BILL ANALYSIS �
AB 2173
Page 1
Date of Hearing: April 28, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2173 (Bradford) - As Amended: April 22, 2014
SUBJECT : Vehicle: electric bicycles
SUMMARY : Redefines lower speed motorized bicycles as "low-speed
electric bicycles," allows low-speed electric bicycles to be
operated on all bicycle trails and pedestrian and equestrian
trails unless specifically prohibited by a local jurisdiction,
and amends the definition of a motorized bicycle or moped.
Specifically, this bill :
1)Increases the allowable engine horsepower of motorized
bicycles or mopeds from 2 brake horsepower to 4 brake
horsepower.
2)Redefines a lower speed motorized bicycle as a "low-speed
electric bicycle" to mean a two- or three-wheeled device with
fully operative pedals for propulsion by human power with an
electric motor that meets the following requirements;
a) Produces 750 watts or 1 horsepower;
b) Is incapable of propelling the device at a speed of more
than 20 miles per hour (mph) on a paved level surface, when
powered solely by a motor when ridden by an operator who
weighs 170 pounds;
c) Is incapable of further increasing the speed of the
device when human power is used to propel the device faster
than 20 mph; and.
d) Has a weight of not more than 80 pounds.
3)Maintains existing requirements that manufacturers of
low-speed electric bicycles:
a) Provide buyer disclosures, as specified;
b) Comply with federal equipment and manufacturing
requirements for bicycles;
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c) Comply with the requirement that these devices disengage
or stop functioning when the brakes are applied or that the
motor disengage or stop functioning when a switch or other
mechanism is applied; and,
d) Certify compliance with equipment and manufacture
requirements for bicycles adopted by the Consumer Product
Safety Commission (CPSC).
4)Maintains existing requirements that operators of low-speed
electric bicycles comply with existing helmet and driving
under the influence of drugs and alcohol laws.
5)Maintains the existing requirements that exempt low-speed
electric bicycles from compliance with financial
responsibility, driver's licenses, registration, and license
plate requirements.
6)Maintains the existing requirements specifying that low-speed
electric bicycles are not motor vehicles.
7)Maintains the existing requirements that low-speed electric
bicycles be operated by persons age 16 or older.
8)Maintains the existing requirements prohibiting tampering or
modifying low-speed electric bicycles to increase speed
capability.
9)Authorizes low-speed electric bicycles to be operated on all
bicycle paths or trails, bikeways, bicycle lanes, equestrian
trails, and hiking or recreational trails unless specifically
prohibited by local ordinance with jurisdiction over that
facility.
10)Makes related, conforming changes.
EXISTING LAW :
1)Generally defines a motorized bicycle as a device with two or
three wheels with fully operative pedals for propulsion by
human power (or no pedals for those devices with an electric
motor) with an automatic transmission and a motor or an
electric motor that travels at speeds ranging from 20 to 30
mph on level ground.
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2)Provides that certain motorized bicycles or mopeds have a
motor that produces a maximum of 2 horsepower.
3)Requires compliance with a variety of manufacturing,
disclosure, safety, and operational requirements.
4)Prohibits operation of motorized bicycles on all bicycle paths
or trails, bikeways, bicycle lanes, equestrian trails, and
hiking or recreational trails unless a local authority having
jurisdiction over the facility permits their operation, by
ordinance.
FISCAL EFFECT : Unknown
COMMENTS : Existing law provides for two motorized bicycle
categories. These categories are generally separated into two
speed classifications with the first having a 30 mile per hour
(mph) allowable speed, pedals for human propulsion, and a motor
that produces less than 2 horsepower (This category also
includes devices that are powered solely by an electric motor
but do not have pedals-like an electric-powered Vespa). The
second category includes those devices that can attain a maximum
speed of 20 mph, have a 1,000 watt (approximately 1.4
horsepower) motor, and pedals for human propulsion.
Motorized bicycles are authorized for use on public streets and
roads as well as on some state highways, with prior
authorization by the Department of Transportation. Motorized
bicycles are prohibited from being operated on bicycle paths or
trails, bikeways, bicycle lanes, and equestrian or hiking trails
unless it is within or adjacent to a roadway or 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 and
motorized bicycles are subject to varying operational and safety
requirements.
