By admin 
Starting next year, an electric motorcycle that can speed over 28 mph can no longer be marketed as an e-bike in California, according to legislation signed Wednesday by Gov. Gavin Newsom.
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Senate Bill 1167, introduced by Sen. Catherine Blakespear, D-Encinitas, clarifies which vehicles do and do not classify as Class 1, 2 or 3 electric bicycles. Specifically, the legislation says that devices faster and more powerful than e-bikes must be referred to and marketed as mopeds or motor-driven cycles.
Blakespear said the law is focused on enhancing consumer protections, because many residents and parents looking to purchase e-bikes have ultimately been sold a very different and much less controllable product.
“There are so many examples of essentially motorcycles being driven by kids that are underage and parents buying things that they don’t even know what it is,” Blakespear said.
“Bicycle safety starts with knowing what your bike can do and following the safety requirements that come with it,” she said in a news release announcing SB 1167 had been signed into law.
The law also creates new requirements for labeling and obligations for law enforcement that will improve the accuracy of crash reporting. The latter will address a longstanding issue in which many different types of electric transportation modes have been labeled “e-bikes,” which has muddied the data in police and hospital records, according to previous Sacramento Bee reporting.
Kendra Ramsey, executive director of the California Bicycle Coalition, said she expected SB 1167 would be signed into law because it had bipartisan support, had zero recorded “no” votes in the state Legislature, and was “common sense” legislation. But still, she said, this final step is cause for celebration.
“We’re very excited that Governor Newsom and his team recognize the value of adding this as a protection for consumers in the state, and really as another tool for the public and for the folks that make and sell e-bikes to be more clear about what’s on the market,” said Ramsey, whose organization was co-sponsoring SB 1167.
What will change under SB 1167?
The bill would classify electric vehicles, outside of cars, as mopeds, motor-driven cycles or one of California’s three classes of e-bikes, depending on their design and performance.
Highway-use electric motorcycles with motors up to 3.75 kilowatts, or about 5 horsepower, will be labeled motor-driven cycles — a title that formerly applied to only gas-powered vehicles.
Mopeds, which are also in the vehicle code, would include two- or three-wheel vehicles that can travel up to 30 mph with an electric motor of less than 3 kilowatts or an internal combustion engine that produces less than 4 horsepower. Under the new law, only those that use liquid fuel require a muffler.
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Both of these devices, as well as motorized scooters, pocket bikes and off-highway vehicles, will not be able to be marketed or sold as e-bikes starting Jan. 1, 2027, according to SB 1167. The only devices that can be sold as e-bikes are those that fall into the three categories defined by California law.
Class 1 bikes provide pedal assistance up to 20 mph. Class 2 bikes include a throttle but stop providing assistance at 20 mph. Class 3 bikes provide pedal assistance up to 28 mph and require riders to be at least 16 years old.
“Starting out by saying a legal e-bike is something defined in law, and you can’t sell something under the term e-bike unless it actually meets those qualifications, is just a really common sense way to differentiate between legal devices and devices that are not bicycles,” Ramsey said.
Under the new law, the labels for these e-bikes not only have to include top assisted speed, motor wattage and its Class, but also the brand name and name of the manufacturer, importer or distributor. The rules for selling e-bike classification labels also would become stricter.
Similar labels would be required for mopeds and motor-driven cycles.
Electric bicycles were the focus of about nine bills introduced in the Legislature. However, SB 1167 is only the second e-bike related bill to be signed into law. The first was AB 1569, which requires the California Department of Education and Department of Highway Patrol to develop an e-bike safety program for students in grades 7-12.
Assembly Bill 2346, which would set statewide sidewalk speed limit and impose new requirements on e-bike sellers and manufacturers, reached Newsom’s desk. However, it has not been signed as of Wednesday.
Ramsey said she believes SB 1167 was successful because it focused on clarifying the difference between e-bikes and illegal devices, rather than limiting legal e-bike use.
What’s next for e-bikes, e-motos in California?
Blakespear said that manufacturers, advertisers and sellers should start working now on how to get into compliance with the law, which goes into effect in about three months.
Moving forward, she said she hopes that California residents use these new regulations to help them make better choices for themselves and for their children.
“Safety is all of our responsibilities,” Blakespear said. “The government needs to do its part in regulating what can be sold in the marketplace, but the people need to buy… safely.”
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