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Bike lane ends abruptly. Credit: David Rynerson |
Enough! We Don’t Need More E-bike Laws
by David Rynerson
Aug 28, 2025
Over the last several months, Voice of OC has published numerous articles about cities in Orange County, and even the County itself, crafting new regulations on e-bikes. The stated goal is to improve safety, but the result is a hodgepodge of inconsistent laws creating uncertainty and chaos for both riders and law enforcement. No one argues that e-bikes ridden in an unsafe manner are a problem, but passing additional laws, city-by-city, is not the answer.
Stop the performative e-bike regulations
The rush of city and state officials to add more and more laws regarding e-bikes is a performative show and not a serious effort to deal with the issue.
Existing California E-Bike Laws
Let’s start with the definition of an e-bike. The State of California recognizes and defines three classes of e-bikes: Class 1, Class 2, and Class 3. Here are their definitions:
An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. Three classes of electric bicycles have been established:
Class 1: A low-speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached.
Class 2: A low-speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance when a speed of 20 mph is reached.
Class 3: A low-speed pedal-assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached.
The operator of a Class 3 electric bicycle:
Must be 16 years old or older.
Must wear a bicycle safety helmet.
Must not transport passengers.
May ride an electric bicycle in a bicycle lane if authorized by local authority or ordinance.
All electric bicycle classes are exempt from the motor vehicle financial responsibility, DL, and license plate requirements (CVC §24016).
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This is NOT an E-bike. No pedals and 10,000W motor! E-bike max is 750W. Credit: David Rynerson |
What’s Not an E-Bike
What does this mean practically? For starters, all the electric vehicles you see that don’t have operable pedals are NOT e-bikes. They are either electric motorcycles or scooters and have an entirely different set of regulations. They must meet street-legal regulations like having headlights, taillights, turn signals, and license plates. If the vehicle does not meet these requirements, it is an off-road vehicle and is illegal to operate on public streets. If the vehicle does meet these requirements, it may be operated on public streets but requires the rider to have an appropriate license and to have insurance or a post a bond to operate.
So, think back about all those “dangerous e-bike riders” you seen. How many of them had no pedals? Those were not e-bikes, they were illegal off-road electric motorcycles.
The Real Problem – Lack of Enforcement
Which brings us to the next point. A HUGE part of the problem is that local police forces simply don’t enforce the laws that are already on the books. All the typical rules of the road apply to e-bikes, just like they do to automobiles. Speeding, running red lights or stop signs, erratic behavior, and exhibitionistic driving/riding are every bit as much violations for bicycles and e-bikes as they are for automobiles. Same with using a cell phone while driving or riding.
But police see these as trivial issues not worth their time and effort to enforce unless there’s injury, loss of life, or significant property damage involved. Perhaps, if they simply issued citations for the violations on a consistent basis, the behavior would change. There’s only one way to find out: start consistently enforcing the laws that are already on the books.
Did You Know?
While we’re on the topic of laws that don’t get enforced, did you know that California also has a law that requires automobile drivers to give cyclists three feet of clearance when passing? I don’t know about you, but I have never seen a motorist cited or even warned for violating this law. And, as a regular cyclist (both standard and e-bike), I can tell you that this law is violated all the time. I have even had my handlebar struck by the mirror of a passing vehicle, who, by the way, did not slow, stop, or apologize for what could have been catastrophic to me.
In a similar vein, it is not unusual to see automobiles veer into the bicycle lane inappropriately. Whether this is due to inattention, misunderstanding of the laws, or simply not caring is not clear. But it happens all the time.
Sometimes infrastructure issues exacerbate the problems. In the area where I ride most frequently, there are numerous places where the bicycle lane ends abruptly without warning. This leaves the cyclist in the unenviable position of trying to merge with traffic often moving 20-30 miles per hour faster in a very short space. It’s not a recipe for safety.
Real Solutions
In the same way that I advocate for automobile drivers to be more considerate and respectful of cyclists, it is also incumbent on cyclists to be more considerate and respectful of pedestrians. Common courtesy requires cyclists to give pedestrians a wide berth when possible. When that is not possible, announcing your presence, either by voice, bell, or horn, from some distance away avoids startling the pedestrian. You can even call on which side you intend to pass, such as, “On your left”, to give the pedestrian even more information. This is especially important on shared-use paths like beach or park paths, or if a cyclist is riding on a sidewalk.
We don’t need more laws regulating e-bikes. The laws already on the books are quite sufficient. Plus, we don’t need the chaos of laws changing from city to city leaving cyclists unsure of their legality as they cross city boundaries on their rides.
What we do need is to be more intentional about enforcing the existing laws and not treating them as “beneath” the skills of the police. We also need both drivers and riders to be more considerate of other users of shared infrastructure. A good way to develop this consideration is to go use an alternative form of transportation so you can experience what it’s like to be the cyclist, scooter rider, or pedestrian. Once you experience a 4000-5000 pound vehicle passing you at 50 mph less than a foot away, it might give you some compassion for that rider or pedestrian. In fact, I think that the DMV should make it a requirement to get a driver’s license.
David Rynerson is a retired technology systems engineer with a background in economics. He is an automobile driver, a cyclist, and an e-bike rider with first-hand experience of the topics in this opinion. He is a member of CalBike and lives in Huntington Beach, CA.
Opinions expressed in community opinion pieces belong to the authors and not Voice of OC.
© 2025 Voice of OC
I agree to most of what Dave Rynerson wrote in his opinion piece in Voice of Orange County. However, I don't necessarily agree with his opinion on requiring a driver's license for Electric Bikes. I believe that there should be safety education in elementary school, junior high and high schools to make sure kids learn to ride safely, PERIOD! That includes all modes of transportation from scooters to skate boards, bikes and electric bikes. Too many have gotten injured or killed by being careless with no regards for others' safety or their own.
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