Motorized bicycle: horsepower increase : The first provision of
this bill would authorize an increase in the power of a
motorized bicycle motor (from 2 to 4 horsepower) for those
motorized bicycles that have a maximum allowable speed of 30
mph. This change would allow these devices to have sufficient
power to maintain travel speeds on hills. Specifically, the
author notes that allowing these vehicles to have more powerful
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motors would improve roadway safety because when motorized
bicycles fail to keep up with surrounding traffic they create a
substantial hazard for both the operator (who can be easily
"rear ended") as well as for other vehicles using the roadway
(e.g., who may need to stop abruptly or swerve to avoid a
collision).
Federal law governing motorized bicycles generally provides that
two-wheeled vehicles such as a bicycle with an add-on internal
combustion engine are allowed five brake horsepower or less and
a speed capability of more than 20 mph. Therefore, increasing
engine power from 2 horsepower to 4 horsepower for motorized
bicycles does not appear to place them out of compliance with
federal requirements and would improve safety for all roadway
users.
Low-speed electric bicycle definition : According to the author,
low-speed electric bicycles that are being manufactured today do
not fit neatly into the existing definition of a motorized
bicycle. Specifically, the author notes that for the most part,
low-speed electric bicycles are somewhat of a hybrid since they
have pedals for propulsion but much lower engine power output (1
horsepower) than the second category of lower-speed motorized
bicycle.
To correct this, the author and the sponsor (California Electric
Bicycle Association) seek to clearly define low-speed electric
bicycles in existing law. To accomplish this, this bill
redefines the lower-speed (20 mph) motorized bicycle category as
a low-speed electric bicycle by deleting the requirement that
these vehicles have a 1,000 watt (1.3 horsepower) engine output
and instead specifying that low-speed electric bicycles have an
electric engine with a maximum power output of 750 watt (1
horsepower). Additionally, the bill clarifies that the 20 mph
maximum speed for low-speed electric bicycles is that which can
be achieved on a paved level surface when powered solely by a
motor when ridden by an operator who weighs 170 pounds. This
bill also clarifies that low-speed electric bicycles cannot have
electric motors that weigh more than 80 pounds. Additionally,
this bill also maintains that all manufacturer requirements,
including buyer disclosures that applied to lower speed
motorized bicycles would continue to apply to the newly defined
low-speed electric bicycles.
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It is not clear if the author intends that all provisions of law
that apply to lower-speed motorized bicycles would continue to
apply to this newly created category of low-speed electric
bicycles since this bill fails to cross reference this newly
created low-speed electric bicycle category into other related
sections of existing law. Therefore, the bill, as written would
not subject low-speed electric bicycles to the same operational,
equipment, and safety provisions that currently apply to
motorized bicycles.
Low-speed electric bicycle use on bike paths : Existing law
defines a variety of facilities for the exclusive, or near
exclusive, use of bicycles and pedestrians including Class I
bikeways, such as "bike paths" that provide a completely
separated right-of-way designated for the exclusive use of
bicycles and pedestrians; Class II bikeways such as "bike lanes"
that provide for semi-exclusive use by bicycles; and Class III
bikeways such "bike routes" that provide shared access to
pedestrians and motorists.
The majority of Class I and II bikeways, as well as equestrian
trails and hiking or recreational trails, are created and
maintained by local jurisdictions for use by pedestrians and
bicyclists. Because use of motorized bicycles are prohibited by
law on these facilities, if a local jurisdiction wishes to allow
motorized bicycles, they must pass an ordinance (or "opt in") to
allow motorized bicycle use. In this way, local jurisdictions
are able to control the use of their facility to allow access
for particular users on a case-by-case basis to meet specific
needs and conditions.
This bill would reverse the equation, so to speak, by allowing
low-speed electric bicycles full access on all bicycle,
pedestrian, and equestrian facilities and requiring local
jurisdictions to pass ordinances prohibiting low-speed electric
vehicle use ( "opting out"), as needed. This bill, in essence,
places the burden on local jurisdictions to identify and
specifically exclude these devices from facilities they own,
operate, and maintain. If a jurisdiction fails to prohibit
these devices from trails where they cannot be safely operated,
it is possible that the local jurisdiction could be liable for
any accidents that result.
