OK the problems are that the dmv is citing code no longer in existence, and the information regarding an electric bike is part of a new definition that removed electric bikes from the definition of a moped. There is new information relating to what a motorized bike is considered, as seen in the proposed (and passed) bill:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB1096
The bill begins with this digest summarizing what the bill is to do.
"Existing law defines a “motorized bicycle” or a “moped” as a 2-wheeled or 3-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and motor, as specified.
Existing law also defines a “motorized bicycle” as a device that has fully operative pedals for propulsion by human power and has an electric motor that meets specified requirements. Existing law requires a motorized bicycle, as described by this definition, to comply with specified equipment and manufacturing requirements. Existing law also imposes specified requirements relating to the operation of bicycles. A violation of the Vehicle Code is a crime.
This bill would delete the latter definition of a “motorized bicycle.” The bill would define an “electric bicycle” as a bicycle with fully operable pedals and an electric motor of less than 750 watts, and would create 3 classes of electric bicycles, as specified. The bill would require manufacturers or distributors of electric bicycles to affix a label to each electric bicycle that describes its classification number, top assisted speed, and motor wattage. The bill would require every electric bicycle manufacturer to certify that it complies with specified equipment and manufacturing requirements. The bill would also require an electric bicycle to operate in a manner so that the electric motor disengages or stops functioning when brakes are applied, or in a manner so that the release or activation of a switch or other mechanism disengages or stops the electric motor from functioning."
OK so the dmv is using old legislation as now the electric bicycle is not part of the definition of a moped and has nothing to do with motorized bikes, electric bicycles are defined as the below, and are subdivided to 3 classes based off the power of the motor.
312.5.
(a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.
Skipping the classes chit chat the definition of a moped has been changed to:
406.
(a) A “motorized bicycle” or “moped” is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power,
or having no pedals if powered solely by electrical energy, and an automatic transmission and a
motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.
Then to top it off the requirements to issue a license of any class have been changed, indicating that the following classes of vehicles require a driver's license in class a, b, or c before you can receive the m2 endorsement:
(5) (A) Class M2 includes the following:
(i)
A motorized bicycle or moped, or a bicycle with an attached motor, except an electric bicycle as described in subdivision (a) of Section 312.5.
(ii) A motorized scooter.
(B)
Authority to operate vehicles included in class M2 may be granted by endorsement on a class A, B, or C license upon completion of an appropriate examination, except that no endorsement is required for a motorized scooter. Persons holding a class M1 license or endorsement may operate vehicles included in class M2 without further examination.
The only possible loophole is in the piece of definition that accidentally states that:
(b) Every manufacturer of a motorized bicycle or moped, as defined in this section, shall provide a disclosure to buyers that advises buyers that their existing
insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements:
Which technically could mean he has already defined a motorized bicycle as "just a bicycle" funny enough he did it exactly 406(b) which happened to be the star of the tutorial.
Hopefully that sums it up enough, basically anything that does not meet the strict requirements for an electric bicycle will be considered a moped/motorized bicycle/bicycle with an attached motor (gotta love the airtight seal on that last one.)
You will need a license of some sort to get your m2 endorsement, and in
http://leginfo.legislature.ca.gov/f...vision=3.&title=&part=&chapter=1.&article=8.1.
5030: A motorized bicycle, as defined in Section 406, is required to display a special license plate issued by the department.
So you'll need to plate it too.
