MotorBicycleRacing
Well-Known Member
You are way over analyzing all these laws.
First I have never heard of an ebike getting a speeding ticket
for going 30 mph which would be 10 mph over the 20 mph limit.
Do you or anyone else know of any speeding tickets issued?
If your eBike is in the no pedal 406 (a) category you will also
need an M1 or M2 license and a DOT helmet to be legal on
top of the $19 license plate.
Also there are no jury trials for traffic tickets or infractions in CA
so if you get a speeding ticket you will be in front of a traffic court
judge and the DA will not give you the time of day.
First I have never heard of an ebike getting a speeding ticket
for going 30 mph which would be 10 mph over the 20 mph limit.
Do you or anyone else know of any speeding tickets issued?
If your eBike is in the no pedal 406 (a) category you will also
need an M1 or M2 license and a DOT helmet to be legal on
top of the $19 license plate.
Also there are no jury trials for traffic tickets or infractions in CA
so if you get a speeding ticket you will be in front of a traffic court
judge and the DA will not give you the time of day.
Yes speed cost mony but is $19 too much to pay for 10 more mph? I was surprised to find out the DMV also shares my interpretation that pedals are optional. Below is right out of the 2012 California Motorcycle Handbook.
Motorized Bicycles
There are two definitions for motorized bicycles (mopeds). A motorized bicycle is:
- A two- or three-wheeled device, capableofnomorethan30mphon level ground, and equipped with:
◦ Fully operative pedals for human propulsion.
◦ A motor producing less than two gross brake horsepower and an automatic transmission.
◦ An electric motor, with or without pedals for human propulsion. (CVC Sec.406(a))
http://www.dmv.ca.gov/pubs/dl655/mcycle_htm/operation.htm?lang=en#motorized
Now of course this is just the DMV's definition and not the actual vehicle code as written, so a law enforcement officer or judge may see it differently. However with the DMV handing this information out in booklet form as well as posting it on their website, any person receiving a ticket for having pedals on their plated 30mph electric should be able to sway the DA or convince a jury to see things their way.
I don't feel the intent of CA law is to limit electrics to 20mph because of pedals, rather there are 2 different types of Electric Bikes as defined in CVC 406.
(A) The 30 mph limit "moped type" (pedals optional) which is the where the electric custom builders would squeeze in, same as most gasser folks to get the $19 license plate.
(B) The 20 mph limit "e-bike type" (pedals mandatory) which all the manufactures are jumping on because they are easier to market due to the relaxed requirements for operation.
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