What qualifies as an e-bike?

An e-bike is an electric bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.

• The same rules of the road that apply to human-powered bicycles apply to all types of e-bikes and human-powered bicycles.
• Electric bicycles do not need registration, licensing or insurance like a car or motorcycle.

California designates three classes of electric bicycles. Knowing the class of your electric bicycle will tell you where and how you can ride.

Class 1: pedal-assisted e-bike

• Allowed wherever regular bicycles are allowed.
• Equipped with a motor that provides assistance only when the rider is pedaling.
• Power maxes out at 20 mph.
• Operators and passengers under 18 years old must wear a helmet.

Class 2: throttle-assisted e-bike

• Allowed wherever regular bicycles are allowed.
• Equipped with a throttle-actuated motor.
• Power maxes out at 20 mph.
• Operators and passengers under 18 years old must wear a helmet.

Class 3: pedal-assisted e-bike

• Allowed in bike lanes or separated bikeways adjacent to the roadway.
• Equipped with a motor that provides assistance only when the rider is pedaling.
• Power maxes out at 28 mph. Any e-bike that can go over 28 mph is not street legal.
• Operators must be 16 years old.
• All ages must wear a helmet.

E-motorcycles, like Sur-ron, Talaria, 79-Bike, Rawrr Mantis, and Stark, to name a few, have a different set of rules and requirements than e-bikes.

• The same rules of the road that apply to motorcycles apply to e-motorcycles.
• To operate these, a driver's license with a motorcycle endorsement, California vehicle registration and insurance are required.
• These e-motorcycles are designed similarly to dirt bikes, and modifications are needed (including adding turn signals, mirrors and license plate holders) before they can be legally operated on the road.
• E-motorcycles do not have functioning pedals. Instead, they are entirely powered by the motor, not by the rider pedaling.

Bicyclists and e-bike riders on highways are subject to all the same rules of the road as motorists. Riders who don’t follow the rules are subject to ticketing and fines as defined by the California Vehicle Code or Carlsbad Municipal Code.

Make sure to follow these rules:

• Riders under the age of 18 must wear a helmet, and all riders on Class 3 e-bikes must wear a helmet.
• Traffic lights, signs and signals apply to all road users, including bicycle and e-bike riders.
• Passengers are generally only permitted if the bicycle or e-bike is properly equipped for passengers and the passenger is securely riding on the passenger portion of the bicycle or e-bike.
• Child safety seats are required for passengers under 4 years old or less than 40 pounds.
• Cyclists must ride to the right edge of the road as practical. If you're riding slower than traffic, ride in the bike lane. You can leave the bike lane to turn left, pass someone, avoid a road hazard or avoid cars turning right.
• Sidewalks and crosswalks are meant for pedestrians. Dismount and walk your e-bike in these areas. You must stop at crosswalks for pedestrians.
• Dismount and walk your e-bike or similar motorized device on trails less than 5 feet wide when within 50 feet of a pedestrian or horseback rider.
• Do not attach a bicycle, e-bike or similar motorized device to any moving vehicle or motorized or non-motorized wheeled device with an operator or rider on board.
• Be aware of other road users and try to match the average speed. This means riding slowly in areas with pedestrians.
• Stop at red lights.
• Stop before right turn at red lights.
• Stop at stop signs.
• Do not weave in and out of traffic
• Ride in the same direction as car traffic - ride with the flow of traffic.
• Proper reflective equipment must be used (during night operation).
• When a bicycle lane is available, bicyclists are required to use the bike lane unless they are traveling as fast as traffic.
• The "sharrow" symbol below means the lane is too narrow for a bicycle and a motor vehicle to share safely side by side. Bicyclists should discourage unsafe passing by riding towards the middle of this narrow lane. Bicyclists have a right to the road, even if no sharrow is present. 

Class 1 Bike Paths are for the exclusive use of cyclists and pedestrians and are off main roads. Class 1 Bike Paths are paved roads in nature areas. 

