Attachment 1: State Regulations with regard to E-bikes and EPAMD I have excerpted relevant sections of the California Vehicle Code to inform the CDC of current laws regarding EPAMDs and E-Bikes.
E-bikes
Per section 24016 of the Vehicle Code an electric bicycle is not a motor vehicle.
However the State Attorney General has determined that Class 3 E-bikes are motorcycles and therefore must follow all the rules of the road with regard to motorized vehicles. Two-wheeled vehicles that go over 28 miles per hour with pedal assistance or 20 miles per hour with throttle assistance are not e-bikes — under California law, they are mopeds or motorcycles and require additional licensing and age requirements to operate and sell.
Vehicle Code section 312.5 includes the following definition and regulations for e-bikes:
(a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. (1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour. (2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is 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 miles per hour. (3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer. (4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour. (b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11. (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 bicycle, and shall be printed in Arial font in at least 9-point type. (d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:
(1) A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power. (2) A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone or to have motor power of more than 750 watts. (3) A vehicle that is modified to have its operable pedals removed.
EPAMD
Per Vehicle Code section 313 an EPAMD is “a self-balancing, non-tandem two-wheeled device, that is not greater than 20 inches deep and 25 inches wide and can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 12.5 miles per hour.” Therefore electric bicycles do not qualify at EPAMDs.
Vehicle Code Section 21281.5 permits EPAMDs to operate on sidewalks, bike paths, pathways, trails, bike lanes, streets, roads, or highways with the following limitations:
The EPAMD cannot be operated at a speed greater than that which is reasonable and prudent given the surroundings; The EPAMD cannot be operated at a speed that endangers the safety of persons or property; and The person operating the EPAMD must yield the right-of-way to all pedestrians on foot.
Vehicle Code section 21282 allows local jurisdictions to set their own policies with regard to limiting or prohibiting use of EPAMDs as follows:
Vehicle Code section 21282. Notwithstanding Section 21966, for the purpose of assuring the safety of pedestrians, including seniors, persons with disabilities, and others using sidewalks, bike paths, pathways, trails, bike lanes, streets, roads, and highways, a city, county, or city and county may, by ordinance, regulate the time, place, and manner of the operation of electric personal assistive mobility devices as defined in Section 313, and their use as a pedestrian pursuant to paragraph (2) of subdivision (a) of Section 467, including limiting, prohibiting entirely in the local jurisdiction, or prohibiting use in specified areas as determined to be appropriate by local entities. State agencies may limit or prohibit the time, place, and manner of use on state property. 2