BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 1096 Hearing Date: 6/23/2015
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|Author: |Chiu |
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|Version: |6/15/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Christine Hochmuth |
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SUBJECT: Vehicles: electric bicycles
DIGEST: This bill establishes new categories of electric
bicycles and places restrictions on their operation.
ANALYSIS:
Existing law:
1)Defines "motorized bicycles" or "mopeds" as a two- or
three-wheeled device with fully operative pedals for
human-powered propulsion, or having no pedals if powered
solely by electrical energy, and an automatic transmission and
a motor that is less than 4 horsepower and is capable of
propelling the device at a maximum speed of not more than 30
miles per hour (mph).
2)Defines a "motorized bicycle" as a device that has fully
operative pedals for propulsion by human power and has an
electric motor that meets all the following requirements:
a) Has a maximum power output of 1,000 watts.
b) Propels the device at a speed of not more than 20 mph.
c) Cannot increase the speed of the device when human power
is used to propel the device faster than 20 mph.
1)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
AB 1096 (Chiu) Page 2 of ?
with jurisdiction over the facility permits their operation.
2)Establishes requirements for helmet use for operators and
passengers of bicycles (children under 18), motorcycles (all
ages), motorized scooters (all ages), and motorized bicycles
(all ages).
3)Sets a minimum age for the operation of motorized bicycles (16
and older).
This bill:
1)Removes from the Vehicle Code the second definition of
motorized bicycle detailed above (those with a top speed of 20
mph).
2)Adds a new section to the vehicle code in order to define and
categorize electric bicycles into three classes based on
maximum motor speed and type of assist provided (classes
described in comments).
3)Prohibits a Class 3 electric bicycle from being operated on a
bicycle path or trail, bikeway, or bicycle lane, unless it is
within or adjacent to a roadway or unless expressly permitted
by the appropriate local authority that has jurisdiction.
4)Allows Class 1 or Class 2 electric bicycles to be operated on
a bicycle path or trail. However, a local authority or
governing body of a public agency that has jurisdiction over a
bicycle path or trail, equestrian trail, or hiking or
recreational trail may prohibit, by ordinance, the operation
of a Class 1 or Class 2 electric bicycle on that path or
trail.
5)Prohibits a person under the age of 16 from operating a Class
3 electric bicycle. Requires an operator or passenger of a
Class 3 electric bicycle to wear a helmet while on a street or
bikeway.
COMMENTS:
1)Purpose of the bill. 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 - but
AB 1096 (Chiu) Page 3 of ?
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. The
author introduced this bill to create improved definitions of
electric bikes and appropriately permit more access to trails
and paths.
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| | Motorized | Motorized | e-bike | e-bike | e-bike |
| |bicycle VEH 406 |bicycle VEH 406 | Class 1 | Class 2 | Class 3 |
| | (a) | (b) * | | | |
-----------------------------------------------------------------------------------------------------
|--------+------------+------------+---------+----------+---------|
|Definiti|Any two- or |Has pedals |Low-speed|Low-speed |Pedal-ass|
|on |three-wheele|and an | |throttle-a|isted |
| |d device |electric |pedal-ass|ssisted |electric |
| |with |motor that |isted |electric |bicycle, |
| |pedals, or |meets all |electric |bicycle, |equipped |
| |without |of the |bicycle, |equipped |with a |
| |pedals if |following |equipped |with a |motor |
| |powered |requirements|with a |motor |that |
| |solely by |: |motor |that may |provides |
| |electrical |1) power |that |be used |assistanc|
| |energy, and |output of |provides |exclusivel|e only |
| |an |not more |assistanc|y to |when the |
| |automatic |than 1000 |e only |propel |rider is |
| |transmission|watts |when the |the |pedaling |
| | and a |2) Cannot |bicycle |bicycle |and |
| |motor that |move the |reaches |and is |ceases |
| |produces |device at a |20 mph |incapable |to |
| |less than 4 |more than | |of |provide |
| |gross brake |20 mph | |provided |assistanc|
| |horsepower |3) Cannot | |assistance|e when |
| |and is |increase | | when the |the |
| |capable of |the speed | |bicycle |bicycle |
| |propelling |of the | |reaches |reaches |
| |the device |device when | |20 mph |28 mph, |
| |at a |human power | | |equipped |
AB 1096 (Chiu) Page 4 of ?
