California is set to shake up how out-of-class electric two-wheelers are regulated, as a newly proposed bill, SB 586, aims…

  • litchralee@sh.itjust.works
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    7 days ago

    I follow a lot of bicycle legislation in California, and this bill is no different. In short, this bill – if it passes as-is – would create the new category of “eMotos” for things that today are otherwise grouped together with the broad class that is motorcycles (CVC 400). This categorization would exist alongside other categories such as “mopeds/motorized bicycle” (CVC 406), “bicycle” (CVC 231), and “electric bicycle” (CVC 312.5). Yeah, it’s kinda confusing, all these similar names.

    Under California law, an electric bicycle is a subset of bicycle, and are “devices” rather than “vehicles”. This makes them distinct from trailers and specifically “motor vehicles”, which includes automobiles and motorcycles. Strangely enough, a moped (aka motorized bicycle; which is different than an ebike) is also a “device”, making it not subject to motor vehicle insurance requirements. I’ve written about mopeds before.

    With that in mind, a new category that carves out “electric two-wheeled device built on a bicycle infrastructure that does not have pedals” serves to lessen the registration burden. Without this bill, a Surron-like eMoto is either a motorcycle with insurance and full registration requirements, or an off-highway dirt bike subject to annual OHV registration tags. The new eMoto category would likely be akin to moped plates, which are a one-time fee to obtain but helps in identifying and recovering if stolen. Note: fully-registered automobiles and motorcycles, plus mopeds with plates, do not need separate OHV tags to use OHV facilities.

    The status quo is that most eMotos today are probably being ridden on-street without registration, or off-highway at places like state OHV parks but they’re being cited for not having OHV tags. This bill does nothing for the first issue, but resolves the second issue. People can, should, and do buy eMotos for them or their children to ride off-highway, and the law should support recreation like that. We have numerous OHV parks for exactly this purpose.

    A different comment suggested that this bill attempts to address on-street use of illegal ebikes. That is wrong, and the bill’s text is quite clear about that. Machines that are outside the definition of ebikes are automatically motorcycles, and thus are illegal on-street or off-highway when ridden without registration. This bill addresses the latter.

    • dual_sport_dork 🐧🗡️@lemmy.world
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      7 days ago

      Without this bill, a Surron-like eMoto is either a motorcycle with insurance and full registration requirements

      I wish. Since the Surron and its ilk lack street legal VINs and also EPA certification (which is nonsensical, I know), most states simply refuse to allow you to plate them or operate them on public roads regardless of whether or not you’re willing to treat it as a motorcycle with insurance and a license, etc. Certainly on a Federal level and probably in most/all states, they’re not actually legally motorcycles.

      But all 50 states will still blithely let you register a 49cc two stroke scooter and you can go belching blue smoke down the road at 23 MPH just as you please.

      This is breathtakingly stupid.

      • litchralee@sh.itjust.works
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        7 days ago

        I can only say that I’ve seen Surron bikes with California motorcycle plates, so it must be possible. Then again, this is a state with a tremendous number of electric and other non-gasoline, non-diesel vehicles, so my guess is that the DMV is very used to the idea that something might not require a liquid fuel. It might be a easy as a form that certifies under penalty of perjury about the fuel type.

        My understanding of federal law is that it doesn’t do much to affect whether a state can issue registration for a particular machine/vehicle (they usually can), but it does impact: 1) the ability to even import such a thing into the USA, and 2) whether other states will honor reciprocal operation when out-of-state.

    • cubism_pitta@lemmy.world
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      7 days ago

      Yeah it does nothing to help the Gray area of E-Bike. I tried to comment earlier but it was long and boring.

      By definitions (without these clarifications) these Surrons are already NOT E-Bikes (so must be a dirt bike Offroad vehicle of some sort)

      BUT

      I have a Schwinn meridian with a 1200watt motor that can hit 30+mph with no pedal assist… BUT it still has working pedals… What is that?

      (IF a cop asks… I have no fucking clue… I just bought the cocksucker on amazon) ;)

      MORE than 750Watt motor = NOT an E-Bike (gray area)

      more than 20MPH without assistance = NOT an E-Bike (gray area)

      What is this MONSTER I have built?!!

      • litchralee@sh.itjust.works
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        7 days ago

        What you’ve built is a smiles-per-hour machine. :)

        In all seriousness, over 750 W but less than 4 kW, and over 20 MPH but less than 30 MPH, that might be registerable as a moped in California. You can even eschew the pedals, as electric mopeds don’t need them here. There’s a process for getting a randomly-assigned VIN and one-time plates, and the rider needs an M1 or M2 license.

