E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page ii
Table of Contents
SUMMARY ...................................................................................................................... 1 BACKGROUND .............................................................................................................. 1 REASON FOR THE STUDY ........................................................................................... 3 METHOD OF STUDY ...................................................................................................... 3 INVESTIGATION AND ANALYSIS ................................................................................. 4 Orange County Transportation Authority ................................................................ 4 Orange County Sheriff’s Department ....................................................................... 4 Cities Survey .............................................................................................................. 4 COMMENDATIONS ...................................................................................................... 12 FINDINGS ..................................................................................................................... 12 RECOMMENDATIONS ................................................................................................. 13 RESPONSES ................................................................................................................ 13 REQUIRED RESPONSES ......................................................................................... 14 REFERENCES .............................................................................................................. 18 GLOSSARY .................................................................................................................. 20 APPENDICES ............................................................................................................... 21 APPENDIX 1 .............................................................................................................. 21 Current County of Orange E-Bike Laws - Unincorporated Areas .................... 21 APPENDIX 2 .............................................................................................................. 22 California Vehicle Code Section 312.5 as of December 23, 2023 ..................... 22 APPENDIX 3 .............................................................................................................. 23 California Assembly Bills ..................................................................................... 23 APPENDIX 4 .............................................................................................................. 24 County of Orange Ordinance No. 18-002 ............................................................ 24
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 1
SUMMARY
The use of electric bicycles (E-bikes) has increased as our communities look to new and novel ways to commute and to reduce our reliance on automobiles. E-bikes are a cost-effective alternative. However, they bring higher risks of accidents and injuries when compared to conventional bicycles. The public deserves education and safety regulations to mitigate this concern.
The 2023-2024 Orange County Grand Jury (OCGJ) investigation into E-bike regulation, education, and safety focused on what, if any, pertinent regulations have been adopted by Orange County cities. The OCGJ investigation revealed that outside of the California Vehicle Code, the 34 cities, 13 of which are contract cities with the Orange County Sheriff’s Department (OCSD), vary significantly in their regulation, safety (accidents, fatalities, etc.), enforcement, and education on E-bikes. The Orange County Transportation Authority (OCTA) oversees E-bike safety, education, and public outreach for all unincorporated areas. OCTA holds quarterly meetings with all 34 cities in the county to discuss transportation issues including E-bike regulation, safety, education, and enforcement.
There is an urgent need to have consistent ordinances for the regulation and enforcement of safe E-bike use in all cities, school districts, parks, and unincorporated areas. Currently, there are significant differences in policy across cities. The recent surge in E-bike usage calls for immediate action to strengthen city oversight of this issue. This report will highlight the differences between cities’ approaches and make recommendations to attain realistic and practical policies for their respective jurisdictions.
BACKGROUND
The modern E-bike was introduced in the 1990s as a pedal assist bike with a battery- powered motor. The OCGJ focused on the 3 classes of E-bikes (see table below).
In most cases, it is hard to tell the difference between a Class 1, 2, or 3 E-bike, as there may be no apparent distinction to the naked eye. It is important that Orange County residents understand the different classes of E-bikes, how fast they can go, and any applicable restrictions or regulations that govern their use. This is particularly pertinent as automobile and bus commuters must now share the road with E-bike riders.
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 2
The ease of use, relatively low price, and convenience of E-bikes have led to their proliferation throughout Orange County. It is estimated that the sales of E-bikes rose by 145% during 2020-to-2021 (World Economic Forum March 12, 2021).
However, along with the proliferation of E-bikes have come inevitable issues regarding their use, including:
• riding on sidewalks
• riding against traffic
• speeding
• bike vs pedestrian collisions
• bike vs motorized vehicle conflicts
• the ability to make unauthorized modifications to the electric motors which allows the E-bikes to exceed their maximum intended speed
There are also issues regarding E-bike rider injuries in accidents, which can be more serious than injuries of riders in bicycle accidents (US Consumer Product Safety Commission October 17, 2023). According to the OCGJ survey sent to city mayors, many do not track or have awareness of the incidence and prevalence of E-bike injuries and fatalities in their respective cities.
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 3
The OCGJ sent a survey to all Orange County cities to learn each city’s policies, availability of safety education, and enforcement of E-bikes. The responses from the cities that answered indicate a wide variety of differences - with some cities having robust training, enforcement measures, and methods of socializing E-bike use in their communities.
The OCGJ recognizes that there cannot be a “one size fits all” approach to the regulation of E-bikes, as all cities in Orange County are unique and have different needs. For example, a large beachside city will have its own unique policies as compared to smaller inland cities. The rapidly expanding use of E-bikes compels cities to ensure a safe environment for riders of E-bikes and all citizens of Orange County.
REASON FOR THE STUDY
As E-bike sales have increased by almost 145% worldwide (World Economic Forum Mar. 12, 2021) over the past 2 years, the regulation of their use does not seem to have kept up. Accidents and incidents with E-bikes are on the rise, as are complaints from citizens of Orange County about E-bike riders (Voice of OC Sept. 2023). Accordingly, the OCGJ determined that an investigation into E-bikes was needed to bring public awareness to the safe use of E-bikes and the importance of having city-relevant “rules of the road” in place.
This report seeks to press Orange County cities to actively seek common-sense rules for E-bikes to ensure their safe operation among conventional bicycles, pedestrians, and vehicles.
METHOD OF STUDY
Information from this investigation was collected and verified through multiple sources and statements made during interviews and includes extensive research of current online and print articles regarding E-bikes in Orange County. The OCGJ conducted the following activities:
• In-person interviews of representatives from:
o A major retail bike shop that sells both E-bikes and standard bicycles o The Orange County Transportation Authority
o The Orange County Sheriff’s Department
o The Central Newport Beach Community Association
• In-person attendance and online viewing of several city council meetings • In-person attendance at a training session hosted by a local city • Review of proposed State legislation that failed, passed, or is in committee E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 4
• Direct observance of E-bike riders, where they are riding, use of protective gear, passengers, dangerous maneuvers, etc.
• An online survey was distributed to the mayors of 34 cities in Orange County.
Unincorporated areas/divisions were not included in this survey. Mayors and/or representatives from 22 cities responded to this survey
INVESTIGATION AND ANALYSIS
Through interviews and surveys, the OCGJ determined that there is wide variation of rules on E-bikes and limited information regarding the reporting of E-bike incidents, accidents, injuries, and basic rules of the road for E-bikes.
Several news outlets (newspapers, magazines, television, online forums) have published stories about E-bikes. While many acknowledge the benefits of E-bikes, they also detail significant issues for cities to address.
Speeding, unsafe, or reckless operation, riders under 18 years of age not wearing helmets and toddlers riding on the back or front without proper child safety seats present common E-bike regulation and enforcement challenges for law enforcement.
Orange County Transportation Authority
OCTA has published on their website a comprehensive list of regulations listed by city regarding bicycles and E-bikes. As with the OCGJ survey, there are several different rules for E-bike riders dependent on what city they are riding in due to the differences in cities such as availability of bike lanes and the speed at which E-bikes are permitted to travel.
Orange County Sheriff’s Department
OCSD enforces the California Vehicle Code (CVC) Section 312.5 regarding electric bicycles. In addition, the Sheriff’s Department works closely with OCTA to provide E-bike outreach and education to the residents of Orange County. The OCSD Training Bulletin 23-01, issued January 4, 2023, provides the current E-bike enforcement criteria for Sheriff’s Deputies.
Cities Survey
OCGJ sent a list of survey questions to all city mayors in Orange County regarding policies in their cities with respect to E-bikes. Of the 34 surveys sent, 22 were completed and returned to the Grand Jury. A sampling of the survey results follows:
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 5
• Do you track injuries/deaths from E-bike accidents, injuries, fatalities?
Tracking of E-bike injuries, deaths, property damage and battery fires, 11 of the 22 cities answered that they tracked these items on E-bikes.
The entity responsible for tracking these items varied within each city among law enforcement organizations, city government offices, and local hospitals. There is no standard way to compile and publish accident/incident information on E-bikes.