| |maximum |is used to | | |with a |
| |speed of |propel the | | |speedomet|
| |not more |bike faster | | |er |
| |than 30 mph |than 20 mph | | | |
| | | | | | |
|--------+------------+------------+---------+----------+---------|
|Driver's| Yes - M2 | No | No | No | No |
| | | | | | |
|License | | | | | |
|required| | | | | |
|? | | | | | |
|--------+------------+------------+---------+----------+---------|
|Helmets | Yes, | Yes, bike | Under |Under 18, | Yes, |
|required| motorcycle | helmet |18, bike | bike | bike |
|? | helmet | | helmet | helmet |helmet |
|--------+------------+------------+---------+----------+---------|
|Age | 16 years | 16 years | No | No |16 years |
|requirem| old | old | | |old |
|ent | | | | | |
|--------+------------+------------+---------+----------+---------|
|Permitte| No, unless | No, unless | Yes, | Yes, | No, |
|d on |approved by |approved by | unless | unless | unless |
|Bike | local | local |prohibite|prohibited|approved |
|Path? | authority | authority | d by | by local |by local |
| | | | local |authority |authority|
| | | |authority| | |
| | | | | | |
|--------+------------+------------+---------+----------+---------|
|Subject | Yes | Yes | Yes | Yes |Yes |
|to DUI | | | | | |
|laws? | | | | | |
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Table comparing regulations on motorized bicycles and all
classes of electric bicycles
* This bill eliminates the second category of motorized
bicycles.
2)Electric bicycles. This bill classifies electric bicycles
based on the type of motorized assistance that they provide to
riders and the maximum speed at which their motors can provide
assistance. Class 1 and Class 2 cannot provide assistance
once the bike reaches 20 mph. Class 3 can provide assistance
up to 28 mph. (It should be noted that all classes are
capable of obtaining greater speeds with human power.)
AB 1096 (Chiu) Page 5 of ?
Pedal assist is a mode that provides power only when the
operator is pedaling. Certain electric bicycles come
equipped with a throttle that when engaged causes the motor
to provide power and propel the operator and the bicycle
forward.
3)Safety first. Recent amendments address committee staff
concerns that the motor of electric bicycles should be
disengaged or cease to function when the brakes are applied
and that electric bicycles should not be tampered with to
alter their speed, similar to the regulations governing
motorized bicycles. Additionally, it has been clarified that
electric bicycles are not motor vehicles and as such are not
subject to driver's license, registration, and license plate
requirements.
4)Like bicycles. This bill would uphold electric bicycles to
the same regulations (specified in Article 4 of the Vehicle
Code) as bicycles, including provisions relating to helmets
for minors, biking under the influence, equipment
requirements, etc.
5)Local control. This bill allows electric bicycle riders
(Class 1 and 2) to 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. This bill
prohibits Class 3 electric bikes on paths and trails unless
expressly authorized, again allowing for flexibility at the
local level.
6)Age requirements. This bill imposes a minimum age of 16 for
the operation of Class 3 bicycles, while there is no specified
minimum age for Class 1 and Class 2.
Related Legislation:
AB 875 (Harper) - redefines a motorized bicycle by renaming it a
"low-speed electric bicycle," stating that it can have either
two or three wheels, lowering the maximum power output to 750
watts, and requiring that it weigh no more than 80 pounds. The
bill exempts a low-speed electric bicycle from the prohibition
on the operation of a motorized bicycle on a bicycle path or
trail, bikeway, bicycle lane established as provided, equestrian
trail, or hiking or recreational trail. AB 875 is currently in
the Assembly Transportation Committee, and its author is now a
AB 1096 (Chiu) Page 6 of ?
co-author on AB 1096.
AB 2173 (Bradford, Chapter 60, Statutes of 2014) - increases the
maximum horsepower allowed under state law for electric scooters
and mopeds from two to four.
Assembly votes:
Floor: 74-0
Appr: 17-0
Trans: 15-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: Yes
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 17, 2015.)
SUPPORT:
California Bicycle Coalition (sponsor)
Currie Tech Corporation
Bicycle Product Suppliers Association
Felt Racing, LLC
People for Bikes
Yuba Bicycles, LLC
OPPOSITION:
None received
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