor vehicles' on their signs. I'm not sure if the term 'motorized vehicles' is is used for streets and highways. I guess it might be used on trails that aren't covered by street and highway code.

An interesting thing to note about the trails is that the ADA trumps any 'no motorized vehicle' rules:
http://www.americantrails.org/resources/accessible/power-mobility-questions-answers.html#whe
Basically this makes freedom the default for trail use and any restriction on use has to be based on an articulated and specific rational. Arbitrary rules are prohibited and regulatory entities aren't allowed to question the nature of disability status claims. Effectively, this seems to be a higher burden of proof on any need for regulation on trails than the proposed legislation, but doesn't cover streets and highways, AFAIK. Gotta wonder if the ADA stuff has had an influence.

[DISCLAIMER] The second paragraph in the 'LEGISLATIVE COUNCIL'S DIGEST' clearly shows the weight provision is intended for the bicycle, not just the motor.
 
Think positive.
An 'electric bicycle' is NOT a motorized bicycle...which includes mopeds and other gas driven monstrosities... So at least California is recognizing that ebikes are in fact closer to bikes than motorcycles. That distinction is important, because only when they recognize that ebikes are not mopeds can you argue for differing rules applied to ebikes.

On the weight limit...who the heck wants a 90 lb ebike? Ebikes are not going to find wide market acceptance until the average woman can carry one up stairs into her apartment. I worked hard to make sure my ebike came in as close to 40lbs as was feasible.

The trike issue may be a problem... But that will likely be overruled the first time some trike rider gets cited for being overweight. All he needs to do is demonstrate a NON powered trike that is sold in California that weighs 81 lbs and he can prove that whoever wrote the weight limit was an ignoramus.
 
Here's the laws as I have them in Cali currently:

A "motorized bicycle" or "moped" is:

* A two or three-wheeled device, capable of no more than 30 mph on level ground, and equipped with:

– Fully operative pedals for human propulsion.
– A motor producing less than two gross brake horsepower and an automatic transmission.
– An electric motor, with or without pedals for human propulsion. (CVC §406(a))

Driver must have a motorcycle license (M1 or M2).

* A “motorized bicycle” is also defined as a vehicle with pedals and an electric motor (not more than 1,000 watts) which cannot be driven at speeds of more than 20 mph on level ground even if assisted by human power. (CVC §406(b)).

If you operate a motorized bicycle which meets the definition of CVC §406(b), you:

* – Must be 16 years of age or older.
– Must wear a properly fitted and fastened bicycle helmet.
– Are exempt from the motor vehicle financial responsibility, driver license, and moped plate requirements (CVC §12804.9).


* A motorized bicycle is issued special license plates and identification cards, which requires a one-time $18 fee. No renewal is required.



I just sent my requests for new plates for my wife's main ride and my fast bike. Will report back with details.
 
frame serials. They dont have to have vins.

You could probably make up a number and put "custom" manufacturer
 
cal3thousand said:
frame serials. They dont have to have vins.

You could probably make up a number and put "custom" manufacturer
If VIN is needed, EV Global ebikes have them (I think).
 
cal3thousand said:
* A motorized bicycle is issued special license plates and identification cards, which requires a one-time $18 fee. No renewal is required.

I just sent my requests for new plates for my wife's main ride and my fast bike. Will report back with details.
I'll be interested in how that looks too. I've never heard of that one.
Do you know if this is something new?
 
fechter said:
cal3thousand said:
* A motorized bicycle is issued special license plates and identification cards, which requires a one-time $18 fee. No renewal is required.

I just sent my requests for new plates for my wife's main ride and my fast bike. Will report back with details.
I'll be interested in how that looks too. I've never heard of that one.
Do you know if this is something new?

It's not new but I recently discovered it
 
fechter said:
cal3thousand said:
* A motorized bicycle is issued special license plates and identification cards, which requires a one-time $18 fee. No renewal is required.

I just sent my requests for new plates for my wife's main ride and my fast bike. Will report back with details.
I'll be interested in how that looks too. I've never heard of that one.
Do you know if this is something new?

I think this has always been the requirement. These are "moped" plates.

I considered applying (because of the speed potential of my bike) but didn't want to comply with moped lighting requirements, nor the need for a motorcycle license.
 
Avitt said:
fechter said:
cal3thousand said:
* A motorized bicycle is issued special license plates and identification cards, which requires a one-time $18 fee. No renewal is required.

I just sent my requests for new plates for my wife's main ride and my fast bike. Will report back with details.
I'll be interested in how that looks too. I've never heard of that one.
Do you know if this is something new?

I think this has always been the requirement. These are "moped" plates.

I considered applying (because of the speed potential of my bike) but didn't want to comply with moped lighting requirements, nor the need for a motorcycle license.

If you're under 1,000 watts that's not required.
 
Dauntless said:
If you're under 1,000 watts that's not required.

I believe if you travel over 30mph, you fall into the moped category, necessitating the license plate (and all that goes along with it)...Could be wrong, though.
 
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