Class 2 Bike Lanes are the protected one-way bike lanes you see on various streets and highways. You will be able to see lines on the ground designating a Class 2 Bike Lane. All three e-bikes are allowed to use Class 2 Bike Lanes.

Class 3 Bikeways are on roadways, but they don’t have any special markings on the road and can be used by motorists, pedestrians, and cyclists. Usually Class 3 Bikeways are designated with a sign. Class 3 Bikeways are split into 3A and 3B, where 3A refers to shared lanes on arterial or parallel streets and 3B refers to bikeways in residential areas. All three classes of e-bikes are allowed on Class 3 B bikeways.

Class 4 Bikeways are like Class 2 Bikeways, but they are protected from vehicular traffic with either a space or barrier such as curbs, a parking lane, or a sidewalk. Sometimes people refer to these lanes as “cycle tracks.” Only Types 1 and 2 e-bikes can use these lanes.

• Class 1 e-bikes are allowed in most California State Parks where bicycles are allowed, as long as they’re not specifically called out as prohibited in a particular park. Class 2 and Class 3 e-bikes are allowed in select State Parks.

• Visit the California State Parks webpage or contact California State Parks for more information.

• Most bicycles and e-bikes are not equipped to carry passengers. Bicycles and e-bikes can only transport passengers if they are properly equipped for passengers and the passenger is securely riding on the passenger portion of the bicycle or e-bike.

• Child safety seats are required for passengers under 4 years old or less than 40 pounds.

• Passengers are required to wear a helmet if they are under 18

• All Class 3 e-bike passengers and riders must wear a helmet.

• Wear high-visibility clothing. Being seen is essential.
• Use a white front light, red rear light and reflectors.

E-bikes are lucrative targets for thieves. Take every precaution to ensure that your e-bike is safe. 

• When done using your bike, put it away - inside if possible and out of site.
• When out and about on your bike, always lock it securely and keep an eye on it.
• Use a good lock. Make sure your lock has a high-security rating and learn to use it wisely.
• Where to lock it? Look for something totally immovable that can't be cut.
• How to lock it? Lock at the lowest point possible between the bike frame and the locking object or cycle stand. This makes access and leverage points harder for thieves. Lock the frame and one wheel to the stand.
• If you have parts or components that are easily removable, take them with you.
• Lithium-ion batteries in common household items, including e-bikes, can sometimes overheat, catch fire and explode. The Carlsbad Fire Department urges you to follow safety precautions to stay safe.

A snapshot of some fines for California Vehicle Code (CVC) violations is below. The actual fine does not include approximately $300 dollars in additional court fees.

• DUI Bike, 21200.5 CVC, $250
• Disobey Traffic Control Device, 21200(a) CVC, $25
• Helmet Required, 21212(a) CVC, $25
• Red Light, 21453(a) CVC, $100
• Drive on Sidewalk, 21663 CVC, $35
• Yield Ped in X-Walk, 21462 CVC, $35
• Improper Lanes (bike lane), 21655 CVC, $35
• Wrong Way, 21657 CVC, $35
• Unsafe Lane Change, 21658 CVC, $35
• Allowing Improper Passenger, 21712 CVC, $35
• Stop Sign, 22450(a) CVC, $100
• Cell Phone Use, 23123(a) CVC, $20

For more information, please refer to the Superior Court of California County of San Diego Bail Schedule.

CVC Section 312.5 (Words and phrases defined):

(a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.

(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, and that ceases to provide assistance when the bicycle reaches the speed of 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, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.

(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 [of the California Vehicle Code].

(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.

CVC Section 21200(a)(1) (Operation of bicycles)

1. (1) A person riding a bicycle or operating a pedicab upon a highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle by this division, including, but not limited to, provisions concerning driving under the influence of alcoholic beverages or drugs, and by Division 10 (commencing with Section 20000), Section 27400, Division 16.7 (commencing with Section 39000), Division 17 (commencing with Section 40000.1), and Division 18 (commencing with Section 42000), except those provisions which by their very nature can have no application.