To properly track trends in E-bike operation, a robust incident and accident tracking mechanism must be in place. Items that need to be tracked include but are not limited to class of E-bike involved, estimated speed of the E-bike, direction of travel, age of the rider, whether helmets were used, and any injuries sustained. In the process of accident reporting, most police agencies do not distinguish whether the bicycle involved was a conventional bike or an E-bike.
• In your city, who, if anyone, is authorized to enforce infractions? Please select all that apply:
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 6
Of the 22 cities that completed the survey, 100% indicated that some form of law enforcement was the agency authorized to enforce/cite infractions for E-bike riders.
Police Departments, OCSD, or Park Rangers were the organizations authorized for E-bike enforcement.
• In your city, are E-bikes allowed:
10 cities indicated that E-bikes were authorized on sidewalks, 4 cities answered unknown, and the remaining cities answered that E-bikes were prohibited from sidewalks.
21 cities indicated that E-bikes were authorized in bike lanes with one city responding as unknown.
13 cities indicated that E-bikes are allowed on park trails, 5 cities indicated that E-bikes were prohibited from using park trails, and 4 cities indicated that park trail policy for E-bikes was unknown.
16 cities indicated that E-bikes were authorized in vehicle lanes and 6 cities answered unknown.
5 cities answered no, 8 cities answered unknown, and 9 cities indicated that E-bikes were allowed on highways.
Riding on sidewalks was found to be a contentious issue. One city cited California Assembly Bill 825 (which would have barred local agencies from prohibiting bike use on sidewalks but has since been vetoed) as a reason not to prohibit E-bikes on sidewalks.
When there is no defined bike lane, E-bike riders will ride on sidewalks as a matter of safety. E-bikes, depending on the class, can go up to 28 miles per hour, which is typically faster than a conventional bicycle and much faster than a walking pedestrian.
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 7
Although most current laws give the bicyclist and pedestrians the right of way, the reaction time for an E-bike rider going over 10 miles per hour on the sidewalk generally does not give the rider adequate opportunity to avoid pedestrians walking on the sidewalk or cars coming out of driveways.
• Does your city have posted speed limits for E-bikes?
100% of the cities that answered the OCGJ survey indicated that they do not post speed limits for E-bikes. No reasons were cited as to why they are not posted for E-bikes even though their top speed can be as high as 28 miles per hour or faster if the rider disables speed restrictive devices thus allowing the E-bike to almost double its speed.
There are obvious issues involving where to place speed limit signs for E-bikes. They are allowed to travel in bike lanes, on sidewalks, and in some jurisdictions even allowed to ride in opposition to traffic.
• In your city, are E-bikes expected to travel in the same direction or opposite direction from street traffic?
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 8
Some cities have authorized E-bikes to ride against the flow of traffic. As stated in the OCTA website (in a section entitled “Wrong Way Riding”), riding against traffic is inherently dangerous due to:
➢ Oncoming cars approach at a much higher speed
➢ Drivers cannot see E-bike riders when turning left
➢ E-bike rider is unable to make right turns
➢ Traffic signals cannot be seen
• Is safety training offered by the city for E-bike riders?
Safety education and/or training for E-bike riders is available only sporadically and is, in most cases, optional. As noted in the survey, only 8 cities indicated that safety training was offered. The Orange County Register published a story (OC Register Jan 3, 2024) about a San Juan Capistrano resident who has taken on educating new E-bike riders as a result of her son being injured on an E-bike. An OCGJ visit to a local retailer of E-bikes found there was no formal training for E-bike purchasers or riders, and the only information to purchasers of E-bikes was a pamphlet. The Huntington Beach Police Department has a safety class every other month which focuses on E-bike safety.
OCTA holds safety “bike rodeos” for E-bike riders. These are a few examples of the education available for E-bike riders, but none is mandatory prior to purchasing or riding an E-bike. Therefore, grass-roots efforts are another important step in promoting education and safety.
The OCGJ interviewed a member of the Central Newport Beach Community Association as to their concerns about education, safety, and enforcement regarding E-bikes. The Association has been active in monitoring E-bike use, specifically on the Balboa peninsula. Its focus has been on a perceived lack of enforcement of existing ordinances and the CVC on streets and the beach boardwalk. Along with education and safety training, the Association prefers active enforcement using radar guns, tickets, and increased law enforcement presence.
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 9
• Do the schools/school districts in your city offer safety information and/or certification for student E-bike users on campus?
There are 28 school districts spread across the 34 cities of Orange County. Cities were asked whether schools in their jurisdictions offer safety information to student E-bike riders. Of the 22 cities that responded to the survey, 7 answered yes and 2 answered no. The concerning number that leaps to the eye is that 13 survey respondents stated that they were unaware of their school district’s participation in E-bike regulation. At the time of this report, the 5 districts (per district website) that currently require safety training and registration are:
➢ Capistrano Unified
➢ Los Alamitos Unified
➢ Huntington Beach Union
➢ Irvine Unified
➢ Ocean View
• Are there any other persons/groups that might be able to provide meaningful or relevant information regarding E-bikes to the Grand Jury? At least 6 cities referred this question to the OCSD. 6 others referred this question to their own police department. Interestingly, at least 6 suggested that their jurisdictional park rangers (if these are in place in their city) would be able to answer the question.
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 10
• Is there outreach by the city being conducted to inform your community of any regulations and safety training?
Of the 34 cities in Orange County, 22 responded to this question: 10 cities said “yes,” 10 cities said “no,” and 2 cities indicated “unknown.”
An example of outreach is the City of Irvine’s Police Department. The outreach has several elements which includes High Visibility Enforcement (HVE) operations to issue administrative citations to juveniles violating vehicle codes on E-bikes. It also hosts E-bike safety courses, E-bike rodeos, and community presentations on E-bike safety.
There are also plans for Public Safety in collaboration with the Irvine Unified School District to implement a parking permit program which will require students riding E-bikes to school to attend workshops on E-bike safety before being issued a parking permit to park their E-bike on campus.
• Does your city regulate the use of E-bikes?
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 11
There were 15 cities who responded that they do not regulate E-bikes or their usage.
The OCGJ felt that this statistic, on its own, warranted further investigation and, possibly, further action by such cities.
GENERAL COMMENTS FROM SURVEY RESPONDENTS
“I personally promote safe e-bike texts on local Facebook groups... about 16,000 members. I promote e-bike safety every council meeting.” “State and local legislation is lagging far behind e-bike technology and there is a lot of confusion amongst e-bike users and police regarding what is lawful and what is unlawful when it comes to e-bikes.”
“Thank you for looking into this. I am a relatively new mayor and although I consider e- Bikes an issue, we have so many other issues that are taking priority. I would like to see e-Bikes banned from all trails that were previously used for bicycles and pedestrians only. They function more like scooters than bicycles.”
“E-bikes and bike safety, in general, are very big topics in the community right now and our Police Department is currently doing A LOT to address these items. Besides conducting weekly High Visibility Enforcement (HVE) operations, IPD’s traffic staff oftentimes issue administrative citations to juveniles who commit vehicle code violations on their bicycles, including E-bikes and E-scooters. In fact, approximately 50% of our administrative citations are issued to E-bike and E-scooter operators. Rather than paying a fine similar to conventional traffic citations, our administrative citations require the juvenile to attend a 2-hour long bike safety course with a parent or guardian on the weekend at City Hall.”
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 12
“Our city will soon be meeting with reps from OCSD in reference to providing additional educational tools for e-bike riders. I have made contact with our local elected officials in reference to securing funds for e-bike enforcement and education.” “The issue with E-bike safety is an active project in our traffic safety unit. Currently we are looking at any municipal codes which will assist with safety for e-bike riders and motorists.”
COMMENDATIONS
The following agencies contributed to the OCGJ’s investigation into the use of E-bikes in Orange County:
• Orange County Transportation Authority has taken a leadership role in outreach and education to all 34 Orange County cities
• Orange County Sheriff’s Department has been very proactive in keeping up with the everchanging rules of the road for E-bikes
• Central Newport Beach Community Association provided important data and various studies on E-bike usage in Newport Beach
FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires (or, as noted requests) responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court. Based on its investigation titled “E-bikes- Friend or Foe,” the 2023-2024 Orange County Grand Jury has arrived at three principal findings, as follows:
F1. The majority of Orange County’s 34 cities do not have ordinances or policies in place, which makes it difficult to address the safe operation and regulation of E-bikes leading to confusion.
