California E-Bike Law

E-Bike Classes 1, 2 and 3 in California

Last verified October 14, 2026·Edited by Stacy Yamaoka Anderson

The three classes differ on exactly two variables: whether a throttle may propel the bike, and where the motor assist cuts out. Class 1 is pedal-assist only, cutting out at 20 mph. Class 2 adds a throttle, still cutting out at 20 mph. Class 3 is pedal-assist only but cuts out at 28 mph, and must have a speedometer. All three are capped at 750 watts and all three must have fully operable pedals (Veh. Code § 312.5(a)). Only Class 3 carries extra legal burdens: a minimum rider age of 16 and a helmet requirement at every age. Class 1 and Class 2 are treated identically by state law — every difference between them is local.

Why the class system exists

Before 2016, California had a single confused category of "low-speed electric bicycle." AB 1096 (Chiu), Stats. 2015, Ch. 568, replaced it with the three-class framework now in § 312.5, and added § 21213 and § 24016. Every class definition in current law traces to that bill.

The design logic is that a faster bike gets more restrictions, and a throttle gets treated as a meaningful difference in how much skill riding requires. Whether the classes match real-world risk is contested — Carlsbad's own crash data found riders aged 12 to 17 were the largest at-fault group while its ordinance restricted under-12s — but the framework is what the law uses.

The two variables that define a class

Everything follows from throttle and cutoff speed:

Class 1 Class 2 Class 3
Motor engages while pedalling only with or without pedalling while pedalling only
Assist cuts out at 20 mph 20 mph 28 mph
Throttle-only propulsion No Yes No
Speedometer not required not required required
Walk mode ≤3.7 mph permitted Yes n/a Yes
Maximum motor power 750 W 750 W 750 W
Fully operable pedals required required required

The walk mode exception in § 312.5(a)(4), added by SB 1271 in 2024, deserves a note. It lets a Class 1 or Class 3 bike move on motor power alone up to 3.7 mph — enough to walk a loaded bike up a ramp without the bike becoming a Class 2. Before that amendment, any motor-only propulsion arguably made a bike Class 2.

What changes legally when you cross a class line

Class 1 to Class 2: nothing, under state law

This surprises people. State law imposes no age difference, no helmet difference and no access difference between Class 1 and Class 2. Both may go wherever bicycles go.

Every meaningful Class 1/Class 2 distinction in California is local, and it is concentrated in park and open space agencies:

  • East Bay Regional Park District folds Class 1 into its definition of "bicycle," giving it access to roughly 850 miles of trail, while restricting Class 2 to twenty named paved trails.
  • Sonoma County Regional Parks permits Class 1 only.
  • US Forest Service, Lake Tahoe Basin permits Class 1 on about 112 miles of trail and bans throttle-equipped bikes.
  • California State Parks may designate Class 1 for trails already open to bicycles; Class 2 and 3 are not allowed on trails.
  • Marin County's pilot ordinance restricts under-16 riders on Class 2 specifically, leaving Class 1 untouched.

If you ride trails, the Class 1/Class 2 choice is the single most consequential purchasing decision you will make. A throttle closes doors.

Class 2 to Class 3: two statewide rules attach

  • Minimum age 16 (§ 21213(a)), and since January 1, 2026, riding under 16 exposes the bike to a 48-hour impound (§ 22651.08(a)(2)).
  • Helmet at every age (§ 21213(b)), on a street, a bikeway as defined in Sts. & Hy. Code § 890.4, or any other public bicycle path or trail. This extends to a person in a restraining seat on the bike or in a trailer towed by it.

Since January 1, 2026, it has also been unlawful to sell a Class 3 e-bike to someone under 16 (§ 21212.5, from AB 965), an infraction with a fine up to $250. The statute says "sell a class 3 electric bicycle" with no new/used distinction, so it reaches private and secondhand sales too.

Class 3 also loses trail access almost everywhere locally. Of the agencies tracked on this site, nearly all ban Class 3 outright, and many cities that regulate at all single out Class 3 for sidewalk and path prohibitions. The irony is that state law stopped banning Class 3 from bike paths in 2023; local agencies filled the gap.

Where the classes end: the three boundary categories

A device that fails § 312.5 falls into one of these, and the consequences are severe:

Out-of-class device — § 312.5(d). Designed or modified to exceed 20 mph on motor power alone, or to exceed 750 W, or with the pedals removed. Not an e-bike. Cannot be advertised, sold or labeled as one. If it can exceed 20 mph on motor power and the rider is unlicensed, it is impoundable under § 22651.08(a)(1).

Moped — § 406. Two or three wheels, automatic transmission, motor under 4 gross brake horsepower, maximum speed not over 30 mph. A moped is a motor vehicle: registration, license and insurance required, and § 21207.5(a) bans it from bike paths and bikeways.

