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Old 12-31-09, 03:34 PM
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Little-Acorn
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Join Date: May 2008
Location: San Diego, CA
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Bikes: '72 Schwinn Sports Tourer, '73 Schwinn Super Sport, '79 Schwinn Twinn Sport 10sp tandem

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California laws on ebikes

Different states have different laws on electric bicycles. Sine I'm in San Diego, I was interested in California's.

Interestingly, I found two different definitions of motorized bicycles, one right after the other in the Calif Motor Vehicle Code (quoted below).

Definition (a) says it's a bike with a motor, that can't go faster than 30mph on level ground under its own power. Definition (b) says it's a bike with pedals and an electric motor that can't go faster than 20mph, even if you help it by pedaling. (See the exact law, quoted below)

Strange to have two different definitions in the same law.

So, can I legally ride my ebike in California?

It has a 1000W electric motor, so seems to fit that part of Definition (b)... but, of course, its top speed is about 30mph, so doesn't meet all of definition (b) after all.

How about Definition (a)? That seems to say that, if the bike has an electric motor, it must have NO pedals! It also seems to require an "automatic transmission". Well, my ebike doesn't have a clutch. In fact, it's direct drive, with only one "speed" (one gear ratio, 1:1). Can you get any more "automatic" than that?

Definition (a) also says the motor must produce no more than 2 Brake Horsepower. Since 1 horsepower = 745 Watts, my 1000W hubmotor is basically a 1.3 horsepower motor. It fits!

Finally, under definition (a) it can have a max speed up up to 30mph. Mine topped out at 29mph yesterday during my full-throttle test runs with a fully-charged battery

Sounds to me like, if I unscrew the pedals on my ebike, it becomes legal to ride in California!

Anything blatant I'm missing here? (There must be, this seems too good to be true.)

----------------------------------------

Found at the Calif. government website:

http://www.dmv.ca.gov/pubs/vctop/d01/vc406.htm

Motorized Bicycle

406. (a) A "motorized bicycle" or "moped" is any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

(b) A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:

(1) Has a power output of not more than 1,000 watts.

(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.

(3) Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.

(4) Every manufacturer of motorized bicycles, as defined in this subdivision, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided.

(c) The disclosure required under paragraph (4) of subdivision (b) shall meet both of the following requirements:

(1) The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.

(2) The disclosure shall include the following language in capital letters:

"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."

Amended Sec. 1, Ch. 804, Stats. 1995. Effective January 1, 1996. Supersedes Sec. 2, Ch. 342.
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