A number of industry representative writing in support of the
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bill note that low-speed electric bicycles make cycling
accessible to a much greater segment of the population and that
these users should be allowed to access bike paths that are now
open to conventional bicycles. The Metropolitan Transportation
Commission (MTC), writing in support of the bill, suggests that
broadening access to electric bikes makes sense and they note
that a number of jurisdictions in the San Francisco Bay Area
have already taken steps to allow these devices on numerous
facilities. MTC recommends, however, that this bill should
clarify that local jurisdictions who exclude low-speed electric
bicycles from certain paths and trails should be required to
post signs at trail access points so that riders are made aware
of the policy and not be subject to fines without appropriate
notice.
Writing in opposition to the bill, California Walks points out
that this bill would allow low-speed electric bicycles, which by
definition can travel at speeds of up 20 mph, on bicycle paths
and trails where some users travel at considerably slower
speeds. They note that the Federal Highway Administration
calculates the average speed of an adult bicyclist at 12.8 mph,
in-line skaters at 10.1 mph, child bicyclists at 7.9 mph,
runners at 6.5 mph, and pedestrians at 3.4 mph. They express
concerns that low-speed electric bicycles would be traveling at
speeds several magnitudes greater than other users. They cite
established automobile-pedestrian collision statistics that show
when vehicles traveling at 20 mph collide with pedestrians,
there is a 65% risk of injury and a 5% chance of death to the
pedestrian.
Writing to express their concerns with this bill, the Regional
County Representatives of California (RCRC) also point out
safety concerns associated with allowing low-speed electric
bicycles universal access to shared-use bicycle paths and
trails. They note that local agencies design and construct
these facilities using design criteria for non-motorized users,
therefore, their designs do not consider things like speed,
curvature, line of sight, or clearance that are required to
provide for safe motorized travel. They also contend that
allowing low-speed electric bicycles on bicycle, walking, and
equestrian trails would increase the safety risk for all users
primarily because of higher differential speeds. RCRC also
expressed concerns that the "opt out" rather than "opt in"
provisions would force local jurisdictions to retain liability
for accidents that may occur. They claim that if the "opt out"
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option must be exercised to protect liability, local
jurisdictions would be forced to evaluate each facility for
suitability and pass individual ordinances or resolutions
precluding low-speed electric bicycle use and subsequently sign
all facilities at great expense. Lastly, RCRC points out that
bikeways and trails described in this bill belong to local
jurisdictions and are often constructed and maintained using
local, state, and federal grant monies that specifically support
non-motorized modes of transportation. RCRC expressed concerns
that allowing low-speed electric bicycles to use these
facilities could jeopardize present and future grant funding
that is critical to maintaining these facilities and
constructing new ones.
Also writing in opposition to this bill, CSAC Excess Insurance
Authority (EIA) notes that in most areas, paths and trails are
quite congested and, as a result, most jurisdictions have
limited bicycle speeds to 15 mph to enhance safety. EIA
expressed concerns that allowing low-speed electric bicycles
that can travel at speeds up to 20 mph, to use these facilities
would add an unnecessary hazard for all users. They contend
that the cities and counties that maintain these facilities
would be looked to as the "deep pocket" for recovery when
injuries occur.
Author's proposed amendments : The author has indicated his
intent to amend the bill in committee to strike provisions
related to redefining lower-speed motorized bicycles as
"low-speed electric bicycles" and allowing low-speed electric
bicycles to be operated on all bicycle trails and pedestrian and
equestrian trails. This would leave provisions related to
amending the definition of a motorized bicycle or moped to allow
for increased horsepower.
Related legislation: AB 2054 (Olsen) would have authorized the
use of electrically motorized skateboards, with a power output
of not more than 1,000 watts capable of travelling at speeds of
not more than 20mph, on bicycle lanes, bikeways, bicycle paths
and trails unless specifically prohibited by ordinance. That
bill was schedule to be heard in the Assembly Transportation
Committee but was pulled by the author.
REGISTERED SUPPORT / OPPOSITION :
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Support
CalEBA (co-sponsor)
Scoot Networks (co-sponsor)
Alliance for Biking and Walking
Bike Newport Beach
Currie Tech
Emotion Electric Bikes
Metropolitan Transportation Commission
Pedego Electric Bikes
Shimano American Corporation
Opposition
California Walks
CSAC Excess Insurance Authority
2 Individuals
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093