BILL ANALYSIS Ó
AB 1096
Page 1
Date of Hearing: April 27, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
AB 1096
(Chiu) - As Amended April 29, 2015
SUBJECT: Vehicles: electric bicycles
SUMMARY: Defines various classes of electric bicycles and
establishes parameters for their operation in California.
Specifically, this bill:
1)Defines an "electric bicycle" as a bicycle equipped with fully
operable pedals and an electric motor of less than 750 watts
and establishes the following three classes of electric
bicycles:
a) "Class 1 electric bicycle," or "low-speed
pedal-assisted electric bicycle," which is defined as a
bicycle equipped with a motor that provides assistance only
when the rider is pedaling and that ceases to provide
assistance when the bicycle reaches the speed of 20 miles
per hour;
b) "Class 2 electric bicycle," or "low-speed
throttle-assisted electric bicycle," which is defined as a
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bicycle equipped with a motor that may be used exclusively
to propel the bicycle and that is not capable of providing
assistance when the bicycle reaches the speed of 20 miles
per hour; and
c) "Class 3 electric bicycle," or "speed pedal-assisted
electric bicycle," which is defined as a bicycle equipped
with a motor that provides assistance only when the rider
is pedaling and that ceases to provide assistance when the
bicycle reaches the speed of 28 miles per hour, and is
equipped with a speedometer.
2)Requires manufacturers and distributors of electric bicycles,
on or after January 1, 2017, to apply a label that is
permanently affixed, in a prominent location, to each electric
bicycle that contains the classification number, top assisted
speed, and motor wattage of the electric bicycle printed in
Arial font in at least 9-point type.
3)Subjects a person riding an electric bicycle to all of the
same legal requirements that apply to people riding bicycles.
4)Deletes one definition of "motorized bicycle" from existing
law and makes conforming changes.
5)Prohibits anyone under 16 from operating a Class 3 electric
bicycle.
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6)Requires anyone operating, riding as a passenger on, in a
restraining seat attached to, or in a trailer towed by a Class
3 electric bicycle to wear a properly fitted and fastened
bicycle helmet.
7)Prohibits the operation of a Class 3 electric bicycle on a
bicycle path or trail, bikeway, bicycle lane, equestrian
trail, or hiking or recreational trail, unless it is within or
adjacent to a roadway or unless the local authority or the
governing body of a public agency having jurisdiction over
such path or trail permits such operation.
8)Authorizes local authorities and public agencies with
jurisdiction over bicycle paths or trails, equestrian trails,
or hiking or recreational trails to prohibit the operation of
Class 1 and Class 2 electric bicycles on that path or trail.
EXISTING LAW:
1)Defines a "motorized bicycle" or "moped" as a two-wheeled or
three-wheeled device with fully operative pedals for
propulsion by human power, or with 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.
2)Additionally defines "motorized bicycle" as a device that has
fully operative pedals for propulsion by human power and has
an electric motor that has a power output of not more than
1,000 watts, is incapable of propelling the device at a speed
of more than 20 miles per hour on level ground, and is
incapable of further increasing the speed of the device when
human power is used to propel the motorized bicycle faster
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than 20 miles per hour.
3)Requires compliance with a variety of manufacturing,
disclosure, safety, and operational requirements.
4)Prohibits the operation of motorized bicycles on all bicycle
paths or trails, bikeways, bicycle lanes, equestrian trails,
and hiking or recreational trails unless the local authority
with jurisdiction over the facility permits their operation.
FISCAL EFFECT: Unknown
COMMENTS: Existing law provides for two categories of motorized
bicycle. Bicycles in the first category have a maximum
allowable speed of 30 mph, pedals for human propulsion, and a
motor that produces no more than four horsepower. This category
also includes devices that are powered solely by an electric
motor but do not have pedals, like an electric-powered Vespa.
Bicycles in the second category have a maximum allowable speed
of 20 mph, a 1,000-watt (approximately 1.4 horsepower) motor,
and pedals for human propulsion.
Current law authorizes the use of motorized bicycles on public
streets and roads, as well as on some state highways with prior
authorization by the Department of Transportation. The law
prohibits them from being operated on bicycle paths or trails,
bikeways, bicycle lanes, and equestrian or hiking trails except
those within or adjacent to a roadway, unless the local
authority having jurisdiction over the bike path or trail
approves their use by ordinance. According to the California
Highway Patrol, operation of motorized bicycles generally
requires a Class C driver's license with an M2 endorsement.
Motorized bicycles are also subject to various operational and
safety requirements.
AB 1096 deletes the second category of motorized bicycles (those
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with a top speed of 20 mph) and instead creates a new section of
law to define three classes of electric bicycles and generally
treats them similarly to other bicycles. AB 1096 restricts the
use of Class 3 electric bikes, those that have the highest top
speed, to those 16 and up and requires all riders to wear a
helmet. In addition, AB 1096 prohibits Class 3 electric bikes on
paths and trails unless expressly authorized and permits local
authorities to restrict the use of Class 1 and Class 2 electric
bikes on paths and trails. Finally, AB 1096 requires electric
bikes to be affixed with a label that specifies which class it
is to allow for easy identification by law enforcement.
According to the author, "California's regulations of electric
bicycles are outdated. Modern electric motor-assisted bicycles
are designed to behave almost exactly like a regular bicycle -
just easier to pedal - buy they are regulated as 'motorized
bicycles' with restrictions that bar their use on most bicycle
paths. Ambiguous language in the description of electric bikes
creates confusion for manufacturers and consumers in this
fast-growing market. AB 1096 would create improved definitions
of electric bikes and appropriately permit more access to trails
and paths."
California's laws around motorized bicycles did not conceive of
the types of electric bicycles that exist today, which are
functionally similar to regular bicycles. AB 1096 recognizes
that the law needs to be updated and offers a comprehensive
approach that addresses the various types of electric bicycles
that are available on the market. It is a reasonable approach
that ensures that electric bicycle riders can use roads just
like other bicycle riders while also providing for some measure
of local control if safety concerns arise on specific paths or
trails.
Prior legislation: AB 2173 (Bradford), Chapter 60, Statutes of
2014, increased the maximum allowable horsepower from two to
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four in the definition of motorized bicycle and moped. When AB
2173 was introduced it also included language change the
definition of "motorized bicycle" to accommodate modern electric
bicycles, but that language was eventually amended out of the
bill.
REGISTERED SUPPORT / OPPOSITION:
Support
California Bicycle Coalition (Sponsor)
Bicycle Product Supplier Association
Bosch
Currie Tech
Felt Bicycles
Mahindra GenZe
People for Bikes
Shimano American Corporation
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Specialized Bicycle Components
Yuba Bicycles
Opposition
None on file
Analysis Prepared by:Anya Lawler / TRANS. / (916) 319-2093