Highlights
2023
August
“Marin Voice: Officials must learn difference between throttle, pedal-assist e-bikes”
“Did you know that children of any age can ride throttle-operated electric two-wheeled vehicles everywhere while adults cannot legally ride pedal-assist bicycles on fire roads on or near Mount Tamalpais watershed?
“Believe it or not, that is the status quo in Marin County. These inconsistent rules are dangerous for children and unfair to adults. To explain how we got here and how to fix it, I’d like to clear up the confusion over different types of e-bikes.
“Throttle-operated (class 2): Many children ride these around town, causing some consternation and bad press. The fat-tire vehicles are propelled by a simple twist of a motorcycle-like throttle. They look and ride more like small motorcycles or mopeds than bicycles. They are heavy. Some weigh as much as 80 pounds. They might have pedals but there is no need to use them — the throttle alone takes you to top speed.
“To call them a bicycle or e-bike is a marketing ploy and, unfortunately, the California Legislature allows it to happen. As a result, under California law, anyone can ride them — without a license, without any training and without any minimum age requirement.
“To date, these motorized bikes have avoided much scrutiny because their motors supposedly shut off at 20 mph. But many believe that 20 mph is too fast for most children. Worse yet, some manufacturers advertise that customers can easily ‘disable’ the speed limit and exceed 30 mph. Even for more circumspect manufacturers, the internet is full of easy hacks to exceed the speed limitation.”
November
Marin County Health and Human Services Department launches its Bicycle Safety Dashboard.
“The staff reported that nine out of 41 emergency responses to bicycle accidents between Oct. 10 and Nov. 10 involved e-bikes, and noted that 71% of the 911 calls for riders ages 10 to 19 were related to e-bikes. In contrast, only 12% of accidents among riders 20 and older involved e–bikes.
“‘It’s generally a good thing that kids are getting on the bikes, including e-bikes,’ said Dr. Matt Willis, the county’s public health officer. ‘But the concern is that we’re seeing an upward trend in accidents, especially in school-aged kids, and those are almost all related to e-bike use.’
“Willis presented data on bicycle accidents and the new dashboard during a recent teleconference with education and law enforcement officials.
“‘Our data suggests that e-bike safety among young people is our highest priority,’ Willis said at the meeting.”
Quoting Mary Sackett, Marin County Board of Supervisors: “‘When you give a middle school-aged kid a throttle and they don’t have to pedal and they’ve never driven before, they don’t have a more comprehensive understanding of the rules of the road than those of us who have driven and been on an e-bike,’ she said.”
Quoting Gwen Froh of the Marin County Bicycle Coalition, and director of the Safe Routes to School program, referring to throttle devices labeled class 2 e-bikes:“Parents said they’re basically mini-motorcycles and they got hoodwinked into buying one.”
Marin Officials Sound the Alarm on E-bike Risks
2024
February
Sports Basement becomes first retailer to drop Super73 as illegal.
Sports Basement is a major sporting goods retailer in California with 12 stores across the state. In February 2024, it agreed to discontinue selling Super73 based on the CEO’s conclusion that they were illegal. To quote the Chief Operating Officer’s email dated February 15, 2024:
“On Feb 5th, upon reviewing your 2 emails, we had an email discussion with our CEO Eric Prosnitz and we agreed to discontinue selling Super 73 brand. Our CEO in particular agreed with your arguments that these are not bikes.”
March
Central Marin police are sounding the alarm over mounting evidence of youths illegally operating electric motorcycles.
“Different from electric bicycles, which also have been flagged by authorities across Marin for safety reasons, e-motorcycles are being purchased by parents who mistakenly believe they are e-bikes, police said.
“‘In the past three months there has been a large increase in minors illegally riding the electric motorcycles,’ Central Marin police Chief Michael Norton said.
“A public education effort is underway geared toward parents to help the public understand the difference between the two electric devices. Norton said the department has issued a number of citations and towed some vehicles. The number of citations issued was not immediately available. Criminal enforcement action has not been taken, Norton said.”
Marin Police Issue Warning on E-Motorcycles
Note: The article was mistaken in saying that the main difference between a throttle e-bike and e-motorcycle was presence of “foot pegs” instead of pedals. As Chief Norton later correctly noted, the main difference is that the motor on a throttle e-bike must be smaller than 750 watts and not capable of providing assistance when the vehicle reaches 20 mph.
