Marin panelists to federal regulators: Strengthen e-bike laws (2024)

A panel of officials and a bicycling advocate from Marin County have called upon federal regulators to consider stronger, nationwide regulations on electric bicycles.

The group addressed safety issues involving e-bikes during a teleconference held by the U.S. Consumer Product Safety Commission on Wednesday.

Marin County Supervisor Mary Sackett told regulators about a young person in her neighborhood who suffered head trauma and stayed in an intensive care unit for six weeks after an e-bike crash.

“This is who I think about when I talk about this issue,” she said.

Commissioners gathered comments on what their priorities should be for next year and 2026.

“This is an important issue that’s before the commission,” Peter Feldman, a member of the commission, told the e-bike safety panelists. “I want to assure you that it’s one that we’re taking seriously.”

The U.S. Consumer Product Safety Act was amended in 2002 to define e-bikes as low-speed vehicles that are pedal-operated, powered by a 750-watt motor and travel less than 20 mph. However, federal regulations do not apply to the general operation of e-bikes; such policies are instead implemented by states, the Association of Pedestrian and Bicycle Professionals reported.

E-bike regulations vary by city, county and state. California law classifies e-bikes in three categories. Class 1 e-bikes are pedal-assisted vehicles that are limited to 20 mph. Class 3 e-bikes are pedal-assisted and can travel up to 28 mph, andstate law prohibits youths under age 16 from operating them.

Controversy arose over class 2 e-bikes that have throttle devices that can assist the bike up to 20 mph without pedaling. However, many class 2 models have been reportedly altered by riders to break the 20 mph limit. California law does not have age limits for class 2 e-bikes.

Assemblymember Damon Connolly, who represents Marin County, told the federal commission about his bill seeking stricter regulations for class 2 e-bikes. AB 1778 would implement a pilot program in Marin County where municipalities would voluntarily enforce laws that prohibit minors under age 16 from riding class 2 e-bikes.

Connolly believes that more federal e-bike regulations are needed.

“My strong opinion is while we can enact enforcement laws at the state and local levels to improve the safety of e-bike riders within our jurisdictions, this is an issue that can only be effectively and meaningfully addressed with nationwide federal regulations,” he said.

Connolly said federal guidelines should require clear labeling on e-bikes about the risks of injury, age-appropriate limits and other consumer protections.

Last month, the Marin County Civil Grand Jury called upon the county government and municipalities in Marin to adopt laws on class 2 e-bikes because of concerns over young riders’ safety.

Dr. Matthew Willis, Marin County’s public health officer, said communities like Marin will take local action because of the absence of clear federal regulations on e-bikes.

“This could lead to a wide patchwork of regulations that vary in potentially confusing ways for Americans as they cross city, county or state lines,” he said.

Willis recalled what led his staff to create an online “dashboard” report of data on 911 calls related to bicycle crashes in Marin County.

He was alerted to a rise in young e-bike riders being severely injured while at the same time he heard community members complain about youths “zipping” around on throttle-assisted e-bikes. Willis’ staff asked ambulance crews to record e-bike crashes, and health officials found that the crash rate for youths ages 10 to 15 was five times higher than any other age group last year.

The county then issued a public safety alert during the holiday shopping season to warn parents about the risks of class 2 e-bikes and riding with passengers.

CPSC member Mary Boyle asked Sackett about the response to the county’s e-bike safety alert. She replied that the county has only been collecting e-bike crash data since October.

“We would like to look at a decrease in injuries,” Sackett said. “I just don’t know if we have enough information yet to make that conclusion.”

Sackett noted the challenge of enforcing e-bike laws, adding that officers have a difficult time identifying e-bike classes.

Bob Mittelstaedt, co-founder of the Marin nonprofit E-bike Access, raised concerns about manufacturers that market throttle vehicles as class 2 e-bikes but provide means such as an app that enable riders to travel faster than the class’s 20 mph limit.

He argued that state and federal laws should categorize e-bikes as only being pedal-assisted.

“A 10-year-old can stay at top speed with nothing but the press of a thumb,” Mittelstaedt said about throttle-assisted e-bikes.

After the CPSC hearing, Willis said he doesn’t expect quick action from federal regulators. However, he believes that the “Marin perspective” was valuable for the commissioners to hear because the Marin community has been an early adopter of e-bikes and of measuring their impacts.

“The commission referred to Marin as a microcosm that predicts the emerging national experience, as e-bikes gain popularity,” he said.

Sackett said she will still push for federal e-bike regulations.

“I will continue to advocate for federal regulations to address gaps in safety standards and manufacturer ambiguity to protect our youth riders and all e-bike users,” she said. “We cannot achieve these solutions at the local and state level alone.”

Marin panelists to federal regulators: Strengthen e-bike laws (2024)

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