SB 1167: Vehicles: electric bicycles.

Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. Existing law classifies electric bicycles into 3 classes with different restrictions for various purposes, and requires, among other things, a class 3 electric bicycle to be equipped with a speedometer. Existing law prohibits certain vehicles that do not meet the definition of an electric bicycle from being advertised, sold, offered for sale, or labeled as an electric bicycle, as specified. A violation of the Vehicle Code is a crime.

This bill would amend the type of vehicles that are prohibited from being advertised, sold, offered for sale, or labeled as electric bicycles, including, among others, motor-driven cycles and mopeds. The bill would additionally make a violation of this provision a misleading statement for purposes of unfair competition and false advertising provisions of the Business and Professions Code. By creating new crimes related to the advertisement, sale, offer, and labeling of electric bicycles, and by expanding the application of an existing crime, this bill would impose a state-mandated local program.

Existing law defines a motor-driven cycle as any motorcycle with a motor that displaces less than 150 cubic centimeters.

This bill would revise the definition of motor-driven cycle to mean any motorcycle propelled by an internal combustion engine that displaces less than 150 cubic centimeters, or by an electric motor of less than 3,750 watts that produces 5 brake horsepower or less, and is designed for highway use, complies with all applicable federal motor safety standards, and meets all of the equipment requirements of the Vehicle Code.

Existing law defines a motorized bicycle or moped as 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.

This bill would delete references to motorized bicycle in the Vehicle Code and replace the term with moped. The bill would revise the definition of a moped to mean a two-wheeled or three-wheeled device that has an electric motor of less than 3,000 watts or an internal combustion engine that produces less than 4 gross brake horsepower, is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground, is designed for highway use, complies with all applicable federal motor safety standards, and meets all of the equipment requirements of the Vehicle Code. The bill would specify that a moped may be equipped with operable pedals for propulsion by human power.

Existing law requires every manufacturer of a motorized bicycle or moped to provide a specified disclosure to buyers.

This bill would instead require every manufacturer, importer, or seller of a motor-driven cycle, moped, or electric off-road motorcycle that is powered by an electric motor to provide a specified disclosure to all potential buyers in any advertising, including any online advertising on internet websites or social media. The bill would additionally make a violation of this provision a misleading statement for purposes of unfair competition and false advertising provisions of the Business and Professions Code. By creating new crimes related to disclosure requirements on manufacturers, importers, or sellers of motor-driven cycles, mopeds, or electric off-road motorcycles, and by expanding the application of an existing crime, this bill would impose a state-mandated local program.

Existing law requires manufacturers and distributors of electric bicycles to apply a label that is permanently affixed, in a prominent location, to each electric bicycle. Existing law requires the label to contain the classification number, top assisted speed, and motor wattage of the electric bicycle, as specified.

This bill would require manufacturers and distributors of mopeds and motor-driven cycles to apply a similar label. The bill would make it unlawful for a person to sell an electric bicycle, moped, or motor-driven cycle in violation of the labeling and disclosure requirements mentioned above. By expanding the application of an existing crime, this bill would impose a state-mandated local program.

This bill would prohibit a person from selling or installing an electric bicycle classification label unless the classification label is sold and installed in a physical retailer or bicycle repair shop. The bill would require a retailer and bicycle repair shop of electric bicycles to verify that the classification label matches the electric bicycle class before installing the classification label on an electric bicycle. By expanding the application of an existing crime, this bill would impose a state-mandated local program.

This bill would require any incident report filed by a peace officer for an injury or crash involving an electric bicycle, moped, and motor-driven cycle to include specified marking or label information affixed on the electric bicycle, moped, and motor-driven cycle or to indicate that a marking or label was not available. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.

Existing law defines an off-highway motor vehicle as a motor vehicle that operates on lands, other than a highway, that are open and accessible to the public, as specified. Existing law establishes rules for the operation of an off-highway vehicle. Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, except as specified.

This bill would explicitly clarify that off-highway electric motorcycles are subject to identification as off-highway motor vehicles. The bill would also prohibit the use, allowing to use, or operation of an off-highway electric motorcycle, motorcycle, motor-driven cycle, or moped powered by an electric motor on any forest-covered land, brush-covered land, or grass-covered land unless the vehicle has been certified by an accredited independent laboratory, as specified, and the name or mark of the certifying laboratory is permanently marked on the vehicle or on its drive system. By creating new crimes related to the operation of off-highway vehicles, this bill would impose a state-mandated local program.

Existing law authorizes a peace officer to remove a vehicle that (1) has fewer than 4 wheels, but that does not meet the definition of an electric bicycle, if that vehicle is powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway and is being operated by an operator without a current license to operate the vehicle, or (2) is a class 3 electric bicycle being operated by a person under 16 years of age.

This bill would additionally prohibit a person from operating a 2-wheeled or 3-wheeled device powered by an electric motor that is capable of propelling the device at a speed greater than 20 miles per hour on level ground on a highway or public right-of-way when powered solely by the motor unless the device meets the definition of a device that is explicitly defined in, and authorized for use on a highway or public right-of-way by, the Vehicle Code. The bill would authorize a peace officer to remove the vehicle if the vehicle is a 2-wheeled or 3-wheeled unauthorized device being operated by a person on a highway or public right-of-way. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.

This bill would make other clarifying and conforming changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.