The e-bike conundrum

There are some basic facts I worry are being overlooked or never taught:

1). Any vehicles, motorized or not, need to be operated with care; an e-bike is a vehicle, not a toy;

2). A bicycle or a pedestrian will always lose the battle against a car, truck or other motor vehicle; and

3). Children, like adults, may have good intentions, but may make unsafe and hazardous decisions detrimental to their own health and the health of others.

Putting it simply, e-bikes can be a hazard to our children and anyone on the road. I frequently have seen children break basic traffic laws on their e-bikes, riding their e-bikes in areas where they should not be, blowing through stop signs without stopping, carrying passengers when it is not allowed, traveling at speeds that are faster than the traffic conditions permit, not wearing helmets and not adhering to basic traffic laws. This could be lack of training, maturity or both.

Our children must know the laws surrounding e-bikes and the different classes under state law.

• Class 1 e-bikes are distinguished as a pedal-assisted electric bicycle with a motor which assists the rider while peddling to reach speeds of 20 mph.

• Class 2 e-bikes have a motor used exclusively to propel the bicycle and ceasing assistance when a speed of 20 MPH is reached.

• Class 3 e-bikes, on the other hand, are pedal-assisted electric bicycles equipped with a speedometer and a motor that provides assistance only when the rider is pedaling, and ceases to provide assistance when a speed of 28 mph is reached.

Different classes of e-bikes come with different sets of rules. That is why, if you purchase an e-bike for your child, you need to be mindful of reviewing the label listing to determine its classification number, top assisted speed and wattage. Also, you need to make sure that their e-bike is street legal and rated for street use since there are many e-bikes on the market that are off-road bikes and not meant for road travel.

There are additional restrictions: Class 1 and Class 2 e-bikes do not have age restrictions but, like a regular bicycle, an e-bike operator (a term that hints at the skill required to ride an e-bike) under the age of 18, must wear a helmet. Class 3 e-bikes have additional restrictions for operators, who must:

1). Be 16 years old or older;

2). Must wear a bicycle helmet regardless of age;

3). Must not transport passengers; and

4). May ride in a bicycle lane if authorized to do so by a local ordinance.

Lastly, e-bikes are considered bicycles, which means they are allowed in bike lanes, and — if traveling with the flow of traffic — may also ride on the road. E-bikes are generally prohibited in places like equestrian or hiking and recreational trails, so be aware of where your children may be taking their e-bike.

And, just like regular bicycles, depending on the local city ordinance, there are prohibitions on riding a bicycle and an e-bike on sidewalks. E-bike operators are expected to follow all the rules of the road. That is why it is unsettling to see young e-bike operators ignoring basic traffic laws, like coming to a complete stop at a stop sign.

As parents, neighbors and citizens of the Peninsula, it is our obligation to make sure our children are educated on the proper use of e-bikes. There also needs to be accountability for both parent and child if a child does not, at a basic level, follow the rules of the road. Our firm has unfortunately handled a significant number of bicycle riders who have been injured in accidents with cars. Please take steps to ensure that your child is safe while riding his or her e-bike, for their safety and for the peace of mind of everyone in our community.

Ilya Frangos is a partner and trial lawyer at GFF&F Trial Lawyers, a firm located in San Mateo and serving the Peninsula for over 50 years, specializing in personal injury, workers’ compensation, and employment law cases. Go to gff-law.com to learn more.