CVC Section 21204. Seating of persons riding bicycle

(a) A person operating a bicycle upon a highway shall not ride other than upon or astride a permanent and regular seat attached thereto, unless the bicycle was designed by the manufacturer to be ridden without a seat.

(b) An operator shall not allow a person riding as a passenger, and a person shall not ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

CVC Section 21207.5. Motorized or electric bicycles; prohibited operation

(a) Notwithstanding Sections 21207 and 23127 of this code, or any other law, a motorized bicycle shall not be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over the path or trail permits, by ordinance, that operation.

(b) The local authority or governing body of a public agency having jurisdiction over an equestrian trail, or hiking or recreational trail, may prohibit, by ordinance, the operation of an electric bicycle or any class of electric bicycle on that trail.

(c) The Department of Parks and Recreation may prohibit the operation of an electric bicycle or any class of electric bicycle on any bicycle path or trail within the department’s jurisdiction.

CVC Section 21213.  Operation of class 3 electric bicycle by person under 16; helmet requirement

(a) A person under 16 years of age shall not operate a class 3 electric bicycle.

(b) A person shall not operate a class 3 electric bicycle, or ride upon a class 3 electric bicycle as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail, unless that person is wearing 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. This helmet requirement also applies to a person who rides upon a class 3 electric bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.

CVC Section 21211. Blocking bikeways or paths; exemptions
(Bike path obstruction: No one may stop on or park a bicycle on a bicycle path)

CVC Section 21212(a).  Bicycle helmets required for persons under 18 to operate a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates; passenger requirements; helmet conformity to safety standards; sales of helmet; violations; allocation of fines collected
(a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing 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. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is at21651.

CVC Section 21651(b). Divided highways
It is unlawful to drive any vehicle upon a highway, except to the right of an intermittent barrier or a dividing section which separates two or more opposing lanes of traffic. Except as otherwise provided in subdivision (c), a violation of this subdivision is a misdemeanor.

CVC Section 21453(a).  Steady circular red signal; steady red arrow signal
(Red traffic light)

CVC Section 22450(a). Stop requirements
(Stop sign)

CVC Section 21461(a).  Obedience by driver to official traffic control devices
(Railroad crossing, must stop active signal device “R/R Crossing”)

CVC Section 22451(a). Train signals
(Railroad crossing must stop for active signal device w/ train approaching and horn)

CVC Section 22100(a). Turning upon a highway
(Right turn from improper position)

CVC Section 22107. Turning movements and required signals
(Unsafe movement, to the left or right)

CMC Section 10.56.020. Operation of regulated mobility devices

A. Prohibition of Regulated Mobility Devices Where Posted. It is prohibited to operate or ride on a regulated mobility device in public areas where such prohibition is posted by signs or as otherwise set forth in this chapter. A list of public locations where regulated mobility devices are prohibited shall be on file in the city clerk’s office. The list may be amended from time to time by resolution of the city council.

B. No Operating or Riding on Sidewalks and Public Facilities. No person shall operate or ride a regulated mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city.

C. Duty to Operate with Due Care, Reduce Speed.

1. The operator of a regulated mobility device shall exercise all due care and shall reduce the speed of the device, obey all traffic control devices, and take all other action relating to operation of the device as necessary to safeguard the operator, passengers, and any persons or other vehicles or devices in the immediate area. It shall also be unlawful to transport any other person upon the bar, handle bars, floorboard or other area of regulated mobility device not designed for passenger riding or designed for a single person, or cling to or attach oneself or one’s regulated mobility device with an operator or rider on board to any moving vehicle or motorized or non-motorized wheeled device.

2. Persons operating or riding a regulated mobility device on a city trail must dismount the regulated mobility device where the trail width is less than five feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device.

• Carlsbad Commuter – bike classes and education
• San Diego County Bike Coalition
• State of California Department of Motor Vehicles 
• California Legislative Information 
• CALBIKE – California Bicycle Coalition
• Safer Streets Together

March 22, 2022 staff report