Assembly Bill 2346 was approved by the Governor on September 30, 2026. Senate Bill 1167 was approved on that same date. New Vehicle Code section 22352.1(a) sets “the prima facie speed limit for a sidewalk” at “10 miles per hour,” and says the limit “shall be applicable as authorized in this code and, if so changed, only when signs have been erected giving notice thereof.”
This article states what the two bills and existing California statutes say about electric bicycles and similar vehicles. Claims against a city, a county, or another government agency are outside this article.
When the new rules take effect
Under article IV, section 8(c)(1) of the California Constitution, “Except as provided in paragraphs (2) and (3) of this subdivision, a statute enacted at a regular session shall go into effect on January 1 next following a 90-day period from the date of enactment of the statute.”
Counting from the approval date, 90 days after September 30, 2026 is December 29, 2026, and the next January 1 is January 1, 2027.
A 10 mph speed limit on sidewalks
Vehicle Code section 555 defines a “sidewalk” as “that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.”
Section 22352.1(b) says “A conviction of a violation of this section shall not result in a violation point count.”
What a police report must record after an e-bike crash
Vehicle Code section 21065(a) says “Any incident report filed by a peace officer for an injury or crash involving an electric bicycle shall include all of the following information.”
The four items in that subdivision are “The name of the brand,” “The manufacturer, importer, or distributor of the electric bicycle,” “The classification number of the electric bicycle,” and “The top assisted speed and motor wattage of the electric bicycle.”
Section 21065(b) says an incident report for an injury or crash involving “a moped or motor-driven cycle shall include all of the information provided in the certification label.”
Section 21065(c) says that if a peace officer “is unable to comply with the requirements of this section because” the vehicle “does not possess a marking or label that includes the required information,” the incident report “shall indicate that a marking or label was not available.”
What counts as an electric bicycle
Vehicle Code section 312.5(a) defines an “electric bicycle” or “e-bike” as “a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.”
Section 312.5(a)(1) defines a “class 1 electric bicycle” as a bicycle with a motor that provides assistance “only when the rider is pedaling” and that “ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.”
Section 312.5(a)(2) defines a “class 2 electric bicycle” as a bicycle with a motor “that may be used exclusively to propel the bicycle” and is “not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.”
Section 312.5(a)(3) defines a “class 3 electric bicycle” as a bicycle with a motor that provides assistance “only when the rider is pedaling,” that “ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour,” and that is “equipped with a speedometer.”
Section 312.5(b) says “A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.”
Section 312.5(c), as amended by Senate Bill 1167, lists vehicles that “are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles.”
The list in that subdivision includes “A vehicle with motor power of more than 750 watts,” “A vehicle capable of attaining a speed greater than 20 miles per hour on motor power alone,” “A vehicle without operable pedals,” and “Any motorcycle, motor-driven cycle, moped, motorized scooter, off-highway electric motorcycle, pocket bike, or recreational off-highway vehicle.”
The list in that subdivision has other items besides the four quoted here.
Mopeds, eMotos, and devices faster than 20 mph
Vehicle Code section 406(a)(1) defines a “moped” as “a two-wheeled or three-wheeled device that has an electric motor or an internal combustion engine that produces less than 4 gross brake horsepower (3,000 watts),” that is “capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground,” and that “is designed for highway use.”
Section 406(b) says a moped “is formerly also referred to as a ‘motorized bicycle.’”
Vehicle Code section 405(a)(1) defines a “motor-driven cycle” as “any motorcycle propelled by an internal combustion engine that displaces less than 150 cubic centimeters, or by an electric motor that produces 5 gross brake horsepower (3,750 watts) or less,” and that “is designed for highway use.”
Vehicle Code section 436.1 defines an “off-highway electric motorcycle,” “commonly referred to as an eMoto,” as “an off-highway motorcycle subject to identification under this code” that meets “all of the following requirements,” including that it “Has two wheels” and “Is not equipped with pedals from the manufacturer.”
Section 406(a)(3) says “An electric bicycle, motor-driven cycle, motorized scooter, pocket bike, or off-highway electric motorcycle is not a moped, and shall not be advertised, sold, offered for sale, or labeled as a moped.”
Vehicle Code section 23135 contains a new sentence that says “Notwithstanding any other law, a person shall not operate a two-wheeled or three-wheeled device powered by an electric motor that is capable of propelling the device at a speed greater than 20 miles per hour on level ground on a highway or public right-of-way when powered solely by the motor unless” three conditions are met.
The three conditions in that sentence are that the device “meets a definition of a class of motor vehicle device that is explicitly defined in Division 1,” “complies with all applicable requirements for that motor vehicle,” and “is explicitly authorized for use on a highway or public right-of-way pursuant to this code.”
The next sentence of section 23135 says a vehicle described in the section “includes, without limitation, any device that has multiple speed modes or settings,” even if a setting limits “the maximum speed of the device to 20 miles per hour when powered solely by the motor,” and includes devices “designed or designated by the manufacturer for off-road use or for use on private land.”
In December 2025, the Mineta Transportation Institute reported that “Counts of electric two-wheelers parked at a dozen northern California middle and high schools found that almost 90% may not meet the standards for legal electric bicycles.”
Labels and what sellers must tell buyers
Vehicle Code section 28170(a) says manufacturers and distributors of electric bicycles “shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle.”
That subdivision says the label “shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.”
The current version of Vehicle Code section 312.5 has required the same label “On and after January 1, 2017.”
Section 28180(a) says manufacturers and distributors of electric bicycles “shall also permanently affix” both “The name of the electric bicycle brand” and “The manufacturer, importer, or distributor of the electric bicycle.”
Section 28180(b) says manufacturers and distributors “shall ensure that all information required to be permanently affixed to an electric bicycle pursuant to this chapter is readily visible without inverting the electric bicycle.”
Section 28180(c)(2) says “Prominent location” means “the frame or fork of the electric bicycle.”
Section 28170(b)(1) says sellers and distributors of electric bicycles “shall disclose, in writing, all of the following information at or before the point of sale of each electric bicycle.”
The list in that paragraph includes “The classification of the electric bicycle,” “The maximum speed of the electric bicycle,” “The continuous and peak wattage of the electric bicycle,” “Any age restrictions on the use of the electric bicycle,” and “The helmet requirements for an electric bicycle.”
The list in that paragraph has other items, and item (H) is “A recommendation that persons under 16 years of age should not ride an electric bicycle at a speed greater than 15 miles per hour.”
An insurance warning in moped and eMoto advertising
Vehicle Code section 28191(a) says “Every manufacturer, importer, or seller of a motor-driven cycle, a moped, or an off-highway electric motorcycle that is powered by an electric motor shall provide a disclosure to all potential buyers in any advertising.”
Section 28191(c) sets out disclosure wording that includes the sentence “YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR CRASHES INVOLVING THE USE OF THIS VEHICLE.”
The filing period for an injury or death claim
Under Code of Civil Procedure section 335.1, the period is “two years” for an action for injury to, or for the death of, an individual “caused by the wrongful act or neglect of another.”
As a general rule, the two years are counted from the day of the injury. Deadlines can depend on your situation and on who the claim is against. Consult an attorney. For a death, see the firm’s wrongful death page.
Related reading
You can read our article on school zone speed cameras for a related topic. You can also read our articles on steps to take after a serious car accident and what counts as a catastrophic injury. You can also read the firm’s pages on auto accidents and personal injury, or contact the firm.
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