E‑bike classification can be important after a crash

Electric bikes occupy an unusual place in California law. They have motors, and they go much faster than traditional bicycles. However, riders don’t need a driver’s license, registration or even insurance.

Those exceptions only apply, however, when the vehicle meets California’s legal definition of a bicycle.

California law recognizes three classes of e-bikes

Manufacturers and retailers are increasingly engineering vehicles that look like e-bikes but act like mopeds or motorcycles.

To legally be considered an e-bike and not something else, the bike must have fully workable pedals and an electric motor that is limited to 750 watts or less. It must also fall into one of three classifications:

• Class 1: The e-bike only provides assistance when the rider pedals, and only up to 20 mph.
• Class 2: The e-bike may use a throttle and be used without pedaling, but motor assistance still stops at 20 mph.
• Class 3: The e-bike only provides assistance when the rider pedals, but up to 28 mph, and the bike must have a speedometer.

Class 1 and Class 3 bikes may also have a limited start-assistance mode, but can’t move the bike faster and 3.7 mph without pedaling. E-bikes must also be labeled with their class, motor wattage and maximum assisted speed, and bikes designed to easily be modified to exceed their class cannot be sold as e-bikes at all.

Owners need to be wary about aftermarket modifications, too. Removing the pedals or using something that increases the speed of the e-bike can legally turn it into a moped or motorcycle.

Why does classification matter?

Mopeds and motorcycles generally have different licensing, registration, insurance, equipment and helmet requirements that are not imposed on e-bikes. An e-bike that doesn’t legally meet the definition of an e-bike may also be prohibited from bike lanes and dedicated bike paths, as well.

Misclassification of a vehicle as an e-bike does not necessarily mean that an injured rider does not have a valid claim if they’re involved in a crash, but it could complicate it significantly. In general, it would open the door to new questions about their contribution to the accident. It could also raise questions about whether a manufacturer, retailer or some other party also behaved negligently. Having experienced legal guidance can help a rider protect their rights.