F2. Due to the increasing incidence of E-bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders, which does not exist now.
F3. Training and education on E-bike use and safety varies from city to city causing confusion amongst bike riders.
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 13
RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.
Based on its investigation described herein, the 2023-2024 Orange County Grand Jury makes the following recommendations:
R1. Each Orange County city should have specific policies that define the rules of the road for use of E-bikes in their communities by December 1, 2024.
R2. Each Orange County city should have a mechanism in place to report accidents, injuries and deaths involving E-bikes by December 1, 2024.
R3. Each Orange County city should research and develop outreach and education programs regarding the safe operation of E-bikes for their residents by December 1, 2024.
RESPONSES
California Penal Code Section 933 requires the governing body of any public agency which the Grand Jury has reviewed, and about which it has issued a final report, to comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body. Such comment shall be made no later than 90 days after the Grand Jury publishes its report (filed with the Clerk of the Court). Additionally, in the case of a report containing findings and recommendations pertaining to a department or agency headed by an elected County official shall comment on the findings and recommendations pertaining to the matters under that elected official’s control within 60 days to the Presiding Judge with an information copy sent to the Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefore.
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 14
(b) As to each Grand Jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the Grand Jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the Board of Supervisors shall respond if requested by the Grand Jury, but the response of the Board of Supervisors shall address only those budgetary or personnel matters over which it has some decision-making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department.
REQUIRED RESPONSES
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required from:
Findings – 90 Day Response Required
City Councils of:
Aliso Viejo F1, F2, F3
Anaheim F1, F2, F3
Brea F1, F2, F3
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 15
Buena Park F1, F2, F3
Costa Mesa F1, F2, F3
Cypress F1, F2, F3
Dana Point F1, F2, F3
Fountain Valley F1, F2, F3
Fullerton F1, F2, F3
Garden Grove F1, F2, F3
Huntington Beach F1, F2, F3
Irvine F1, F2, F3
La Habra F1, F2, F3
La Palma F1, F2, F3
Laguna Beach F1, F2, F3
Laguna Hills F1, F2, F3
Laguna Niguel F1, F2, F3
Laguna Woods F1, F2, F3
Lake Forest F1, F2, F3
Los Alamitos F1, F2, F3
Mission Viejo F1, F2, F3
Newport Beach F1, F2, F3
Orange F1, F2, F3
Placentia F1, F2, F3
Rancho Santa Margarita F1, F2, F3
San Clemente F1, F2, F3
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 16
San Juan Capistrano F1, F2, F3
Santa Ana F1, F2, F3
Seal Beach F1, F2, F3
Stanton F1, F2, F3
Tustin F1, F2, F3
Villa Park F1, F2, F3
Westminster F1, F2, F3
Yorba Linda F1, F2, F3
Recommendations – 90 Day Response Required
City Councils of:
Aliso Viejo R1, R2, R3
Anaheim R1, R2, R3
Brea R1, R2, R3
Buena Park R1, R2, R3
Costa Mesa R1, R2, R3
Cypress R1, R2, R3
Dana Point R1, R2, R3
Fountain Valley R1, R2, R3
Fullerton R1, R2, R3
Garden Grove R1, R2, R3
Huntington Beach R1, R2, R3
Irvine R1, R2, R3
La Habra R1, R2, R3
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 17
La Palma R1, R2, R3
Laguna Beach R1, R2, R3
Laguna Hills R1, R2, R3
Laguna Niguel R1, R2, R3
Laguna Woods R1, R2, R3
Lake Forest R1, R2, R3
Los Alamitos R1, R2, R3
Mission Viejo R1, R2, R3
Newport Beach R1, R2, R3
Orange R1, R2, R3
Placentia R1, R2, R3
Rancho Santa Margarita R1, R2, R3
San Clemente R1, R2, R3
