If it’s too fast, it’s not an e-bike — you might be riding illegally 

OAKLAND — California Attorney General Rob Bonta, together with Marin County District Attorney Lori Frugoli, San Francisco District Attorney Brooke Jenkins, and San Mateo County District Attorney Steve Wagstaffe today issued a consumer alert to remind manufacturers, retailers, consumers, and parents that California has important safety laws regarding the sale and use of electric bicycles, also known as e-bikes. 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. Importantly, modifying an e-bike to exceed the speed or power limits mentioned above is dangerous, may transform the e-bike into a motorcycle or moped under California law, and may be a crime if riders do not have appropriate licenses.  

“Sometimes, what looks like an e-bike or is marketed as an e-bike is not a bike at all. We are seeing a surge of safety incidents on our sidewalks, parks, and streets. Bike riders and parents: If your or your teen's electric two-wheeled vehicle goes too fast, it might be a motorcycle or a moped — not an e-bike,” said Attorney General Rob Bonta. “To ride a motorcycle or moped, you need to have the appropriate driver’s license and comply with rules of the road. With the popularity of e-bikes booming, I highly encourage manufacturers, retailers, and especially parents to review the consumer alert today and ensure they and their kids are complying with California law.” 

“I’m proud of the actions Marin’s community leaders, schools, and cities have already taken to improve e-bike safety,” said Marin County District Attorney Lori Frugoli. “But to keep everyone safe while enjoying our shared streets, trails, and open spaces, we must make sure that products marketed and sold as e-bikes are truly legitimate e-bikes — not electric motorcycles.” 

“Electric bicycles can be an economical, enjoyable, and convenient way to get around,” said San Francisco District Attorney Brooke Jenkins. “Unfortunately, many retailers are marketing and selling two-wheeled vehicles as ‘e-bikes’ when they do not qualify as electric bicycles in California. Consumers, and especially parents of teenage children, should carefully check that the product they want to purchase legally qualifies as an electric bicycle. If not, it may actually be a motorcycle (or motorcycle equivalent), which requires a license, registration and insurance. This is a matter of both consumer protection and public safety.”

“Legally operated e-bikes can be a fun and environmentally friendly transportation option," said San Mateo District Attorney Steve Wagstaffe. “However, San Mateo County has seen many illegal motorcycles and mopeds which are marketed and sold as e-bikes. The safety of our communities requires manufacturers, sellers, and buyers, including parents, to know and comply with California’s e-bike laws.”

All About E-Bikes:

Bicycles, including e-bikes, are part of California’s commitment to alternative forms of transportation that reduce reliance on fossil fuels. 

E-bikes are bicycles equipped with an electric motor that provide power assistance while pedaling, with some models featuring a throttle which can allow riders to power their e-bike without pedaling. They make cycling faster, easier, and more accessible by reducing effort. E-bikes can expand access to California’s roads, open spaces, and trails, offer transportation options to riders with reduced mobility, and are less expensive to purchase and maintain than cars.

However, because of their higher speeds, e-bikes can pose a dangerous risk, especially if they are modified to go faster, transforming them into motorcycles or mopeds. A study by the University of California, San Francisco found that rider injuries from e-bikes nearly doubled each year from 2017 to 2022, and a University of California, San Diego study showed injuries in San Diego among e-bike riders under 18 soared by 300% from 2019 to 2023.

E-bikes fall into three classifications: 

• Class 1, also known as low-speed pedal-assisted e-bikes, provide assistance only while being pedaled and only at speeds under 20 miles an hour.
• Class 2, also known as low-speed throttle-assisted e-bikes, provide power assistance up to 20 mph but have a throttle that allows the rider to engage the motor without pedaling.
• Class 3, also known as speed pedal-assisted electric bicycles, are like Class 1 bicycles except that the motor assistance must stop when the bicycle reaches the speed of 28 miles per hour.

All e-bikes sold in California must have a permanent label that discloses the bike’s classification number, identifies the e-bike’s top assisted speed and the wattage of its motor.  

While people of all ages may ride Class 1 or Class 2 e-bikes, Class 3 e-bikes may only be ridden by people who are 16 years old or older and who are wearing helmets. Cities, counties, and other local governments including schools and parks districts may have additional rules and ordinances regarding where and how e-bikes can be ridden.  

NOT all two-wheeled vehicles with electric motors are considered e-bikes under California law. If a two-wheeled vehicle with an electric motor has any of the features mentioned below, it may require registration with the California Department of Motor Vehicles (DMV) and proper licensing:

• Provides pedal assistance beyond 28 miles per hour;
• Provides throttle assistance beyond 20 miles per hour; 
• Has a motor with more than 750 watts of power; or
• Does not have operable pedals.

For Retailers:

Sellers may only advertise or sell vehicles as “e-bikes” if they fall within one of the three classes listed above. Sellers must also not advertise or sell as “e-bikes” vehicles that are intended to be modified to exceed applicable limits. Misrepresenting the characteristics of a bicycle or other vehicle, converting one for illegal use, or selling one without the required DMV occupational licenses is a crime. The DMV has specific requirements for dealer and salesperson licensing.   

For Parents: 

Attorney General Bonta and the District Attorneys encourage all parents to carefully ensure any bicycle or e-bike that they are purchasing for their children is safe and legal for their children to ride. Children under 16 may only ride Class 1 or Class 2 e-bikes. Class 3 e-bikes may only be ridden by people who are 16 years old or older and who are wearing helmets.  

If a vehicle does not qualify as an e-bike, because it lacks pedals or exceeds the power or speed thresholds mentioned above, it may be considered a motorcycle or moped under California law. In that event, the owner or operator must observe all requirements that pertain to those vehicles, including possession of an M1 or M2 operator’s license, adequate insurance, and registration with the DMV.

Parents should also be aware that some school districts have rules regarding bicycles, including rules that restrict unsafe and overpowered bicycles from campus grounds. Modifying an e-bike to exceed the speed or power limits mentioned above is dangerous, may transform the e-bike into a motorcycle or moped under California law, and may be a crime if riders lack the appropriate DMV licenses (available only to people 16 years old or older).