August 23, 2022
Item No. SS4
Electric Bicycle Discussion
August 23, 2020
City Council Study Session
State Bicycle Regulations
Electric Bicycle Definition
• Unique device — Not a "Motorized Vehicle"
• Must have pedals
• Similar rights as traditional bicycles
• Maximum 750 Watt (1 Horsepower) motor
3 Classifications of Electric Bicycles
• Bicycle Label Requirements
Helmets required
• Under 18 years old (all cyclists)
• All Class 3 electric bicycle cyclists
Single passenger unless bike designed for more
0 Prohibits riding while under the influence of alcohol/drugs
California E-bicycle Classifications
Assembly Bill 3.o96 (2oi5)
Class is Low -speed pedal -assisted electric bicycle
• Power assist up to zo miles per hour
➢ May be restricted/prohibited by Local Agency
Class 2: Low -speed throttle -assisted electric bicycle • Powered drive up to zo miles per hour
➢ May be restricted/prohibited by Local Agency
Class 3: Speed pedal -assisted electric bicycle
• Power assisted while user pedals
• Power assist up to 28 miles per hour
➢ Prohibited from sidewalks, paths and trails
➢ Must be 16 or older to operate
➢ All users required to wear helmets
City Bicycle Regulations
City Sidewalk Cycling Ordinance/Resolution
• Prohibits Cycling on sidewalks (with exceptions)
Oceanfront Boardwalk Safety Program
• "Rules of the Road"
• 8mph Speed Limit
• No Unsafe Operation
• Recently updated to include "all users"
Voluntary Resident Bicycle License Program
• Used for theft recovery
Traffic Division Overview
• 1 Lieutenant
• 2 Sergeants
• 1 Traffic Investigator
• 3 Hybrid — Traffic Investigators / Motor Officers
• Investigation of Fatal / Serious collisions & Hit -Run collisions • Drug Recognition Expert / Street Racing / E-Bikes
• 7 Motor officers
• Traffic Enforcement
• School safety & traffic enforcement
• Investigation of traffic collisions
• Boardwalk Ambassadors
• Two 2-person teams
• Deployed 9am — 5 Pm
Reported City-wide Bike Collisions
2021
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Reported City-wide Bike Collisions
Year to Date (2022)
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YTD Bike Collisions
*all bicycles - as of August loth
75 75
69 65
58 59
51 46
2015 2016 2017 2018 2019 2020 2021 2022
Oceanfront Boardwalk
2021
• 11 reported collisions on the boardwalk (7 involving e-bikes) 2022 YTD
• 4 reported collisions on the boardwalk (1 involving an a -bike) Boardwalk Ambassadors (February 2021)
• Quarter 1— 2022 (January — March)
• 632 contacts for "speeding" bikes
• 400 e-bicycles / 232 manual
• Quarter 2 — 2022 (April —June)
• 1,144 contacts for "speeding" bikes
• 727 e-bicycles /417 manual
Education —What have we done.?
2021/2022 School Year - Presented to:
• 1,100+ Ensign MS students and staff
• 350+ Mariners ES students and staff
• 300+ Community members at Neighborhood Watch /
school events
Ongoing efforts:
• Community events around the city (Speak up Newport)
• Continuous student outreach
• Social Media videos / posts
Enforcement —What have we done?
• May 7th and 15th - Bicycle/Pedestrian safety month
• Office of Traffic Safety grant operations
• E — Bicycle Traffic Safety Operation (July 9,2022)
Traffic Division and Peninsula Enforcement Team (PET)
• Area of Focus — Peninsula — including oceanfront boardwalk • 198 Boardwalk users were contacted
• 82 of the contacts were juveniles
• 60 Citations or warnings were issued
• 55 of them to bike riders
• 12 of them to juveniles
• Jan 1 to Aug 10, 2022 — 3,202 citations by motors
Education and Enforcement
Moving Forward
• Today — Officers presenting to Ensign Middle School
during PE period, reaching approximately 1,000
students and staff
• Safety Stickers
• Plans to conduct several town hall style meetings at
the schools to parents, children and community
members
• Additional E-Bicycle Traffic Safety Operations —
Enforcement Focused
Action Taken by Other Agencies
San Clemente
• Developed Education/Outreach Program
• Performed School Education/Engagement (School District/OC Sheriff)
• Safety Sticker Program
• Prohibited e-bicycle on beach -front trail (2022)
Carlsbad
• Prohibits ALL bicycles on Sidewalks and Public Facilities (2022) • Added "Regulated Mobility Devices" definition
• Added "rules of the road" regulations to promote safety • Implementing Ticket Diversion/Education Program
Action Taken by Other Agencies
San Diego
• Prohibits "Motorized Transportation
Devices" including e-bicycles on
beach/bay trails
Huntington Beach
• Focused bicycle speed enforcement on
beach front trail
• Operate a Ticket Diversion Program
Orange County Transportation Authority
• Planned Regional Agency Working Group
141
Regulatory Limitations
California Vehicle Code expressly preempts all local
regulations except where expressly authorized (§zi(a))
City has the option to:
• Restrict Class 1/2 e-bicycles from certain paths/trails • Allow Class 3 e-bicycles on certain paths/trails
• Establish a bicycle licensing program
• Restrict operation of unlicensed bicycles within Public R/W • Limited to Newport Beach Residents
Potential Actions
i. Update City Cycling Safety Website
• Include e-bicycle Regulations/Guidance
2. Continue Police Department education campaign
3. Team with Community/School District/Local Agencies for Youth Educational Program
• Consider Community/School District partnership opportunities • Support school education and Safety Sticker programs
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Potential Actions
4. Update City Sidewalk Cycling Ordinance/Resolution
• Add "rules of the road" regulations
5. ConsiderTicket Diversion Program
• Provide educational option to satisfy violation
6. Advocate State to impose minimum age and/or education requirements for e-bicycle operation
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Additional Items Considered
Speed limiting/geofencing technology
Limited by technology/Easily modified
➢ Not able to address at Local level/enforce private devices Licensing E-bicycles
➢ Would apply to electric and traditional bicycles
➢ Only applicable to Newport Beach residents
➢ Proposed State Legislation will prohibit required license programs Prohibit Class i/z E-bicycles use on Oceanfront/trails/sidewalks ➢ Heavy enforcement requirement
➢ Limits mobility options/shifts use to roadways
➢ Observed low compliance in other jurisdictions
➢ No Community consensus
Lieutenant Eric Little
Police Department
[email protected]
Brad Sommers, P.E.
Public Works Department
[email protected]
Joseph Meeks
City Attorney's Office
J mee ks@ newportbeachca.gov