AMENDED IN SENATE APRIL 6, 2026
AMENDED IN SENATE MARCH 9, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
97
Introduced by Senator Choi
February 2, 2026
An act to amend Sections 312.5 and 21213 of, and to add Sections 21200.1 and 21206.5 to, the Vehicle Code, relating to vehicles. Section 39002 of, and to add Article 8.7 (commencing with Section 5180) to Chapter 1 of Division 3 of, the Vehicle Code, relating to vehicles.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Under existing law, a person riding an electric bicycle is subject to the laws pertaining to the operation of a bicycle upon a highway. For these purposes, existing law defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and classifies electric bicycles into 3 classes with different restrictions, as specified. Existing law states that these provisions do not prevent local authorities, by ordinance, from regulating the registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle facilities, provided such regulation is not in conflict with the Vehicle Code. Existing law prohibits a motorized bicycle from operating on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail, except as specified. Existing law prohibits a person under 16 years of age
from operating a class 3 electric bicycle and prohibits a person or passenger from operating or riding upon a class 3 electric bicycle unless the person is wearing a properly fitted and fastened bicycle helmet that meets certain standards. city or county, which adopts a bicycle licensing ordinance or resolution, from prohibiting the operation of an unlicensed bicycle.
The bill would, until January 1, 2032, authorize the County of Orange to establish a pilot program to require the display of a special license plate on electric bicycles. The bill would authorize the county to adopt ordinances or resolutions to implement the pilot program, and would make a person operating an electric bicycle in violation of this requirement guilty of an infraction punishable by specified fines and mandatory attendance of the Department of the California Highway Patrol-approved electric bicycle training course. By creating a new crime, the bill would impose a state-mandated local program. The bill would also exempt electric bicycles from the prohibition described above. The bill would, by January 1, 2032, require the county to submit a report to the Legislature, as specified.
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.
The people of the State of California do enact as follows:
SECTION 1.
Article 8.7 (commencing with Section 5180) is added to Chapter 1 of Division 3 of the Vehicle Code, to read:
Article 8.7. Electric Bicycle Special License Plate Pilot Program
(a) Notwithstanding any other law, the County of Orange may establish a pilot program to require the display of a special license plate on electric bicycles, as defined in Section 312.5.
(b) The special license plate shall be affixed to the rear of the electric bicycle and shall be clearly visible and legible at all times.
(a) The county may adopt ordinances or resolutions to implement this article, including, but not limited to, ordinances on all of the following:
(1) Application and issuance of special license plates.
(2) Plate size, placement, and visibility requirements.
(3) Special license plate fees in an amount not to exceed the reasonable regulatory cost of issuing or renewing the special license plates.
(4) Proof of ownership requirements, including the provision of a serial number for the registered electric bicycle.
(b) (1) If an ordinance or resolution is adopted pursuant to this section, the county shall, by January 1, 2031, submit a report to the Legislature that includes all of the following:
(A) Total number of different electric bicycles registered, the amount of registration fees collected, and the operational costs of the program.
(B) Data on traffic citations and accidents involving registered versus unregistered electric bicycles, and whether the special license plates aided in identifying electric bikes involved in reckless incidents.
(C) Analysis of the rate of compliance among owners and the effectiveness of law enforcement in identifying motorized bicycles or mopeds, as defined in Section 406, illegally classified as electric bicycles.
(D) Evaluation of how the program affected electric bicycle usage, public safety, and potential barriers to access.
(E) Challenges faced by the county in issuing special license plates, maintaining a registry, and collaborating with local law enforcement.
(2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(a) A person operating an electric bicycle in violation of this article is guilty of an infraction punishable by a fine not to exceed one hundred dollars ($100) for the first offense, two hundred dollars ($200) for a second offense, and two hundred fifty dollars ($250) for each subsequent offense.
(b) A person operating an electric bicycle in violation of this article shall attend the Department of the California Highway Patrol-approved electric bicycle training course.
This article shall remain in effect only until January 1, 2032, and as of that date is repealed.
SEC. 2.
Section 39002 of the Vehicle Code is amended to read:
39002.
(a) A city or county, which adopts a bicycle licensing ordinance or resolution, shall not prohibit the operation of an unlicensed bicycle. bicycle, except for an electric bicycle, as defined in Section 312.5.
(b) It is unlawful for any person to tamper with, destroy, mutilate, or alter any license indicia or registration form, or to remove, alter, or mutilate the serial number, or the identifying marks of a licensing agency’s identifying symbol, on any bicycle frame licensed under this division.
SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Section 312.5 of the Vehicle Code is amended to read:
312.5.
(a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.
(1) A “class 1 electric bicycle,” or “low-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), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(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.
(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.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11, unless a local ordinance provides otherwise.
(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.
(d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:
(1) A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power.
(2) A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone or to have motor power of more than 750 watts.
(3) A vehicle that is modified to have its operable pedals removed.
SEC. 2.
Section 21200.1 is added to the Vehicle Code, to read:
21200.1.
Notwithstanding any other law, nothing in this article shall be construed to restrict the authority of a city, county, or city and county to adopt and enforce local ordinances regulating the operation, registration, speed limits, and equipment requirements for electric bicycles consistent with general safety and public welfare.
SEC. 3.
Section 21206.5 is added to the Vehicle Code, to read:
21206.5.
(a) Notwithstanding Section 21207.5, a local authority may, by ordinance, do all of the following:
(1) Regulate the operation of class 1, class 2, or class 3 electric bicycles upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail over which the local authority has jurisdiction.
(2) Impose, among other things, speed limits, age requirements, equipment standards, including, but not limited to, helmet and safety equipment requirements, and other operational rules for electric bicycles within its jurisdiction, if those rules and standards are consistent with general safety and public welfare.
(3) Issue license plates for, or require the registration of, electric bicycles within its jurisdiction.
(b) For purposes of enforcement, a local ordinance pursuant to this section may be enforced by a local law enforcement agency.
SEC. 4.
Section 21213 of the Vehicle Code is amended to read:
21213.
(a) Except as otherwise provided by local ordinance adopted pursuant to Section 21206.5, a person under 16 years of age shall not operate a class 3 electric bicycle.
(b) Except as otherwise provided by local ordinance adopted pursuant to Section 21206.5, operators and passengers of class 3 electric bicycles shall wear a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities.