California AG warns mopeds being illegally sold as e-bikes, issues alert to parents

By Tim Fang

California Attorney General Rob Bonta and local prosecutors urged parents to check their children’s e-bikes, saying some of the vehicles may be motorcycles or mopeds capable of high speeds.

The attorneys issued a consumer alert Tuesday reminding parents, along with manufacturers, retailers and users about state laws on the sale and use of the bikes.

“Sometimes, what looks like an e-bike or is marketed as an e-bike is not a bike at all. We are seeing a surge of safety incidents on our sidewalks, parks, and streets,” Bonta said. “Bike riders and parents: If your or your teen’s electric two-wheeled vehicle goes too fast, it might be a motorcycle or a moped — not an e-bike.”

In a statement, Bonta’s office pointed to a study by the University of California, San Francisco finding that rider injuries from e-bikes nearly doubled each year from 2017 to 2022. A study from the University of California, San Diego showed injuries among e-bike riders under 18 in San Diego soared 300% between 2019 and 2023.

San Francisco District Attorney Brooke Jenkins added, “Unfortunately, many retailers are marketing and selling two-wheeled vehicles as ‘e-bikes’ when they do not qualify as electric bicycles in California.”  

While acknowledging e-bikes can make cycling faster, easier and more accessible, along with reducing reliance on fossil fuels, the  attorneys said such vehicles can pose safety risks if they are modified to go faster.

Bob Mittelstaedt, a safety advocate who visits school campuses across the region to track the rising number of “e-motos,” spoke to CBS News Bay Area in December about the growing issue.

“This is like driving a motor vehicle without a driver’s license and without DMV plates,” said Mittelstaedt.  

Under state law, two-wheeled vehicles that go more than 28 mph with pedal assistance or 20 mph with a throttle are not e-bikes. Such vehicles are classified as mopeds or motorcycles, which require additional licensing and age requirements to operate or sell.

In addition, only e-bikes that are Class 1 or 2 can be operated by people of all ages. Class 3 bikes, which are also known as “speed pedal-assisted electric bicycles,” can only be operated by riders 16 and older with helmets.

State law requires all e-bikes to have a permanent label disclosing what class it belongs to, the bike’s top assisted speed and the wattage of its motor.  

Officials said that not all two-wheeled vehicles with electric motors are considered e-bikes. Any two-wheeled vehicle that provides pedal assistance above 28 mph or throttle assistance above 20 mph, has a motor with more than 750 watts of power or does not have operable pedals may require registration with the DMV, along with proper licenses and adequate insurance to operate.

Parents were also reminded to check for additional rules from their local school district or community on how and where e-bikes can be operated.

In addition to alerting parents and consumers, the attorneys warned e-bike sellers to only sell or advertise vehicles that fall into the three classes and not to sell or advertise vehicles that are intended to be modified to exceed applicable limits.