A bill on e-bike safety authored by Assemblymember Tasha Boerner (D-Encinitas) has been signed into law by Gov. Gavin Newsom.

The new legislation, AB 2234, establishes an opt-in program for cities in the County of San Diego. The bill does the following:

– Prohibits children under 12 from riding a class 1 or 2 e-bike.

– Requires, before the purchase of an e-bike, an online written test and a state-issued photo identification for those without a valid driver’s license.

– Establishes local diversion and community service programs as a more equitable alternative to ticketing riders without a valid driver’s license or state-issued photo identification.

“E-bikes are an amazing way for our kids to get around, but they need to be at an age where they can ride defensively and correctly navigate through large streets, intersections, cars, and pedestrians,” said Boerner, whose 77th Assembly District includes La Jolla and Pacific Beach. “The data shows that kids on e-bikes under 12 have the greatest number of accidents and risk of severe injuries.”

According to the National Electronic Injury Surveillance System, there were 3,945 e-bike injuries between 2011 and 2020. The e-bike injuries increased over time during the study period, with the 10-13 age group making up 44% of those injuries.

“As a mother and someone who has worked on this issue area for several years, kids need to know the rules of the road and have the maturity to navigate their e-bike,” noted Boerner. “The best way to keep our children safe is to keep them on a traditional bike until they are age 12. We need to protect our kids when they are on the streets, and AB 2234 will do just that.”

But some residents, like Bill Zent of Pacific Beach, believe Boerner’s bill is redundant in some respects and doesn’t go far enough in promoting youth e-bike safety. “The problem with her bill is it targets 12-year-olds, when it is not even legal to ride these (e-bikes) at age 12,” Zent said adding, “The City has liability here if an (e-bike) accident happens whether it involves a car or pedestrian. The failure of SDPD to enforce existing DMV laws is creating a dangerous situation.”

Responding to a query by Zent about e-bike laws and enforcement, SDPD Traffic Division community relations officer Rob Burlison said: “The current e-bike issues are a hot topic across the entire state and agencies have gathered to brainstorm ways of dealing with this issue. There are several (e-bike) types and they each have their own set of rules. All of them (e-bikes) are allowed on the roadway under certain conditions (21235 CVC).”

Added Burlison: “San Diego Police have been sending out units to address these e-bike issues using grant money. The issue has become a huge concern and I believe change is coming statewide. What that change will be we have no idea yet. It may involve the possible registering and testing of riders. The registering is important because a majority of these motor-driven cycles are not even street legal, and are for off-road use only.”

Zent noted there is a distinct legal difference between e-bikes ridden by young riders and e-mopeds driven by adults. He pointed out DMV guidelines limit e-bikes to 15 mph and require them to be used only off-road and in bike paths not on sidewalks. E-mopeds, however, can exceed 15 mph, but riders are required to be at least 18 years old and have a license, helmet, and insurance.

“We have a significant number of young people riding e-mopeds with none of the above being complied with including stopping at lights, and not being on the sidewalk doing 30 mph,” argued Zent who concluded, “Putting the equivalent of an electric motorcycle in the hands of children is reckless child endangerment.”

Zent offered his solution to e-bike youth safety. His proposed solution entails:

• Conducting e-bike pop-ups at schools is not unlike DUI checkpoints, which would only take a few officers a couple of hours to perform.
• When children arrive on an e-bike and are not wearing helmets, or have more than one person on a bike, or are not age 16, they are then escorted by a school employee to the cafeteria.
• The school calls the parents and requests they come down to meet the officers and pick up the bike.
• They (students) get a warning citation and discussion.
• Officers should check to see if the bike is street legal (most do not have brake lights or turn signals). You should give a citation if they are not street legal, not a fix-it ticket.
• Such e-bike checks would be done unannounced and periodically.