BILL ANALYSIS Ó
AB 1096
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1096 (Chiu)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: |74-0 |(May 22, 2015) |SENATE: | 40-0 | (September 9, |
| | | | | |2015) |
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Original Committee Reference: TRANS.
SUMMARY: Defines various classes of electric bicycles and
establishes parameters for their operation in California.
The Senate amendments:
1)Require electric bicycle manufacturers to certify compliance
with equipment and manufacturing requirements.
2)Require electric bicycles to operate in a manner that such
that the electric motor disengages or stops functioning when
the brakes are applied.
3)Prohibit a person from tampering with or modifying an electric
bicycle to change its speed capability without replacing the
AB 1096
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classification label.
4)Specify that persons operating electric bicycles are not
subject to financial responsibility, driver's license,
registration, or other license plate requirements.
5)Adds provisions from AB 604 (Olsen) of the current legislative
session, to avoid chaptering out conflicts.
6)Make related, clarifying and conforming amendments.
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 four gross brake horsepower and
is capable of propelling the device at a maximum speed of not
more than 30 miles per hour (mph) 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 mph 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 than 20 mph.
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.
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AS PASSED BY THE ASSEMBLY, this bill:
1)Defined 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 mph;
b) "Class 2 electric bicycle," or "low-speed
throttle-assisted electric bicycle," which is defined as a
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 mph;
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 mph, and is equipped with a
speedometer.
2)Required 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 nine-point type.
3)Subjected a person riding an electric bicycle to all of the
same legal requirements that apply to people riding bicycles.
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4)Deleted one definition of "motorized bicycle" from existing
law and makes conforming changes.
5)Prohibited anyone under 16 from operating a Class 3 electric
bicycle.
6)Required 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)Prohibited 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)Authorized 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.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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.
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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.
This bill deletes the second category of motorized bicycles
(those 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. This bill
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, this bill 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, this bill
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 - 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. AB 1096 would create improved definitions
of electric bikes and appropriately permit more access to trails
and paths."
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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. This bill 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.
Analysis Prepared by:
Victoria Alvarez / TRANS. / (916) 319-2093 FN:
0002309