New Laws Put Parents at Risk for Liability When Kids Ride E-Bikes

The new year has brought with it new laws regarding the use of the widely popular electric bikes, or as they are usually referred to as “e-bikes.” The new laws impose several safety requirements that aim to reduce risk of fires from uncertified lithium-ion batteries, curtailing throttles, increasing visibility, and imposing criminal liability on parents for inappropriate e-bikes or for the child’s failure to follow safety rules.

First, all e-bike batteries sold in California must be tested by an accredited laboratory and meet certain safety certifications. In addition, the charging stations for these batteries must also be certified. The applicable certification standard that is used to show compliance must be physically and permanently attached to the charging system. In other words, your certification must be visible at all times.

Second, the new laws only allow e-bike throttles up to 20 miles per hour on class 2 e-bikes. Class 2 e-bikes are those that are equipped with a motor that can be used exclusively to propel the e-bike. A class 1 or class 3 e-bike may have start assistance or a walk mode that propels the e-bike on motor power alone up to a max speed of 3.7 miles per hour. Class 1 and Class 3 e-bikes are those that are equipped with motors but only provide assistance when the rider is pedaling. These bikes are not capable of exclusively propelling the e-bike. In addition, the new law prohibits anyone from tampering or modifying the e-bike to change the e-bike’s speed capability. The only exception is if the person tampers or modifies the e-bike and then replaces the label to show the classification required by the increased speed and the bike still meets the definition of an e-bike.

Third, all e-bikes must now have either a red reflector or a solid or flashing red light with a built-in reflector. This light must be used the entire time the electric bike is in use, whether day or night. This red reflector light has to be on at all times and must have a visibility from at least 500 feet away (or roughly one and a half football fields away).

Fourth, cities can choose to reduce speed limits in school zones from 25 to 20 miles per hour. If the cities choose not to, the speed limit will automatically drop to 20 miles per hour on January 1, 2031 if proper signage is posted.

Fifth, e-bikes must move over if any vehicle displays hazard lights on the roadside. Previously, these “move over” laws only required you to slow down or move over if you saw a first responder or highway employee such as Caltrans or emergency vehicles stopped on the side of the road with its lights on.

Sixth, electric motorcycles, which are sometimes referred to as “e-motos” and look like bikes with no pedals, are now clearly designated as off-road vehicles. These are separate and distinct from e-bikes. E-motos are required to be registered with the DMV and assigned either a red or green tag depending on the manufacturer. These cannot be used on public roads, sidewalks, or walkways.

Finally, the Riverside District Attorney’s office recently put out a Public Service Announcement making clear that California Penal Code 273a(a) applies to parents who allow their children to ride e-bikes. In particular, the office stated that, “a parent can be held criminally liable for child endangerment if they provide a minor with an inappropriate e-bike, fail to properly educate them on safe operation, and do not ensure they use required safety equipment – actions that place the child or others at risk of death or great bodily injury. A felony conviction under this statute carries a maximum sentence of six years in state prison.”