Existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power. Existing law classifies electric bicycles into 3 classes with different restrictions for various purposes, and requires, among other things, a class 3 electric bicycle to be equipped with a speedometer. Existing law prohibits certain vehicles that do not meet the definition of an electric bicycle from being advertised, sold, offered for sale, or labeled as an electric bicycle, as specified. A violation of the Vehicle Code is a crime.

Existing law defines a motor-driven cycle as any motorcycle with a motor that displaces less than 150 cubic centimeters.

This bill would revise the definition of motor-driven cycle to mean any motorcycle propelled by an internal combustion engine that displaces less than 150 cubic centimeters, or by an electric motor of less than 3,750 watts that produces 5 brake horsepower or less, and is designed for highway use, complies with all applicable federal motor safety standards, and meets all of the equipment requirements of the Vehicle Code.

Existing law defines a motorized bicycle or moped as a 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 that produces less than 4 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.

This bill would delete references to motorized bicycle in the Vehicle Code and replace the term with “moped.” The bill would revise the definition of a moped to mean a two-wheeled or three-wheeled device that has an electric motor of less than 3,000 watts or an internal combustion engine that produces less than 4 gross brake horsepower, is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground, is designed for highway use, complies with all applicable federal motor safety standards, and meets all of the equipment requirements of the Vehicle Code. The bill would specify that a moped may be equipped with operable pedals for propulsion by human power.

Existing law requires every manufacturer of a motorized bicycle or moped to provide a specified disclosure to buyers.

Existing law requires manufacturers and distributors of electric bicycles to apply a label that is permanently affixed, in a prominent location, to each electric bicycle. Existing law requires the label to contain the classification number, top assisted speed, and motor wattage of the electric bicycle, as specified.

Existing law defines an off-highway motor vehicle as a motor vehicle that operates on lands, other than a highway, that are open and accessible to the public, as specified. Existing law establishes rules for the operation of an off-highway vehicle. Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, except as specified.

Existing law makes a person who drives a vehicle upon a highway, or in an offstreet parking facility, in willful or wanton disregard for the safety of persons or property guilty of reckless driving, which is punishable, upon conviction, by imprisonment in the county jail, payment of a fine, or both the imprisonment and fine, as specified.

Existing law authorizes a peace officer to remove a vehicle that (1) has fewer than 4 wheels, but that does not meet the definition of an electric bicycle, if that vehicle is powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway and is being operated by an operator without a current license to operate the vehicle, or (2) is a class 3 electric bicycle being operated by a person under 16 years of age.

This bill would make other clarifying and conforming changes.