SB 1271 explained (E-Bike & Battery Safety Law); takes effect January 1, 2026

[Scott Mace]

Last night I attended a Silicon Valley Bicycle Coalition online class
about e-bikes, taught by Tim Oey, and during the class there was
reference made to the following page, explaining SB 1271, California's
E-Bike & Battery Safety Law, which takes effect January 1, 2026:

https://www.bikelegalfirm.com/california-e-bike-battery-safety-sb1271

The above page is provided by Bike Legal, which bills itself as the "#1
bicycle accident lawyer in California."

Scott Mace

[David Whiteman]

Although this article is mainly about e-bike batteries the article also mentions a new definition for Class 3 ebikes. I have previously seen that a Class 3 ebike is an ebike that is not class 1 or class 2, has a speedometer, can have either or both a pedal assist and throttle, and the assist cuts off at 28 mph. Other sources said that the assist cuts off at 28 mph when using a pedal and 20 mph if using the throttle only. I have seen some sources say that Class 3 bikes need not have pedals, but most say that they do.This article says that Class 3 ebikes are now pedal assist only and throttles are not allowed. Does this mean the definition has officially changed?

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[clint.sandusky]

Hi Scott,

Let's see how the actual application and enforcement of these new lithium-ion battery regulations goes.

I was sad to see this bill not pass: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB588&search_keywords=Electric+bicycle

Clint Sandusky

Sent from my Galaxy

[clint.sandusky]

Hi guys,

The amended --https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=312.5&lawCode=VEH -- already took effect on 1/1/2025.

Clint

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[Serge Issakov]

Please, all this e-bike stuff is confusing enough without confounding it with misinformation.  There has only ever been a single definition for Class 3 e-bikes:

(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.

Class 3 has always been pedal-assist only.

That said, some manufacturers play tricks and claim they are a Class 2 (can have throttle assist) up to 20 mph but after 20 mph are Class 3 (only pedal assist.  However there is no legal definition for such a 2/3 hybrid.

If you ever need to reference the actual legal definitions, please only look at CVC 312.5:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=312.5.

In fact, I never noticed this before:

(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.

I'm sure that's extremely useful on uphill starts!  But that makes the argument for the hybrid 2/3 even more sketchy, since there is already this accomodation for a hybrid of sorts that allows Class 1s and 3s, which are otherwise pedal-assist only, to have "start assist" (pedaling not required) up to 3.7 mph (not 20 mph!!!)

Serge

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[clint.sandusky]

Serge,

You're right; Class 3 have already been a pedal-assist only!

However, there are major e-Bike motor (drive unit) brands like BOSCH eBike Systems that have a "walk" mode for appreciated off-the-bike 3.7 mph assistance to help the rider push their bike up a steep hill. NOT FOR ON-BIKE START-UP.

I have and have used it on my Trek Rail 9.8 Class 1 eMTB. Excellent feature!

Clint⚡️

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[Pete Penseyres]

Also an excellent feature for people who ride on sideWALKS and crossWALKS and both of those to avoid "driving" in the middle of a lane through a roundabout.

Pete 

https://groups.google.com/d/msgid/caboforum/6932fb3b.170a0220.16cf72.14e5%40mx.google.com

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[Serge Issakov]

I covered that in the end of my email. Perhaps you missed it. The statute is clear that class 1 and 3 can have this extra pedal-free mode up to 3.7mph for start assist as well as walking. 

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(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.

Serge

[Gary Cziko]

Serge shared:

The statute is clear that class 1 and 3 can have this extra pedal-free mode up to 3.7mph for start assist as well as walking.

6 km/h is 3.7 mph.

I suspect some un-American metric European influence here! 😲

--Gary

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