Mittelstaedt “Voice” calling out Super73 as illegal
Marin Voice: County Should Reclassify Electric Throttle Powdered Bikes
“The first thing to remember is the two very different types: the pedal-assist variety popular with the over-65 crowd (enabling exercise and enjoyment of nature on Mount Tamalpais) and the moped-like variety with a throttle. The latter doesn’t require pedaling and is favored by some youths for riding on streets.
“There is a growing awareness that the most popular ones, like those created by the Super73 brand, should not be called e-bikes at all, despite their label. Some have top speeds exceeding the 20 mph limit for throttle e-bikes.
“According to its website, Super73 products can ‘effortlessly reach 20 mph and reach a peak speed of 28 mph. … You don’t have to pedal to access your electric motor’s power. All you need to do is add a little pressure to the throttle with your thumb. … It’s like riding an electric motorcycle.’
“I think the company is intentionally deceptive. I have seen factory stickers on its throttle-assist vehicles saying they are class 2, even though they do not qualify. Many experts agree they are misleadingly sold to the public as class 2 e-bikes. They are not. Even Super73’s website now admits that they cannot be ridden by children under 16.”
Safe Routes to Schools Calls Out Super73 as Illegal
“IMPORTANT E-BIKE LAWS VETTED BY INDUSTRY LAWYERS
(March 12, 2024)
“Any throttle motor that can be switched to go speeds beyond 20 mph on motor power alone, is considered “out of class” – it is not an e-bike, it is a motor vehicle and requires a student to be at least 16 years old with a driver’s license and registration. (Same as e-scooters). “Under the guidance of our insurers and legal counsel, there are many brands (e.g. Super73, Surron) that fall into the “out-of-class” category that can no longer be accepted in classes."
https://www.saferoutestoschools.org/
Marin County Bicycle Coalition Calls Out Super73 as Illegal
“UPDATE March 1, 2024: MCBC is unable to accept any device with the capability of operating ‘out-of-class’. These devices are not considered an e-bike, and fall into the category of a motor vehicle. Any product that is capable of reaching speeds greater than 20 mph on motor assistance alone will not be accepted in class. The Super73’s are incredibly common in Marin, and unfortunately most of their models fall into the ‘out-of-class’ category that we can no longer accept in our classes.”
https://marinbike.org/our-programs/road-advocacy/e-bike-smart-marin/
MCBC also identified Super73 as an illegal device in its website “buyer’s guide:”
“A FEW BRANDS WE DON’T LOVE*
Super73
Sur-Ron
Ride1Up
Samebike
Macfox
Juiced Bikes
“*Some or all models these brands sell are not e-bikes under the vehicle code (due to overpowered motors), and are thus illegal on Marin’s trails and paths. Read on to learn more about e-bike definitions and legalities.”
April
Tam Union High School District Board of Trustees meeting: Chief Norton calls out Super73 as illegal.
“[A]lmost half the bikes we're seeing in schools that are e-bikes are this brand . . .” “[T]hey’re not e-bikes legally, because any motor that can output more than 750 watts is outside of that classification [and] because they also have the ability to use the throttle to go in excess of 20 miles an hour.”
Because Super73s and similar devices were “deceivingly” marketed, “I feel bad for the parents who spent all this money. But it’s just something we’re going to have to educate them on — that their kids aren’t going to be able to ride those anymore.” Chief Norton added that he was asking the District Attorney’s Office to review for “consumer fraud.”
Marin County Civil Grand Jury issues report on throttle e-bikes.
Our commentary on the Report:
The Report focuses on throttle electric two-wheelers that the manufacturers sell as “class 2 e-bikes.” Of the three classes of e-bikes, class 2 is for those with a throttle. They are legal only if their motors are less than 750 watts and not capable of working above 20 mph. There is no minimum age requirement for legitimate class 2 e-bikes.
If their motors exceed those limits, they are considered motorcycles, mopeds or other types of motor vehicles. And they are subject to minimum age, licensing, registration, insurance, safety equipment and other traffic laws that do not apply to bicycles.
Unfortunately, “some young riders are operating e-bikes that have multiple power modes . . . that make them illegal.” (Report, p. 1). A prime example is the Super73 brand, which is “incredibly common” in Marin. It has advertised top speeds almost 50% higher than the class 2 limit of 20 mph.
