Hello from California

MDANIELS

New Member
Local time
11:45 PM
Joined
Feb 1, 2009
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Okay, here I am buy my first used electric bike more like a cheap plastic scooter but wanted to see if it was what I needed. I live in a small town and lost my license so this was something I thought would get me from A to B in town and if I liked it I would buy something a little more sophisticated. I drive it two blocks get pulled over and asked for my drivers license. I say I dont have one they argue you cant drive this without a license. I pull out the dmv laws, the federal laws that are clear. They say they have been round and round with the DAs office and they consider an electric bike a motor vehicle. I tell them I contacted CHP and dmv before my purchase and this little scooter thing is only 350 watts only goes 15mph and cant even go more than 12 miles without being charged its way under the max requirements to be considered an low powered electric bike. I need more insight they didnt give me a ticket and said they would research more but what the heck! Anyone have any problems like mine in CAlifornia? I mean I cant live in a more green state!
 
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Electric bicycles do not need you to have a drivers license in California.
You do need to wear a bicycle helmet.

Print out the CHP website and carry it around with you.

http://www.chp.ca.gov/html/motors.html

Motorized Bicycle (Section 406(b) VC)

Driver's License not required but rider must be at least 16 years of age.

Motorized Bicycles (Section 406(b) VC) - A bicycle helmet meeting the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (SPSC) must be worn to operator a motorized bicycle.

Section 406(b) VC refers to a motorized bicycle as a device that has fully operative pedals for propulsion by human power and has an electric motor that:
Has a power output of not more than 1,000 watts;
Is incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and
Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour
 
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So I did, I understand that my little plastic bike falls under the 406b of DMV laws and regs category I have the feds section of the law and the information from the chp website. Seems that no one cares apparently they have been through this there is a guy in town that has 4 dui's and is forbidden to even be in a bar. So this guy was caught driving his little scooter which looks like mine home from the bar (the place he is not supposed to be!) they stopped him and told him to go home. After debate after debate with the local police and the DA they decided that he couldn't ride it without a drivers license. SOOO what does the guy do, he buys one that looks like a bike! This thing is state of the art, goes 30mph and when he sees a cop he just turns the motor off. Apparently that's okay with them! I'm so frustrated! The guy that pulled me over said just send me all the laws you have and I will review them "but we did our research already" and if you get pulled over just say you are working with me on it so we can get down to what the law is....I'm thinking I just buy a nice electric bicycle and do like the drunk guy!
 
Do you have pedals on your bike?
Section 406(b) VC refers to a motorized bicycle as a device that has fully operative pedals for propulsion by human power and has an electric motor that:

You can get a DUI on a bicycle with no motor of any kind so if the guy is legally drunk that would be his 5th....

Seems that no one cares apparently they have been through this there is a guy in town that has 4 dui's and is forbidden to even be in a bar. So this guy was caught driving his little scooter which looks like mine home from the bar (the place he is not supposed to be!) they stopped him and told him to go home. After debate after debate with the local police and the DA they decided that he couldn't ride it without a drivers license. SOOO what does the guy do, he buys one that looks like a bike! This thing is state of the art, goes 30mph and when he sees a cop he just turns the motor off. Apparently that's okay with them! I'm so frustrated! The guy that pulled me over said just send me all the laws you have and I will review them "but we did our research already" and if you get pulled over just say you are working with me on it so we can get down to what the law is....I'm thinking I just buy a nice electric bicycle and do like the drunk guy!
 
seems like the drunk riding guy has brought the heat down !!!

you are legal in Calif
if you happen to get a ticket
with your (proof) paper work -- the court SHOULD throw it out

my buddy received one of these exact same kind of tickets some years back
went to court -- showed the DA and judge his paperwork stating legal
the judge wrote over that ticket
do not write any more of these -- signed by the judge -- carried from then on by MB rider

ride that MB thing
 
At least they sound like good police officers, not throwing their weight around or acting like jerks. Honestly trying to understand the situation and not just assuming they know whats right/wrong, that's a **** good quality for a cop and you don't see that often.
 
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