Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, a "class 2 electric bicycle" is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a "class 3 electric bicycle" is a bicycle equipped with a speedometer and a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle. Existing law requires a person operating, or riding upon, a class 3 electric bicycle to wear a helmet, as specified.
This bill would establish the Marin Electric Bicycle Safety Pilot Program that would, until January 1, 2029, authorize a local authority within the County of Marin, or the County of Marin in unincorporated areas, to adopt an ordinance or resolution that would prohibit a person under 16 years of age from operating a class 2 electric bicycle or require a person operating a class 2 electric bicycle to wear a bicycle helmet, as specified. The bill would require an ordinance or resolution that is adopted for this purpose to make a violation punishable by warning notices for the first 60 days after the prohibition comes into effect. After the 60-day period, the bill would require a violation to be an infraction punishable by a fine of $25. The bill would prohibit a record of the action from being transmitted to the court and a fee from being imposed if the person who violates the ordinance or resolution delivers proof to the issuing agency within 120 days after the citation was issued that the person has completed specified requirements. The bill would, if an ordinance or resolution is adopted, require the county to, by January 1, 2028, submit a report to the Legislature that includes, among other things, the total number of traffic stops initiated for violations, the results of the traffic stops, and the actions taken by peace officers during the traffic stops, as specified. The bill would require the local authority or county to administer a public information campaign for at least 30 calendar days prior to the enactment of the ordinance or resolution, as specified.

Statutes affected:
01/03/24 - Introduced: 312.5 VEH, 21213 VEH
AB 1778: 312.5 VEH, 21213 VEH