The throttle feature on all these devices allows the rider to “accelerate quickly with no pedaling at all” (Report, p. 2) and to sustain top speed without pedaling. This makes them especially popular with children who are too young for a driver’s license.
Based on this age group’s accident data, which Assembly Member Damon Connolly aptly described as “shocking,” the Report finds that children under 16 riding these devices “pose a significant risk” to themselves and others.
The Report outlines the challenges faced by law enforcement officers in enforcing the current bicycle/motorcycle laws. Although it questions the role of schools, a partnership of school/law enforcement agency partnership is the most promising way to address the problem in our experience. The collaboration of Tam Union High School District and the Central Marin Police Authority is a good example as is the County Department of Education’s School/Law Enforcement Partnership (SLEP).
The Report recommends that the Board of Supervisors and each municipality in Marin require that riders of class 2 e-bikes must be at least 16 and that they and passengers must wear helmets. Nothing is offered on how any new law would be enforced. The Report also recommends a joint task force to coordinate county-wide regulations on e-bike usage and that the Board of Supervisors explore additional funding for e-bike safety education.
E-Bike Access enthusiastically supports the report’s findings and recommendations, with the clarifications and additions discussed below.
May
Hearing before the federal Consumer Product Safety Commission. Testifiers from Marin County are AssemblyMember Damon Connolly; Supervisor Mary Sackett; County Health Officer Dr. Matt Willis; and “activist” Bob Mittelstaedt.
“Bob Mittelstaedt, co-founder of the Marin nonprofit E-bike Access, raised concerns about manufacturers that market throttle vehicles as class 2 e-bikes but provide means such as an app that enable riders to travel faster than the class’s 20 mph limit.
“He argued that state and federal laws should categorize e-bikes as only being pedal-assisted.
“‘A 10-year-old can stay at top speed with nothing but the press of a thumb,’ Mittelstaedt said about throttle-assisted e-bikes.”
Marin Panelists to Federal Regulators Strengthen E-Bike Laws
Dr. John Maa, Marin Health Trauma Surgeon, “Voice” article:
“In our Trauma Center, the injury pattern after e-bike crashes is more similar to motorcycle crash victims than pedal-bike crash victims. Riders in e-bike crashes were more likely to require hospital admission than those injured from a regular bicycle, with an order of magnitude higher risk of death.”
July
Support for AB 1778 — comment to Larkspur City Council
On behalf of E-Bike Access (Marin's non-profit devoted to promoting access for safe and legal e-bikes), I submit these comments on the staff's draft response to the Grand Jury report.
The staff proposes to respond to the Grand Jury that a minimum age ordinance for throttle e-bikes “will not be implemented because it is not warranted.” For the reason outlined here, the response to R1 should be changed to “will be implemented when AB 1778 is enacted and provides authority to do so.”
The staff also proposes rejecting the recommendation of a county-wide task force to coordinate e-bike regulations. Instead of an inclusive task force of representatives from public health, schools, law enforcement and bicycle experts, the staff says an informal, non-public committee of the Police Chiefs Association is sufficient. No good reason is offered for that conclusion. The response to R2-3 should be changed to “will be implemented as soon as other municipalities and the County agree.”
We also request that, in addition to endorsing the grand jury’s recommendations, the Council should agendize the broader issue on enforcement efforts of existing laws against Super73s and other over-powered throttle devices. Presentations by school and police officials on the need for and status of bike registration programs would be useful to the Council and the public.
Minimum Age Ordinance T
he staff agrees with the Grand Jury finding that throttle e-bikes ridden by children under 16 “poses a significant risk to the safety” of riders, passengers and pedestrians. But it rejects the solution proposed by the Grand Jury and offers no solution of its own. The two reasons offered by the staff are mistaken.
1) It claims that, as dangerous as throttle e-bikes are, they are no more dangerous than pedal-assist ebikes. That is simply wrong. As Board of Supervisor President Dennis Rodoni wrote in sponsoring and supporting AB 1778: “Class 2 e-bikes operated with a throttle . . . have significantly higher rates of serious injuries for riders; especially for riders under 16 who may not be well-versed in the rules of the road.” This is borne out by Safe Routes to Schools surveys and Marin HHS accident data. Together, they show that two-thirds of the e-bikes at Marin middle schools have throttles, and two-thirds of those were overpowered and illegal, with Super73 as the most prevalent brand. Hall Middle School is no exception, with at least 14 Super73s. And the middle schoolers, with throttle e-bikes as their ride of choice, have an accident rate that is 500% higher than other age groups. But even if throttle and pedal-assist e-bikes were equally dangerous, it would be no reason to refuse to exercise the authority provided under AB 1778 which is focused on throttle e-bikes. It's better to address part of the problem than none of it.
