California has changed its definition of electric bicycles to clarify ambiguities about the use of throttles. Since their first introduction in the 1990s, electric bicycles, or e-bikes, have grown tremendously in popularity in recent years. Starting in 2020, e-bike sales took off as consumers began to use them for recreation and as a means of less expensive, “green” transportation. But the sudden rise of e-bike use in the U.S. has come with an increase in associated safety risks like battery fires and accidents.
Despite their popularity, few regulations exist to govern the use of e-bikes. Because many e-bikes have throttles, high-watt electric motors, and are capable of driving at speeds of close to 30 mph, some argue that e-bikes are actually more akin to mopeds or motorcycles than to traditional bicycles. The distinction between electric bicycles and mopeds matters because the “electric bicycle” classification allows use in the widest possible areas, including public roads and bike paths, while negating the need to tag, title, or insure electric bicycles.
In September 2024, California passed SB 1271, which went into effect on January 1, 2025. The bill introduces fire safety precautions, creates requirements for third-party safety certifications, and clarifies the existing three-tier e-bike classification system used by many states to classify e-bikes. The prior e-bike regulations are summarized below, compared with the new rules under SB 1271.
E-bike classification | Prior to SB 1271 | Under SB 1271 |
Class 1 | e-bikes that can reach 20 mph with pedal assist. | Throttles not allowed to accelerate |
Class 2 | e-bikes that can reach 20 mph with a throttle (a hand-activated device that engages the motor without needing to pedal). | Throttles remain legal, but the throttles must cut out once the e-bikes reach a speed of 20 mph or greater. |
Class 3 | e-bikes that can reach 28 mph with pedal assist, but cannot use a throttle to reach that speed. | Throttles not allowed to accelerate |
A main point of contention over the last few years has been whether Class 3 e-bikes are permitted to have throttles installed at all, even if the throttle does not work above 20 mph. Most manufacturers interpreted the prior law to mean that Class 3 e-bikes can have a throttle, but that it must cut out when the e-bike reaches a speed of 20 mph. After that, the motor can help the rider achieve a speed of up to 28 mph through pedal assistance while the rider is pedaling.
SB 1271 clarifies this ambiguity. Under the new law, throttles are not allowed on Class 1 and Class 3 e-bikes. Rather, e-bikes that fall into those two categories are only allowed to use pedal assist. Throttles on Class 2 e-bikes remain legal, but the law introduces some restrictions. Namely, although Class 2 e-bikes can still have throttles, the throttles must cut out once the bikes reach a speed of 20 mph or greater. Any e-bikes that do not meet these requirements will now fall outside the confines of the regulations for “electric bicycles” in California.
The laws make one exception for Class 1 and Class 3 e-bikes—bikes that fall into these categories are permitted to have throttles that accelerate the e-bikes up to 3.7 mph. This carve out exists to allow throttles to be used as a parking assist or to slowly roll the bikes at a walking speed.
Although the new law is not a major departure from California’s previous regulations governing e-bikes, it could signal the beginning of heightened regulations on the e-bike industry as a whole. Manufacturers of e-bikes should focus on compliance with SB 1271 and monitor for new regulations in other jurisdictions.