San Juan Capistrano R1, R2, R3
Santa Ana R1, R2, R3
Seal Beach R1, R2, R3
Stanton R1, R2, R3
Tustin R1, R2, R3
Villa Park R1, R2, R3
Westminster R1, R2, R3
Yorba Linda R1, R2, R3
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 18
REFERENCES
2 On Your Side: “Orange County Sees Spike in E-bike Accidents” KCAL NEWS, Nov 3, 2021
https://www.bing.com/videos/search?q=ebike+injurys+in+orange+county+CA&docid=60 3525694912734209&mid=D1537F514A8F881DE2A9D1537F514A8F881DE2A9&view= detail&FORM=VIRE
Biesiada, Noah , “Orange County Cities Struggle to Handle Electronic Bike Regulations” Voice of OC , Dec 20, 2022 https://voiceofoc.org/2022/12/orange-county-cities-struggle- to-handle-electric-bike-regulations/
Biesiada, Noah, “Orange County Cities Crack Down on E-bikes with Stricter Regulations” Voice of OC, Sep 28, 2023 https//Orange County Cities Crack Down on E- Bikes With Stricter Regulations (voiceofoc.org)
Connelly, Laylan, “E-bike Lady educates new riders before hitting streets on electric bikes” Orange County Register, Jan 3, 2024, https//E-bike lady’ educates new riders before hitting streets on electric bikes – Orange County Register (ocregister.com) DMV Motorcycle Handbook, Two Wheel Vehicle Operation, Electric Bicycles https://www.dmv.ca.gov/portal/handbook/motorcycle-handbook/two-wheel-vehicle- operation/
“E-Scooter and E-bike-Injuries Soar-2022 Injuries Increased nearly 21%” Consumer Product Safety Commission, Oct 17, 2023
E-Scooter and E-Bike Injuries Soar: 2022 Injuries Increased Nearly 21% | CPSC.gov
Fleming, Shawn “Electric Bike Sales grew by 145% in the US Last Year” World Economic Forum, Mar 12, 2021
Sales of electric bicycles are up all over the world | World Economic Forum (weforum.org)
Fry, Hannah, “On Orange County Beaches, proliferation of e-bikes brings battle to the boardwalk” Los Angeles Times, Jan 16, 2023
https://www.latimes.com/california/story/2023-01-16/mayhem-on-the-boardwalk-orange- county-cities-tackle-e-bikes-with-varying-results
Irvine Watchdog, ”Irvine Transportation Commission to propose E-bike safety ordinance” May 14,2023 https://irvinewatchdog.org/city-hall/transportation- commission/irvine-transportation-commission-to-propose-e-bike-safety-ordinance/ Kelly, Charles M., “Council approves introduction of e-bike ordinance City of Seal Beach” Sun News, May 10, 2023, https://www.sunnews.org/council-approves- introduction-of-e-bike-ordinance/
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 19
OC Bike, E-Bikes
https://octa.net/getting-around/active/oc-bike/e-bikes/
Orange County Public Works, E-Bike Safety in the County of Orange https://ocip.ocpublicworks.com/e-bike
Orange County Sheriff’s Department, E-bike Safety The focus for National Bike Safety Month https://www.ocsheriff.gov/news/e-bike-safety-focus-national-bike-safety-month Orange County Sheriff’s Office Training Bulletin, Jan 4, 2023 https://www.ocsheriff.gov/sites/ocsd/files/2023-01/Bulletin%2023- 01%20Enforcement%20and%20Handling%20of%20Electric%20Bicycles%2C%20Motor cycles%20and%20Motorized%20Scooters_Redacted.pdf
Pimental, Joseph, “In Los Alamitos students will need a permit to ride e-bikes to and from school”, Spectrum News Jan 23,2023 https://spectrumnews1.com/ca/la- west/public-safety/2023/01/20/in-los-alamitos—students-will-need-a-permit-to-ride-e- bikes-to—from-school
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 20
GLOSSARY
CNBCA Central Newport Beach Community Association
CVC California Vehicle Code
E-bike Electric bicycle
HVE High Visibility Enforcement
OCGJ Orange County Grand Jury
OCSD Orange County Sheriff’s Department
OCTA Orange County Transportation Authority
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 21
APPENDICES
APPENDIX 1
Current County of Orange E-Bike Laws - Unincorporated Areas 1 • All E-bikes are required to have a label that describes classification, top assisted speed, and motor wattage.
