Lives are at stake. We can’t look away when teenagers are getting severely injured or killed riding vehicles that are prohibited on public roads. What most of us call e-bikes are actually not e-bikes at all.
Jackie Speier
Did you know that with a simple app upload or a push of a button a young rider can turn an e-bike into a de facto motorcycle?
Ray Mueller
For e-bikes to be legal on public roads they must not exceed 20 mph to 28 mph (depending on class) and 750 watts of power output. Many of the vehicles ridden by teens, often with more than one rider (also illegal), are not street-legal because they exceed 28 mph, often going 40 mph or more. These devices are effectively electric motorcycles, except they aren’t street-legal.
Street-legal electric motorcycles require a driver to have a driver’s license, registration and insurance. They also require proper brakes and safety features that these illegal e-conveyances lack. It may come as a rude awakening for parents that not everything sold online is legal.
We recently heard from a father of a teenager whose e-conveyance was impounded. The dad had bought online a $1,600 “Tuttio electric bike for adults” with 4,000 watts, far exceeding the legal power limit of 750 watts for public roads. Parents should also know that they may be liable for significant out-of-pocket money damages to anyone injured by their children. Vehicle and homeowners’ insurance will likely refuse to pay a claim arising from the illegal behavior of a child.
Deputies in the Sheriff’s Office tell us that the e-conveyances involved in most accidents are these illegal e-conveyances, not street-legal e-bikes. This was tragically the case in the recent accident that killed a 16-year-old student who collided with a box truck on Highway 1 in unincorporated Half Moon Bay. The teenager’s speed exceeded 50 mph.
At a town hall we hosted in February, Dr. John Maa, a Marin trauma surgeon, shared data showing that teens are at the highest risk: the e-bike crash rate among 10- to 15-year-olds is about five times higher than any other age group.
We were approached by a number of city leaders and constituents to do something about the growing public health crisis of illegal e-bikes and unsafe use of legal e-bikes. We vowed to take action.
First, we are working with our Sheriff’s Office to ensure we enforce existing state laws. The subject is largely within the state’s jurisdiction, and existing law, if further enforced, can help us reduce the dangers we are witnessing.
Second, we will introduce a proposed county ordinance March 10 to fill in gaps, when possible, in state law.
The ordinance will make it clear that e-conveyances already illegal on public roads will earn the rider a citation and possible impoundment. It will also clarify that the unsafe operation of legal e-bikes on roads — such as performing stunts or wheelies or operating when not otherwise allowed on sidewalks — is subject to citation. Ideally, each city in the county will adopt a version of this ordinance to create a uniform system.
Contributing to this public health crisis is confusion. Parents often buy products for their kids without knowing the specifications or understanding the differences and rules about e-bike classes 1, 2 and 3.
E-conveyances that can be modified to exceed maximum speed allowances or other class definitions are illegal for use on the public roads at the time of sale, even if never modified. Parents are defrauded by sellers who claim these are street-legal merely because they are initially set not to exceed a certain speed.
In an ideal world we would like to see standard laws regulating e-bike safety on our roads such as those in Europe or New York City. Europe’s regulations say that all e-bikes will go no faster than 15.5 mph, have a maximum power output of 250 watts, and be pedal assisted (no throttles). New York City recently set the speed limit for e-bikes, e-scooters and pedal-assisted bicycles at 15 mph.
Our schools and public safety officers have engaged in extensive education efforts about e-bike rules, but we still see far too many accidents and dangerous riding behavior by teens.
Lacking a more robust state law, the county is compelled to do its part to ensure that laws are enforced and that our roads, bike lanes and sidewalks are as safe as possible. We owe it to our kids and our community.
Jackie Speier and Ray Mueller and members of the San Mateo County Board of Supervisors.
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(5) comments
Yes, let's address this important issue. Unfortunately, the proposed ordinance won't address many of the problems listed below:
- It doesn't prevent conversion of an e-bike into a e-motorcycle (which isn't possible on many e-bikes anyway)
- It doesn't address the confusion in the marketplace around e-motorcycles; manufacturers will continue to produce, retailers will continue to sell, and parents can and will continue to buy overpowered e-motorcycles; more rules around "e-conveyances" will not convince teenagers to ask their parents for safer two-wheelers
- Existing state laws already restrict illegal devices and dangerous driving; the proposal doesn't add resources to our overburdened police departments
- Existing rules are already confusing and difficult to understand; creating more and potentially different rules for 20+ cities in SM County won't increase simplicity
- We don't fully understand the problem. Yes, one crash is too many, but how many are occurring on our streets? If most of the problem and crashes involve e-motorcycles unsafely ridden by a small number of kids, why are we using a broad brush to regulate e-bikes and penalize kids who ride them safely?
- The proposal doesn't acknowledge or attack the much larger problem - our streets aren't safe for those who are not in a car. Forcing kids to ride in 45 mph car traffic without bike lanes could have fatal consequences.
Let's take a step back and get some solid data on what is happening and work with state leaders to create consistent improvements that target the root of the problem instead of downstream symptoms.
The Marin School Board surveyed hundreds of "e-bikes" parked at their schools. 80% parked at middle schools and 90% parked at high schools were found to be illegally modified.
A survey showed similar results in SM County. Unfortunately, the proposal treats illegally modified devices similar to those riding legal and lower speed devices.
Whenever Bay Area Democrats have a chance to bully children, they will. When they don't have that chance, they find a way to create it.
This problem was already solved:
- Governor Ronald Reagan gave California bike lanes in 1967 to solve a safety problem.
- Bay Area Democrats took safety back by introducing a class-system of "bikeways" and then used them to discriminate against people with physical limitations (children, seniors, ADA).
- President George W. Bush gave us the 1 hp low-speed electric bicycle (e-bike) to solve an ADA issue.
- Bay Area Democrats introduced a class-system of e-bikes and then used that to discriminate against people with physical limitations (children, seniors, ADA).
AB 1942 - requiring registration through DMV - is the most effective proposal at the state level because it would limit e-bike manufacturers and retailers to licensable categories. Of course, they are pushing back furiously.
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