        But such a machine is, on its face, not unlawful in California.

  • cubism_pitta@lemmy.world
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    8 days ago

    California’s Ebike rules are kind of dumb.

    I assumed since these had no pedals they were already considered Off-Road vehicles. As they did not fit ANY E-Bike classification.

    This proposal doesn’t do much to address anything beyond “Lets get these Surrons out of our neighborhoods”

    In my neighborhood these things are quite popular but I am usually happy to see that most teens on them rock full face helmets. (The scooters and cheaper E-Bike riders seem much less likely to wear any helmet)

    • krelvar@lemmy.world
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      8 days ago

      The people who are on them where I live are a bunch of young teenagers, look like they are around the 12 to 14 year-old range. There’s a bunch of these kids who buzz through our neighborhood on them. I have yet to see one of them wearing a helmet.

      Perhaps a month ago, I ended up following one, I was driving in this case, not biking. No helmet, T-shirt and shorts, flip-flops, in the 25 to 30 mph range. When we got to the exit from our subdivision, he cut left onto the main road (45mph) into the bike lane facing traffic, fortunately, nobody was turning right into the subdivision at the time… but at some point, somebody will be.

      I don’t really blame the kids, they are just doing what young boys do, being stupid. I would’ve done the exact same thing if I’d had the opportunity. I do, however, blame their parents – at some point one of these kids is gonna eat the front of somebody’s SUV and then their parents are going to lose their shit over their poor little Johnny and isn’t it so horrible and we should have laws against these things! and if/when they crack down that WILL affect me and that pisses me off.

      Edit to add: I should also mention that almost nobody around here wears a helmet, regardless of age, riding on the street. I’ve got kids in high school and when I’ve been over at the school, none of those kids do either. I do, 100% of the time, but I also started mountain biking before I started riding on the street, and that environment is completely different at least here. it’s a completely different group of people, and everybody wears a helmet mountain biking.

      • cubism_pitta@lemmy.world
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        7 days ago

        I am curious as to what “around here means” I notice some countries I travel to helmets for even motorcycles is almost sacrilege.

        And I am not saying that EVERYONE ALWAYS… certainly not.

        But the $300 Ebike from Costco 9 times out of 10 that little fucker has his helmet on the handlebars IF he has one.

        Big BMX… HA forget it

        (no BMX here really… we lack skate parks)

        Scooters “How fast can a scooter REALLY go man?”

        Roadies (old guys like me… but always helmeted… and them shorts <3… I mean)

        Surrons (or eletric dirtbikes / dirtbkes) almost always have helmets that fit the bikes ON.

        We had a group of kids a few years back that would blast around on quads and GoKarts with no helmets. Saw them picking themselves up off the concrete a few times though.

        I am in a US Suburban Area Upper middle class.

        • krelvar@lemmy.world
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          6 days ago

          Around here is suburban Phoenix, AZ. Nice area, pretty conservative.

          I will say, when I’m out biking outside the neighborhood, I see a higher percentage of surron type riders wearing helmets than most other groups. Roadies, MTBers almost always do too. The guy biking to work, or the old people on the canal path on their dtc e-bikes, and the kids at the local schools, never.

    • ralakus@lemmy.world
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      8 days ago

      Where I’m at, Surron riders are actually safer and more respectful when riding. I’ve had so many close calls with people on ebikes and escooters without helmets. I’ve never seen a Surron rider weave through pedestrian traffic without going really slowly or fully dismounting. I’d get one myself if they weren’t so expensive. They look so fun

      • jimmux@programming.dev
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        7 days ago

        I’ve had similar experiences with high powered esk8, scooters, EUCs, etc. having been on several group rides with them. Nearly all owners of more capable devices will invest in safety gear and learn to ride responsibly because there’s more to lose. Meanwhile there are basic ebike and scooter riders all over the place with no gear, doubling up, using phones…

        It’s frustrating because local legislation is rightly responding to these rider issues, but when they do a crackdown operation they target the geared up riders who appear to be fast and scary.

        • cubism_pitta@lemmy.world
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          7 days ago

          The scooters FREAK ME OUT. AS a person that skateboarded in his past…

          I don’t think these E-Scooter guys realize how easily they would loose their face going 20+mph while looking at their phone and not wearing a helmet…

          NO FUCKING THANKS!

      • cubism_pitta@lemmy.world
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        7 days ago

        Thats been mine too. I ride fixie every day here. Surron riders typically got their shit on point.

        I ride fixie because I couldn’t spend $4k on a surron lol (I think starting with dirt bike money has a lot to do with why I typically find these kids better equipped)