Several Assembly and Senate Bills were approved last year that go into effect in 2023 that impact mobility. Some of these new rules represent a revolutionary change in the way California treats bicyclists. Until now, the California Vehicle Code (CVC) has generally treated bikes as cars. Bicyclists were required to cross intersections with cars. Cars are required to be registered with the state and bicyclists were required to register with cities. Electric bicycles (e-bikes), like cars, were banned from some bikeways. The OmniBike Bill recognizes that bikes are not cars and acknowledges that forcing bike riders to behave like auto drivers (a practice known as vehicular cycling) targets aggressive bike riders and disincentivizes less experienced bike users.

Some of the new laws change the way e-bikes are regulated in California. In 2021, more people bought electric bikes than electric cars in the U.S., and sales do not appear to be slowing down. CVC 231 now states that an "electric bicycle is a bicycle" and therefore not a motor vehicle. This determination that an e-bike is not a motorized vehicle is an important distinction because CVC section 21209(a) stipulates that “no person shall drive a motor vehicle in a bicycle lane….” CVC section 312.5 defines an electric bicycle as a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts (1 horsepower) that also falls into one of the following 3 classes:

• Class 1 (low-speed pedal-assisted electric bicycle): a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

• Class 2 (low-speed throttle-assisted electric bicycle): 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.

• Class 3 (speed pedal-assisted electric bicycle): a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and is equipped with a speedometer.

All other motorized vehicles that do not meet the definition of an e-bike (e.g., scooters, mopeds) must follow the laws established for automobile use, including insurance and registration. Pedicabs can be considered electric bicycles, but CVC Section 21215.5 allows a local authority to impose more stringent operating or equipment requirements on a pedicab.

Assembly Bill 1909 (OmniBike Bill)

Governor Gavin Newsom signed Assembly Bill 1909 into law on September 16, 2022 (attachment 1). AB 1909 is referred to as the OmniBike Bill because it is an omnibus bill combining several provisions. It makes changes to the CVC to recognize that car rules do not always work for bikes. The following are ways the OmniBike Bill will increase bike access and legalize safe bike riding:

1. Creates a margin of safety: In 2013, California passed a 3-foot passing rule which has proven difficult to enforce due to the challenge of measuring the distance between two moving objects. Someone on the driver’s side of a car may have difficulty estimating a 3-foot distance on the opposite side of their vehicle. The OmniBike Bill changes CVC section 21760 to require people driving cars to pass a bike the same way they would a car, by going into the next lane, wherever possible.

2. Improves access for e-bikes: The CVC previously prohibited the operation of a motorized bicycle (e.g., mopeds) or a class 3 electric bicycle on all bicycle paths or trails, bikeways, bicycle lanes, equestrian trails, or hiking or recreational trails. The CVC previously allowed a local authority to additionally prohibit the operation of class 1 and class 2 electric bicycles on any of these facilities. The OmniBike Bill removed the universal prohibition of class 3 electric bicycles on all of these facilities, but CVC 21208.5 allows a local authority that so desires to establish an ordinance to prohibit the operation of a class 3 electric bicycle on any of these facilities. The new law allows a local authority that so desires to prohibit any class of electric bicycle on an equestrian trail, or hiking trail, or recreational trail. A person using any class of e-bike is now allowed to bike anywhere a bike is allowed, unless a sign is posted that specifically prohibits that e-bike class from using that facility. A local authority must adopt an ordinance before prohibiting a class 3 electric bike on a specific bike path, lane, trail, or bikeway. A local authority must take action before prohibiting class 1, 2 or 3 electric bikes from a specific equestrian, hiking or recreation trail.

3. Walk signals are for bikes: Many intersections have advance walk signals for pedestrians (also referred as a leading pedestrian interval, or LPI), a safety measure that allows pedestrians to start crossing the street 3 to 7 seconds before cars are allowed to move. This allows pedestrians to be more visible to turning vehicles by giving them a head start to claim their space on the street before conflicting vehicles enter the intersection. The OmniBike Bill changed CVC section 21456 to make it legal for people on bikes to start crossing the street with the pedestrian signal rather than waiting for the light to turn green for cars. Assembly Bill 2264 (attachment 2) is connected to the Omnibike Bill and requires advance walk signals at intersections managed by Caltrans, except when prohibited by the California Manual on Uniform Traffic Control Devices. This requirement only applies to Caltrans signals, but other California agencies are likely to gradually implement advance walk signals.

4. No more bicycle licensing ordinances: Many California cities have ordinances requiring people to register or get a license for their bikes. That led to many bicyclists riding illegally unaware of the licensing law. It is believed that police may have used this law to selectively target certain bike riders and may have led to other biased law enforcement. The OmniBike Bill changed CVC section 39003 to ban municipalities from prohibiting the operation of an unlicensed bike, though they can still offer voluntary licensing programs.

5. Mid-Block Crossing is allowed: The OmniBike Bill includes a provision tied to Assembly Bill 2147 (attachment 3) which prevents police from stopping pedestrians or ticketing people for crossing the street outside of a crosswalk (i.e., "jaywalking") when they make a safe midblock crossing, but it does allow for tickets to be issued for unsafe mid-block street crossings where there is an immediate danger of a crash.

Other relevant bills include (see web attachments):

Assembly Bill 1946

This bill requires the California Highway Patrol (CHP) to work with other traffic safety stakeholders such as the California Office of Traffic Safety, to develop statewide safety and training programs for electric bicycles. This training program is scheduled to launch on the CHP's website in September 2023 and is expected to consist of electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles.

Assembly Bill 2000

This bill includes parking lots and off-street parking facilities as locations where it is a crime to engage in speed contests, exhibitions of speed, or sideshow activities.

Assembly Bill 1732

This bill authorizes law enforcement agencies to request the CHP to activate a “Yellow Alert” for fatal hit-and-run crashes and encourages local media to disseminate the information contained in a Yellow Alert.

Senate Bill 1472

This bill expands the criteria for “gross negligence” as it relates to the crime of vehicular manslaughter. Drivers involved in sideshow activity, exhibition of speed, or speeding over 100 mph resulting in a fatality can now be charged with vehicular manslaughter with gross negligence.

• Assembly Bill 1946
•  Assembly Bill 2000
• Assembly Bill 1732
• Senate Bill 1472