Fwd: Supes add rules for riding e-bikes

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William Sellin

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Jul 1, 2024, 12:48:13 PM (6 days ago) Jul 1
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The final ordinance passed as drafted; the County has only updated the ordinance to match the State CVC - which is in need of updates and being changed in Sacramento.

The worst is that it copies the existing state law allowing a child of any age to ride a Class 2 throttle bicycle up to 20 mph.

This allows the Sherrif to keep more citation revenue in the county instead of sharing fines with the State… if they bother to enforce the laws already in effect across California.

The only 5 “New” rules I can see beyond catching up with including the existing State CVC: 

1: Electric bicycles are limited to going 28 mph on a street even if the posted speed limit is higher, the traffic we are riding in is faster and even if coasting down a steep hill and even if strong enough to out pedal the 28 mph pedal assist.  This is in conflict with the and the County may not have authority to change the laws covered by the CVC and the County may not have authority to change the laws covered by the CVC regarding use of our public roads. 6-4-500 (c)

2: Like Irvine, cyclists are not allowed to ride more than 2 abreast in a lane.  This is beyond the CVC which does not require riding single or double file; there is no limit in California and the County may not have authority to change the laws covered by the CVC. 6-4-500 (g)

3: Electric Bicycles (like other bicycles) are limited to 5 mph on sidewalks6-4-501 (a)

4: Riders must give an audible alarm when overtaking or passing a pedestrian or equestrian 6-4-501 (d)

5: Drivers crossing a sidewalk shall yield to any pedestrian or rider. 6-4-501 (d)



At LEAST my reaching out to Katrina Foley’s office has left an ‘echo' of my reasoning when she is quoted saying:
”The main issue is that an e-bike, whether pedal assist or not, does not travel more than 28 mph. 
Some of these mopeds and motorcycles that are being ridden as if they’re an e-bike, those require a license,” Foley said. 
 (Of course an electric bicycle DOES travel more than 28 with a strong rider out pedalling the assist or downhill, 
and those vehicles driven as if they are electric bicycles, those require a license - and registration and M/C helmets...)

“Now, if there’s the observation of a person riding a motorcycle on a sidewalk, that’s grounds for the sheriff deputies or the park rangers to stop a person and let them know (they are violating laws) 
 (Of course they already could do that under the current CVC but have not done so)


She and the press keep conflating the issue by using the marketing term “e-bike’ rather than saying electric bicycle - e-moped and e-motorcycle
Electric Bicycles, Mopeds and Motorcycles are already clearly defined in the CVC for the entire state. 
E-bike covers all kinds of devices and vehicles, and those e-bikes that exceed the 20 mph speed or have 750 watts & more power are vehicles, illegal to use on public streets, sidewalks or bike paths and subject to the regulations of mopeds and motorcycles and their drivers.  

"Signage will go up in parts of Orange County with the new helmet rules, a 28 mph speed limit and notices for places where e-bike use is not allowed.

We need signs for existing CVC helmet rules? 

Will we see signs on County Roads that have 2 speed limits posted?  
Will the sign specify electric bicycles or be confusing with “e-bike’ as well? 
The ordinance does not apply to legal e-bike vehicles, or unlicensed unregistered high speed illegal e-bikes that are prohibited at any speed.
Will it stand up if challenged by someone trying to safely keep up with traffic speeds who gets cited for this discriminatory limit?



Where is e-bike use not allowed: Sidewalks?  It's gonna be a very wordy sign or wrong…

Here are the approved ordinance changes:

The existing laws are not often being enforced, so adding a county ordinance that only applies to unincorporated county roads and county parks is more political theater if not also being enforced.
If the police across all jurisdictions had the time and will to enforce the CVC violations of the high speed eBikes being sold as if they were electric bicycles, the profiteers would go out of business and import, manufacture and sale of those illegal vehicles would dry up like mopeds did when regulations came down on the motorized bicycles. 


Bill Sellin 


Infrastructure Review Committee
      OCBike.org


Area Liaison to Caltrans District 12
      CABOBike.org

In case you hit a paywall, here is the OC Register ‘coverage’ of the “new rules” changes: 

Print        
ORANGE COUNTY
Supes add rules for riding e-bikes
Regulations, which include 3 tiers, put in place to address safety concern for riders, pedestrians
By Destiny Torres

E-bike users riding in unincorporated areas of Orange County will be subject to new regulations approved by the OC Board of Supervisors, including speed limits, helmet rules and age requirements.

The board’s recent decision to implement new rules aimed at addressing safety concerns for riders and pedestrians follows a boost in e-bike sales, officials said. Fifth District Supervisor Katrina Foley, who pushed for the ordinance to get approved before the Fourth of July weekend, previously said e-bike trauma patients have increased by some 500% since 2020.

While e-bikes can be an environmentally friendly way to get around, they also can pose health and safety risks if not regulated, she said.

E-bikes are classified into three classes: bikes that reach up to 20 mph with pedal assistance are Class 1; self-propelling bikes that can reach up to 20 mph are Class 2; e-bikes that can reach up to 28 mph are Class 3.

The new rules say Class 3 bikes may only be ridden by a person age 16 years or older and require a helmet. 

“The main issue is that an e-bike, whether pedal assist or not, does not travel more than 28 mph. Some of these mopeds and motorcycles that are being ridden as if they’re an e-bike, those require a license,” Foley said. “Now, if there’s the observation of a person riding a motorcycle on a sidewalk, that’s grounds for the sheriff deputies or the park rangers to stop a person and let them know (they are violating laws).

“We’re going to try to use education first,” she added, “but at the same time, we need people to know that those are motorcycles requiring a license, and you have to be 16 years or older.”

On June 20, just days before the final reading of the county ordinance, the OC Grand Jury released a report pressing Orange County cities to adopt e-bike rules. The grand jury argues inconsistency in laws and policies across the region can lead to confusion for riders and pedestrians.

“There is an urgent need to have consistent ordinances for the regulation and enforcement of safe e-bike use in all cities, school districts, parks, and unincorporated areas,” the report said. “The recent surge in e-bike usage calls for immediate action to strengthen city oversight of this issue.”

Foley said the grand jury’s report validated the reasonings and concerns that sparked the county’s new rules.

“When it was written, a lot of this was already in the works,” Foley said, adding that she agrees there needs to be consistency. “I think all the police chiefs have been working together and talking about this. I know in District 5, Irvine, Costa Mesa and Newport Beach have all talked to each other and their bike ordinances are very similar. It’s the movement to get some education to the families, to the e-bike stores to the community about what’s an e-bike? Where can you travel on the roads, sidewalks and trails. What’s the speed limit? When is the helmet required?”

Signage will go up in parts of Orange County with the new helmet rules, a 28 mph speed limit and notices for places where e-bike use is not allowed.

“We as a community, we want to encourage people to use e-bikes for transportation instead of cars whenever possible because it reduces our carbon emissions, because it’s healthier,” Foley said. “But at the same time, we can’t have so many injuries happening. We can’t have no regulation because what’s been shown is that there’s a lack of responsibility that’s happening.”


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