BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1096|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 1096
Author: Chiu (D), et al.
Amended: 6/15/15 in Senate
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 9-0, 6/23/15
AYES: Beall, Allen, Bates, Gaines, Galgiani, Leyva, Mendoza,
Roth, Wieckowski
NO VOTE RECORDED: Cannella, McGuire
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for
vote
SUBJECT: Vehicles: electric bicycles
SOURCE: California Bicycle Coalition
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
AB 1096
Page 2
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.
3)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.
4)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).
5)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
AB 1096
Page 3
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
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 |
AB 1096
Page 4
| |transmission|watts |when the |the |pedaling |
| | and a |2) Cannot |bicycle |bicycle |and |
| |motor that |move the |reaches |and is |ceases |
| |produces |device at |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 |
| |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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AB 1096
Page 5
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.)
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 Senate Transportation
and Housing 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) 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
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Page 6
the operation of Class 3 bicycles, while there is no specified
minimum age for Class 1 and Class 2.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified 7/7/15)
California Bicycle Coalition (source)
Bicycle Product Suppliers Association
Currie Tech Corporation
Bicycle Product Suppliers Association
Felt Racing, LLC
People for Bikes
Robert Bosch LLC
Shimano American Corporation
Specialized Bicycle Components, Inc.
Yuba Bicycles, LLC
OPPOSITION: (Verified7/7/15)
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,
Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron,
Weber
Prepared by:Christine Hochmuth / T. & H. / (916) 651-4121
7/8/15 16:32:58
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