A Warning to Riders of Ebikes or Unregistered Electric Motorcycles in South Lake Tahoe

In my law practice recently, I have seen quite a few criminal cases arising out of what my clients would likely call an ebike, but local law enforcement, including the CHP and the South Lake Tahoe Police Department, refer to as unregistered electric motorcycles. These unregistered electric motorcycles, often with the brand name Surron or similar, are legally distinct from California’s definition of a legal electric bicycle, and that designation can have serious consequences for riders. The California Vehicle Code recognizes electric bicycles as separate and legally distinct from motor vehicles under Vehicle Code section 24016(b), such that they are generally exempt from requirements we typically associate with motorcycles and cars: registration, insurance, and the requirement that the driver have a valid driver’s license or motorcycle endorsement.

While online retailers are happy to call these "ebikes," if they do not meet the stringent criteria set out within Vehicle Code section 312.5 for a class 1, 2, or 3 electric bicycle, the drivers should be aware that they cannot be driven lawfully on roads or bike paths. Furthermore, these vehicles are subject to seizure and, perhaps more significantly, fall within the realm of the California Vehicle Code statutory scheme regarding DUI.

In my practice, I have recently seen several people charged with driving under the influence when in their mind they were simply riding an ebike.

An easy way to determine if your vehicle is actually a lawful electric bicycle is to look for working pedals or cranks. This is significant because it's also easily identifiable by law enforcement as well as the person who's riding down the road. If the bike or motorcycle has no bicycle cranks or a way to power it independent from the electric motor, it is not an "electric bicycle" under Vehicle Code section 312.5. Instead, it is a motor vehicle as defined by Vehicle Code section 415 and is subject to all motor vehicle requirements.

Furthermore, under Vehicle Code section 312.5(d) if the vehicle has a throttle that allows it to travel more than 20 miles per hour, provides pedal assist beyond 28 miles per hour, or has a maximum power output in excess of 750 watts, it is similarly an unlawful, unregisterable electric motorcycle.

The distinctions between an electric motorcycle and an ebike are significant. First, if law enforcement sees someone riding an electric motorcycle without registration, they already have reasonable suspicion to pull over the driver under Vehicle Code section 4000(a)(1.) Even if you are otherwise driving lawfully, be it on a bike path or on the public street, law enforcement will have a lawful basis to pull the rider over. From there, law enforcement can and occasionally does impound these bikes as a public nuisance because they cannot be registered.

Furthermore, if the driver of said vehicle is under the influence of alcohol, law enforcement will conduct a field sobriety investigation. If the rider is impaired or provides a chemical test result indicating a blood alcohol concentration of 0.08% or above, they will be arrested for DUI under Vehicle Code section 23152. Once that person is arrested, they will face criminal consequences in court identical to someone who drove a conventional car or motorcycle while under the influence.

Finally, the rules for riders under the age of 21 are particularly strict. If the rider is under 21 and is suspected of consuming alcohol, law enforcement can require that person to provide a preliminary alcohol screening test. While this is typically an optional pre-arrest test for someone over the age of 21, Vehicle Code section 23136(c)(1) states that any person under 21 who drives a motor vehicle is deemed to have given their consent to this test. Because these high-powered ebikes are legally motor vehicles, the officer can require the rider to blow into the device. If there is a test result in excess of 0.01 percent, the DMV will institute a driver’s license suspension under Vehicle Code section 13353.1. Additionally, if the result is 0.08 percent or higher, or if the prosecutor believes the person was impaired, they will also be charged with a standard DUI.

The bottom line is, while many people are out riding what they believe to be a fun and high-powered e-bike, it's actually an unregistered electric motorcycle in the eyes of law enforcement, always subject to a potential vehicle stop and potential impoundment. While many folks might choose to ride one of these after consuming alcohol, potentially believing it to be a safer or more legally defensible option than getting behind the wheel of a car, the consequences for impaired driving are virtually identical to those of impaired driving of a car or traditional motorcycle. When joined with the reality that law enforcement doesn't need any additional reasonable suspicion to actually pull you over, it places riders at great legal risk of driver's license suspension, fines, DUI programs, and even potential jail time. Please ride accordingly and be safe. And if you are in a position where you have been detained or pulled over as a result, feel free to give me a call.