From January 1, 2027, a moped no longer needs operable pedals. SB 1167 (Ch. 846, Stats. 2026) makes them optional, and replaces the term "motorized bicycle" with "moped" throughout the Vehicle Code. That is the structural fix for the e-moto problem: it creates a registration category that pedal-less devices can actually occupy, rather than leaving them in a void where the only options were "illegal e-bike" or "motorcycle." It does not change the e-bike classes — § 312.5 survives intact.

Off-highway electric motorcycle — § 436.1 (new January 1, 2026). Designed for off-highway operation, electric, handlebars, manufacturer straddle seat, two wheels, no pedals from the manufacturer. Restricted to OHV areas, federal lands, or private property with permission. Prohibited on streets, sidewalks, bike lanes and bike paths. Green Sticker required on public lands. No driver's license required — and no path to street-legal conversion.

This last category is the one causing the most enforcement activity in 2026. A state-commissioned study cited by the San Diego County Board of Supervisors in September 2026 found that nearly 88% of electric vehicles parked at selected middle and high school bike racks were illegal e-motorcycles capable of 40 to 60 mph. The Board voted 4–1 to pursue litigation against companies marketing such devices as e-bikes.

Identifying your bike's class in practice

  1. Find the label. Required since January 1, 2017 under § 312.5(c): class number, top assisted speed, motor wattage, Arial, at least 9-point. Usually on the seat tube or downtube.
  2. Test the throttle. If the bike moves under motor power alone beyond a slow walking pace, it is Class 2 — or out of class if it will exceed 20 mph that way.
  3. Test the cutoff. If pedal assist keeps pulling past 20 mph, you have a Class 3 (or a modified bike). A Class 3 must have a working speedometer.
  4. Count the watts. Check the motor's rated continuous output, not peak. Above 750 W, it is not an e-bike.
  5. Check the pedals actually drive the bike. Decorative pegs are not operable pedals.

A missing or wrong label does not change what the bike legally is — the physical characteristics control. But an unlabelled bike sold as Class 2 that in fact assists to 28 mph puts the rider in the position of riding a Class 3 without knowing it, which means an age violation and a helmet violation they did not know they were committing.

Common questions

What is the difference between Class 1 and Class 2 e-bikes?

Only the throttle. Both cut out at 20 mph. A Class 1 motor engages only while you are pedalling; a Class 2 can propel the bike without pedalling. Under state law they are treated identically — same age rules, same helmet rules, same road access. The difference bites at the local level: East Bay Regional Parks admits Class 1 everywhere bicycles are allowed but limits Class 2 to twenty named paved trails, and Sonoma County Regional Parks permits Class 1 only.

Is a Class 3 e-bike street legal in California?

Yes. A Class 3 e-bike is a legal bicycle, needs no license or registration, and may be ridden on streets and in bike lanes. The two additional requirements are that the rider be at least 16 (§ 21213(a)) and wear a helmet regardless of age (§ 21213(b)). Since January 1, 2026, a Class 3 ridden by someone under 16 can be impounded for a minimum of 48 hours (§ 22651.08(a)(2)).

How do I know what class my e-bike is?

Look for the manufacturer's label, which has been required since January 1, 2017 and must show the classification number, top assisted speed and motor wattage in Arial type of at least 9 points (§ 312.5(c)). If there is no label, that is itself a warning sign — it may mean the bike predates 2017, or that it was never sold as a compliant e-bike. Check whether the bike can move under motor power alone above walking pace (that makes it Class 2, or out of class if it exceeds 20 mph), and whether assist continues past 20 mph (Class 3 territory).

Are 750-watt e-bikes legal in California?

750 watts is the ceiling, not a prohibited figure — § 312.5(a) defines an e-bike as having a motor "that does not exceed 750 watts of power." A 750 W bike qualifies; a 751 W bike does not. Above the ceiling the device is a motor vehicle requiring registration, a license and insurance, and it is barred from bike lanes, bike paths and sidewalks.

Can you remove the speed limiter on a California e-bike?

No. § 24016(d) prohibits tampering with or modifying an e-bike to change its speed capability unless it still meets the § 312.5(a) definition and the class label is appropriately replaced. Since January 1, 2026, § 24016(e) separately prohibits selling any product, device or application capable of that modification — which covers speed-unlock apps as well as hardware. Note the asymmetry: the statute prohibits the modification and the sale of the means, but does not expressly prohibit possessing an unlock app. A rider's exposure runs through § 24016(d) and, once the bike is out of class, through impoundment under § 22651.08.

Is a Sur-Ron or Talaria an e-bike in California?

Almost never. These devices typically exceed 750 watts and lack functional pedals, which puts them outside § 312.5 entirely. Since January 1, 2026, a pedal-less electric two-wheeler designed for off-highway use falls under § 436.1 as an "off-highway electric motorcycle" — operable only in designated OHV areas, on federal land, or on private property with permission, and prohibited on streets, sidewalks, bike lanes and bike paths. State Parks guidance confirms these cannot be converted to street-legal status.

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