Foster City E-Bike and E-Scooter Safety

An "electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts (CVC 312.5).

Of the many styles of e-bikes out there, California specifies three types which are described below.

Type 1 e-bike:

• Pedal-assisted.
• Assisted speed maxes out at 20 mph.
• Allowed wherever regular bicycles are allowed.
• No minimum age.
• No driver's license required.
• Helmet required for 17 and under.

Type 2 e-bike:

• Pedal or throttle-assisted.
• Assisted speed maxes out at 20 mph.
• Allowed wherever regular bicycles are allowed.
• No minimum age.
• No driver's license required.
• Helmet required for 17 and under.

Type 3 e-bike:

• Pedal Assist
• Assisted speed maxes out at 28 mph.
• Prohibited from Class l and Class lV bikeways.
• Minimum age 16
• No driver's license required.
• Helmet required for all ages

Any e-bike that assists the rider over 28 mph is not street legal and must stay off roads, sidewalks and multi-use trails and paths.

It is against the law in California to modify or otherwise tamper with electric bicycles in a way that changes the speed capability, unless the rider also changes the bicycle’s classification. Electric bicycles with motors of more than 750 watts, and bicycles with gas motors are technically motorcycles according to the law and require Class M licenses/helmets, registration and insurance.

What to know about passengers on e-bikes:

• Most e-bikes are not equipped to carry passengers. Per CVC, e-bikes can only transport passengers if there is a permanent seat or when using a child safety seat.
• Passengers are required to wear a helmet if they are under 18.
• Type 3 e-bike riders must not transport passengers.

Additional Laws:

California Vehicle Codes Pertaining to E-bikes:

People under 18 years of age must wear a helmet regardless of the type of electric bicycle (CVC 21212).

No person operating a bicycle shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the event that any vehicle may be affected by the movement (CVC 21208(b)).

A operator shall not allow a person riding as a passenger, and a person shall not ride as a passenger, on a bicycle upon a highway other than upon or astride a separate seat attached thereto (CVC 21204(b)). 

• If the passenger is four years of age or younger, or weighs 40 pounds of less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

Foster City Municipal Code 10.68.130- Bicycles on Sidewalks:

10.68.130 Rules of the road.

It is unlawful for any person to ride or operate a bicycle in this city in violation of the following rules of the road:

A.    No person shall ride or operate a bicycle upon any sidewalk unless such sidewalk is officially designated as a bicycle lane.

B.    Any person riding or operating a bicycle upon any sidewalk designated as a bicycle route shall exercise due care and shall yield the right-of-way to all pedestrians.

C.    Any person riding or operating a bicycle upon any street where a bicycle lane or path appropriate to his/her direction of travel is established and officially designated shall ride or operate such bicycle only in such bicycle lane or path or on the sidewalk where otherwise allowed by this code. A “street” is defined as a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of travel.

D.    No person shall operate a vehicle within an established and officially designated bicycle lane or path except when necessary to park where parking is allowed, for purposes of ingress or egress to and from driveways, or for purposes of travel through the intersection of two or more streets.

E.    No person riding or operating a bicycle in this city shall tow any other vehicle or person, except that bicycle trailers used for the delivery of newspapers, magazines or merchandise may be towed when being used in such delivery service.

F.    No person riding or operating a bicycle upon a public highway or street shall participate in any race, speed or endurance contest unless such race or endurance contest has the written permission of the city manager and is being conducted under the supervision of the chief of police.

G.    No person riding or operating a bicycle shall perform or attempt to perform any acrobatic, fancy or stunt riding upon any public highway or street.

H.    No person shall ride or operate a bicycle upon any playground, park or schoolground except on established paths or walkways, unless such riding or operation is expressly permitted under rules and regulations established by the superintendent of recreation, and then only in accordance with such rules and regulations. (Ord. 79 § 1 (part), 1973: prior code § 9-1505)

E-Bike & Bike Safety Tips:

An e-bike, like any regular bicycle, is a vehicle and is required to follow all roadway rules and laws.

• Act like a car, be predictable and visible
• Use hand signals
• Wear bright or reflective clothing
• Look out for other roadway users and never assume they will see you especially at intersections
• Use your bike bell or politely say, "on your left" when passing pedestrians
• Slow down and be alert and aware of your surroundings

MOTORIZED SCOOTERS (E-Scooter)

California Vehicle Codes Pertaining to Motorized Scooters:

Motorized scooter defined in CVC 407.5

(a) A "motorized scooter" is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. This device may also be designed to be powered by human propulsion.  (b) A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter.

• Maximum speed limit is 15 MPH (CVC 22411)
• The operator must have a valid driver’s license or learner’s permit and they cannot be ridden on sidewalks (CVC 21235c).
• Minor’s must wear helmets while operating (CVC 21235b).
• They cannot be operated on a highway with a speed limit in excess of 25 MPH unless operated in a Class 2 or Class 4 bikeway, unless otherwise authorized by local ordinance. 
• On roadways with a speed limit of 25 MPH or less, they must be ridden along the right hand edge of the road/lane (CVC 21228).

Foster City Municipal Code 10.60.110:

It is unlawful for any person operating a motorized scooter, as defined by the California Vehicle Code, to operate the scooter on any levee bike path. Any person violating this section is guilty of an infraction, which shall be punishable under and to the extent of the laws of this state for infractions. (Ord. 510 § 1, 2003)

Foster City is unique, and thus there are a few key differences in where an e-bike/e-scooter can and cannot be ridden.

Public right of way determined by CA Vehicle Code (CVC)

• Bike paths: Type 1 and Type 2 e-bikes are allowed on the Foster City Levee. Type 3 are not allowed.
• Bike lanes: All types are allowed in bike lanes.
• Sharrows (shared roadways): All classifications are allowed in sharrows. Arrow markings painted in roadway indicate a sharrow, where the lane is too narrow for a bicycle and motor vehicle to share the lane safely side-by-side.
• Roadways: Bicyclists/e-bikes have a right to the road even if no sharrow is present.

Levee/Trail access determined by local governments - always be sure to obey posted signage

• Type 1 and 2 e-bikes are allowed on all Foster City trails and paths which indicate bicycles are allowed.

Want to know more about riding locally? Check out this presentation from the Silicon Valley Bicycle Coalition to stay connected.