SB 586 off-road/out of class e-powered bikes

[Jim Baross]

SB 586

I like it. It might help ID devices that look like Electric Bicycles but aren't, primarily if the devices must be sold with appropriate marking/display of status.

Must display info of their status as "off road" only.

SB 586, as amended, Jones. Off-highway motor vehicles: eMotos.

Existing law regulates the operation of bicycles, motorized scooters, and electric personal assistive mobility devices, as defined.

This bill would define the term “eMoto” as an electric two-wheeled device built on a bicycle infrastructure that does not have pedals or an engine number and is not subject to registration under the Vehicle Code.

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 and imposes specified safety requirements, including, among other things, a requirement that a person operating an off-highway vehicle wear a safety helmet. 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. A violation of these rules and requirements is a crime.

This bill would classify an eMoto as an off-highway motor vehicle, thereby subjecting eMotos to the rules and regulations relating to off-highway motor vehicles, including requiring eMotos to be subject to identification. The bill would require the Department of the California Highway Patrol, in consultation with local law enforcement, to implement a program to educate the public on the proper use and operation of eMotos as off-highway vehicles and to promote the compliance of eMotos with the rules and regulations described above. By expanding the scope of existing crimes with respect to eMotos, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Jim Baross

[David Whiteman]

Jim, please forgive my lack of legal expertise. Does the red strikeout type regarding the CHP mean that the original bill had a section saying that the CHP will establish a program educating the people about off highway vehicles, and that section was removed in the bill that passed the state senate? Do you know why that section was removed?

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[Alan Wachtel]

If you look carefully at the page Jim linked, you'll see "NOTE: There are more recent revisions of this legislation." See here for the latest draft on LegiScan, or here at Leginfo. If you click the Bill Analysis tab on Leginfo, you can find the committee and floor analyses of the bill.

David Whiteman wrote:

Does the red strikeout type regarding the CHP mean that the original bill had a section saying that the CHP will establish a program educating the people about off highway vehicles, and that section was removed in the bill that passed the state senate? Do you know why that section was removed?

Yes, it means the May 23 amendments removed that language from the previous version of the bill. The Senate Appropriations Committee analysis from May 10 helps explain why: "CHP estimates one-time costs of approximately $280,000 to consult with local law enforcement stakeholders to develop and implement a public education program on the proper use and operation of eMotos as OHVs and promote compliance with OHV laws." A later analysis, dated May 23, shows that the Appropriations Committee then amended the bill to delete that provision, presumably for fiscal reasons.

~ Alan

[Clinton Sandusky]

Hi David and all!

I concur with Alan's assessment. It always comes down to funding and California doesn't have it!

That's the same reason I believe CABO's lobbying for the defining of OCEVs (Out-of-Class Electric Vehicles) - Bill Text - SB-455 Electric bicycles. - and of course our hope for a CA Bicycle Driver Handbook in the past failed!

Respectfully,

Clint Sandusky

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[Scott Mace]

At last week's annual SVBC summit, CalBike executive director Kendra Ramsey said that the DMV told CalBike that a Bicycle Driver Handbook would cost $4 million, money not in the DMV budget.

Scott Mace

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[Clinton Sandusky]

Scott,

Yes, as shown in the Bill Text - AB-1188 Transportation: bicycle safety handbook. "Bill Analysis: 202320240AB1188_Assembly Appropriations.pdf. Subsequently, we had proposed a digital version that would highly reduced the cost!

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[David Whiteman]

Thank you for your reply to my post. I followed the link to the amended SB586. The Assembly version changes the name of the device covered by this bill from eMoto to off-highway electric motorcycle. 

SB586 initially defined the eMoto as an electric device built on a bicycle infrastructure that does not have pedals or an engine number and is not subject to registration under the vehicle code.

The amended bill defines the term off-highway electric motorcycle as an off-highway motorcycle subject to identification that is (1) designed by the manufacturer for operation primarily off the highway, (2) powered by an electric motor for which a motor number is not required, (3) has handlebars for steering control, (4) has a straddle seat provided by the manufacturer, (5) has two wheels, and (6) is not equipped with pedals from the manufacturer. 

I find it interesting that bicycles and eBikes can have either two wheels or three wheels according to CA law, but the off-highway electric motorcycle can only have two wheels.

Is there a place for an ebike that has been modified with a more powerful motor at all?  They can't be an off-highway electric motorcycle because they were not designed by the manufacturer for operation primarily off the highway, and they cannot be registered as an off highway vehicle because they don't have an engine number on their motor.

Also I am wondering looking at the third requirement in the amended bill: how else would you control the steering of such a device without a handlebar?

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[clint.sandusky]

Folks,

Let's view this amended bill as a win, as does the California Mountain Biking Coalition and others who support it!

It will also aid law enforcement in keeping these things off the streets, sidewalks, paths, and trails.

Clint Sandusky

Sent from my Galaxy

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[Jim Baross]

Sorry for the delayed response.

The CHP has already established an eBike info web page. It is flawed IMO. But it does already exist.

Jim Baross

[William Sellin]

Would it not be easier to simply amend the EXISTING CVC for off-highway motor vehicles to include “gas or electric motor and thus capture everything being sold as an eBike that exceeds the 30 mph speed of a Moped (and 20 mph throttle speed of any electric bicycle) rather than adding yet another code?

“A devil takes one & makes two - a Saint takes two and makes one” 

Bill Sellin 
714.943.3678
WASe...@gmail.com

Infrastructure Review Committee

OCBike.org

Area Liaison to Caltrans District 12

CABOBike.org

League of American Bicyclists
Certified Bicycle Advocate

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[Jim Baross]

That cost estimate (from a year ago) was for development, printing, and distribution to all DMV offices. 'Certainly a considerable cost, though the DMV seems to be able to publish other official handbooks - Driver, Motorcycle, Trucks, Seniors, etc.

A reasonable first step could be for the DMV, WITH SIGNIFICANT COLLABORATION OF ACTUAL BICYCLISTS (LCI and CSI), to develop an official California Bicycle Driver Handbook for online/public availability. 

Jim Baross

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