FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #11
MEETING DATE October 16, 2024
PREPARED FOR Mayor and Town Council
PREPARED BY Rico Tabaranza, Chief of Police
SUBJECT Authorize the Mayor to Sign a Letter Requesting That the District Attorney Address Consumer Fraud Involving Vehicles That Are Not E-bikes
RECOMMENDATION
Authorize the Mayor to sign the letter of support.
DISCUSSION
At the request of council members, the attached draft letter requesting that the District Attorney address consumer fraud involving vehicles that are not e-bikes has been prepared for review and consideration by the Town Council (Attachment 1). A similar letter has been prepared by neighboring jurisdictions and submitted to District Attorney Lori Frugoli in conjunction with the approval of their response to the Marin County Civil Grand Jury report, With Power Comes Responsibility - Youths Under Age 16 Operating Class 2 E-Bikes: A Safety Risk.
Submittal of this letter is consistent with the Council’s July 12, 2024 discussion and approval of the response to the Grand Jury report and supports the efforts of our Police Chief to curb the dangerous use of these illegal vehicles by youth in our community.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
Draft letter requesting that the District Attorney address consumer fraud involving vehicles that are not e-bikes
2 T O W N O F FA I R F A X
142 BOLINAS ROAD, FAIRFAX, CALIFORNIA 94930
PHONE (415) 453 - 1584 / FAX (415) 453 - 1618
The Honorable Lori E. Frugoli
District Attorney for Marin County
3501 Civic Center Drive, Suite 145
San Rafael, CA 94903
SUBJECT: E-bikes and Consumer Fraud
Dear Ms. Frugoli:
Electronic bicycles ("e-bikes") have emerged as a popular, fun, and efficient way for residents to travel and recreate in Marin County. E-bikes offer access to those who might otherwise be unable to make use of certain public pathways and provide a climate-friendly way for people to commute. Their proliferation on Marin roads and pathways is a testament to their growing popularity. The increased presence of e-bikes has led to challenges, as e-bike users learn to master the new technology while sharing roads and pathways with traditional bicycles, pedestrians, and motor vehicles. There have been issues - particularly concerning the safe use of e-bikes by minors. Recent reports by Marin's Public Health Official and the Grand Jury have underscored a frightening increase in the number of accidents and serious injuries involving e-bikes ridden by minors.
The Fairfax Town Council supports responsible e-bike use and we are working closely with other Marin local governments, school districts, and non-profits to help residents understand and adhere to state laws and guidelines regulating the use of e-bikes. In educating ourselves about these laws and regulations, we were surprised to learn that many Marin families are in possession of vehicles they believe to be e-bikes but are classified as motorized bikes or electronic motorcycles under state law.
Motorized bikes and electric motorcycles are motor vehicles that require registration and a license to operate. In many instances, these electric vehicles are being given to minors for recreation and to commute to and from school.
Law enforcement representatives have spoken to many of these families about the illegal nature of these electric vehicles. A recurring theme in these discussions is that the vehicle was sold to the family as a legal e-bike with a manufacturer sticker affixed to its frame stating it is a "Class 2- 750 watt" legal e-bike. These vehicles in question are not legal e-bikes as they output more than 750 watts of power and can travel with throttle assist in excess of 20 mph.
In addition, California Vehicle Code Section 312.5 states:
(c)On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric 3 bicycle, and shall be printed in Arial font in at least 9-point type.
The vehicles in question all violate this law by fraudulently misrepresenting the classification number and motor wattage of the vehicles in violation of California Vehicle Code Section 312.5. These bikes were also purchased from various licensed dealers in the County of Marin.
If true, such representations by manufacturers and retailers constitute consumer fraud. It is our understanding that your office is responsible for consumer protection in Marin County. As such, we are writing to request that you or a member of your staff reach out to Fairfax Chief Tabaranza to discuss how you can work with Marin law enforcement to make our children safer by putting a stop to this misleading practice.
On behalf of the Town Council, thank you for considering our request. We look forward to a report from your office or Chief Tabaranza on the progress being made to end the misleading sale of illegal electric vehicles.
Sincerely,
Barbara Coler, Mayor
Town of Fairfax