California has been at the forefront of the nation in the popularity of electric bicycles (eBikes), with more and more residents opting for this smaller, more efficient mode of transport as an alternative to cars. However, as the number of high-powered eBikes continues to grow, these models are posing a challenge to existing eBike regulations, and in response, California has officially implemented a new eBike regulation.
The new regulation seeks to clarify which eBikes are legal for the road and which are in violation. Specifically, the regulation addresses the growth in the number of high-powered eBikes that use traditional eBike parts but are approaching the speed and power of mopeds and light motorbikes.
One such bill, SB No. 1271, was signed into law last year and goes into effect on 1 January 2025. The bill covers several new eBike regulations, including fire safety regulations and third-party safety certification requirements that will go into effect in the next few years, as well as further tightening of the three-tier eBike system by restricting which eBikes can include manual throttles.
Among other things, the following vehicles are not eBikes under these regulations and may not be advertised, sold, offered for sale or labelled as eBikes:
1. a two- or three-wheeled vehicle powered by an electric motor that is planned by the manufacturer to be modified so that it is capable of reaching a speed of more than 20 miles per hour or a power of more than 750 watts by electric motor power alone.
2. Vehicles that have been modified to achieve speeds greater than 20 miles per hour by motor power alone, or to achieve motor power in excess of 750 watts.
3. Vehicles that have been modified to remove the operable pedals.
These three points are used to exclude vehicles from the legal definition of an electric bicycle in California. This does not necessarily make these vehicles ‘illegal’ per se, as they can still be sold, purchased, and ridden in California, just not as ‘e-bikes’. However, it may be illegal to use them on public roads or bike paths where they are prohibited or not properly registered.
This affects not only how such vehicles are marketed, but also where and how they are used. Powerful e-bikes that are not currently regulated as ‘e-bikes’ can still be used off-road on private property or in permitted areas, and may be travelled on public roads if they are properly registered as a moped or motorbike, although this also requires that the e-bike complies with the regulations for this type of vehicle.
Regulation 1: E-bikes modified to increase power or throttle speed
The second provision of the new legislation further extends the scope of the regulation to cover vehicles that have been modified to increase performance, even if these modifications were not originally intended by the manufacturer. This is primarily aimed at customised or DIY e-bikes, as well as vehicles that have had their performance enhanced by, for example, replacing motors or controllers. Such vehicles may not have been originally planned to be modified, but once the performance enhancement has been made, they no longer meet the legal definition of an e-bike.
Regulation 2: E-bikes that can be unlocked for higher power or throttle speeds
California's new regulations specify manufacturer-designed e-bikes that can be modified by the user to enhance performance. Such e-bikes are no longer considered e-bikes in the traditional sense if they can reach speeds above 20 mph on motor power alone (i.e., manual throttle without pedal assistance) or provide more than 750 watts of power. It is worth noting that the regulations do not ban e-bikes above 20 mph altogether, but specifically state that those vehicles cannot be considered e-bikes in California.
In the U.S. market, while most e-bikes are built in Level 2 mode, which limits speeds to 20 mph with throttle and/or pedal assistance, there are some vehicles that can be unlocked for higher speeds with a simple setting.
For such vehicles, if they are designed to allow higher speeds to be reached through the throttle, they are no longer considered e-bikes, even if they are equipped with a 20 mph speed limiter in a locked state. In addition, there has long been a 750W limit on e-bikes in the United States, but this has traditionally been considered a continuous power limit. The peak power of such e-bikes is typically higher, often in the 900-1300W range. California's new regulations remove the word ‘continuous’ from the statute, meaning that motors capable of briefly exceeding 750W (i.e., most 750W motors) are now outside the scope of the e-bike regulations.
Rule 3: No pedals, no e-bikes
The third regulation simply clarifies the pedal rule: for the purposes of being considered an e-bike, a pedalless motor is prohibited from being used as an e-bike.