• Helmets are recommended for all E-bike users. If you are under 18, it’s required! • It is illegal to carry passengers on your E-bike unless your bike has an extra permanent seat or when using a child safety seat.
• E-bikes shall not be operated in excess of their designed speed or the speed limit, whichever is lower, on the road, and in no event in excess of 10 miles per hour on paved trails.
• E-bike shall not be operated in excess of 5 miles per hour on sidewalk. • Riding on the road against the flow of traffic is prohibited.
1 Orange County Public Works. 2024. "E-bike Safety in the County of Orange." Accessed May
22. 2024. https://www.ocgov.com .
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 22
APPENDIX 2
California Vehicle Code Section 312.5 as of December 23, 2023 An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. Three classes of electric bicycles have been established:
• Class 1: A low speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached.
• Class 2: A low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance when a speed of 20 mph is reached.
• Class 3: A low speed pedal-assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached.
The operator of a Class 3 electric bicycle:
• Must be 16 years old or older.
• Must wear a bicycle safety helmet.
• Must not transport passengers.
• May ride an electric bicycle in a bicycle lane if authorized by local authority or ordinance.
All electric bicycle classes are exempt from the motor vehicle financial responsibility, driver’s license, and license plate requirements (CVC § 24016).
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 23
APPENDIX 3
California Assembly Bills
Listed below are some of the bills introduced into the State legislature, as published by LegiScan, that have a variety of proposed regulations regarding E-bikes. This is by no means a comprehensive list, and in the interest of brevity we do not include the text of each bill.
AB 458 10/08/2023 Chaptered-Regulation of insurance requirements for businesses renting micro mobility vehicles, a category which includes E-bikes.
AB 1773 04/01/2024 In committee-Where E-bikes are permitted to operate.
AB 1774 04/09/2024. This bill would prohibit a person from selling a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle.
AB 2234 04/01/2024 In committee: The bill will require anyone over the age of 12 without a valid driver’s license to take an online e-bike safety training course and pass a written test to prove they understand traffic safety rules. Those without a valid driver’s license must have a state-issued ID to operate an E-bike.
SB 295 06/16/2023 In committee. Allows Public Agency authority to regulate E-bikes, et. al. on public property.
SB 381 10/13/2023 Chaptered-Comprehensive study of E-bikes.
SB 1271 04/11/2024. This bill would clarify that an electric bicycle is a bicycle equipped with fully operable pedals and an electric motor with continuous rated mechanical power of not more than 750 watts. The bill would, if an electric bicycle is capable of operating in multiple modes, require a manufacturer and distributor to include on the label the classification number of the highest classes of which it is capable of operating. Also requires lab accreditation of micro mobility batteries.
E-bikes Friend or Foe
2023-2024 Orange County Grand Jury Page 24
APPENDIX 4
County of Orange Ordinance No. 18-002
AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA AMENDING SECTION 2-5-29(n) OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE, REGARDING PROHIBITED MOTORIZED WHEELED CONVEYANCES.
The Board of Supervisors of the County of Orange ordains as follows:
SECTION 1. Section 2-5-29(n) of the Codified Ordinances of the County of Orange is hereby amended to read as follows:
Sec. 2-5-29.- Vehicle regulation.
(n) Motorized Wheeled Conveyance prohibited. No person shall operate or drive any electric or combustible motorized skateboard, scooter, dirt bike, mini bike, mini motor bike, mini motorcycle, go-kart, go-ped, all-terrain vehicle, quad runner, dune buggy or any similar electric or combustible motorized conveyance in any park, beach or recreational area, with the exception of Class 1 and Class 2 electric bicycles, as defined by the California Vehicle Code, on those regional paved, off-road bikeways designated for such use by the Director of OC Parks, with the approval of the Board of Supervisors.