2) The staff is correct that many throttle devices labeled as class 2 e-bikes are actually motorcycles and cannot be ridden without a driver’s license, DMV registration, etc. That’s a point we have been pressing for months, calling for enforcement of existing laws to get those illegal devices off our streets and out of our schools. But it's not a reason to reject the minimum age ordinance.
Chief Norton has been a leader and ally in our effort to address illegal, mislabeled class 2 ebikes like Super73s. In April, he became the first local police chief to publicly identify the popular Super73 brand as illegal. “[T]hey're not e-bikes, because they . . . have the ability to use the throttle to go in excess of 20 miles an hour. And a true e-bike class two, the throttle will shut off at 20 miles an hour.” He vowed that “kids aren’t going to be able to ride those anymore.” Achieving that goal, however, has proved elusive.
As Chief Norton is the first to admit, enforcing the existing law against over-powered throttle devices with class 2 labels is difficult. What the staff overlooks is that the minimum age ordinance will apply to all devices with a class 2 e-bike label, legal and illegal ones alike. It will provide a much needed and more effective enforcement tool. And it will discourage parents from buying any throttle device for children under 16.
Having affixed a class 2 label to its devices, Super73 can escape the minimum age ordinance only by admitting that its devices are actually motorcycles. But that would trigger the driver’s license and DMV registration requirements. So it is stuck either way.
In short, we agree with Chief Norton that illegal class 2 e-bikes are a “primary” issue. But that is not a reason to reject a minimum age requirement. Just the opposite. It is a powerful reason to adopt the ordinance. It will provide a much-needed additional enforcement tool. Rather than needing to figure out which throttle bikes are legal or illegal due to motor size and capability, parents will know that their children cannot ride any throttle e-bike or motorcycle until they are 16. And working with the police, schools will be able to ban anything with a class 2 label for underaged children, again without sorting off which are overpowered. We have asked Chief Norton to consider this important, overlooked angle and to support a minimum age ordinance. In any event, we hope that the Council will find this reasoning sufficient to accept the Grand Jury’s recommendation and to exercise the authority that AB 1778 will soon provide.
How did we get here?
If more is needed to persuade the Council to change the staff’s recommendation to “will be implemented," please consider the following bigger picture.
Nine months ago, a 15 year old local student named Amelia Stafford crashed on her class 2, throttle e-bike. She suffered a serious life-threatening head injury requiring emergency surgery, with six weeks in the ICU and three months in the hospital. (https://www.marinij.com/2024/05/03/marin-voice-e-bike-legislationreduces-risks-protects-youth-and-enhances-street-safety/;https://www.marinij.com/2024/06/01/marin-teentestifies-on-e-bike-safety-before-state-senators/) Her crash led Mary Sackett and Damon Connolly to collaborate on AB 1778 to extend to class 2 e-bikes the same minimum age of 16 that already exists for class 3 pedal-assist e-bikes. The Assembly passed the bill, unanimously. After Ms. Stafford testified about her experience, the Senate Transportation Committee approved the bill, again unanimously. The Senate is expected to pass it within a month, with the Governor to sign it promptly. It is supported by both sides of the aisle, as the IJ reported. “‘This really seems like something that is so straightforward and what we need to do,’ said Sen. Bill Dodd, a Napa Democrat. ‘This is a great step forward.’ “Sen. Roger Niello, a Sacramento County Republican, expressed support for the bill. ‘It is important to treat underage kids with class 2 the same way we do with class 3,’ Niello said.”
Ms. Stafford’s crash also led Dr. Matt Willis, Marin’s public health director, to track and publish data on 911 calls for bicycle crashes, broken down by age of the victim and whether it was a conventional or electric bicycle. From those data and from Safe Routes to Schools’ bicycle census at local middle schools, we now know that the vast majority of e-bikes by ridden youth aged 10-15 are labeled class 2 e-bike, and their accident rate is 500% higher than other age groups. In short, throttle e-bikes are particularly dangerous for 10-15 year olds.
The leading medical associations supported the call for a minimum age of 16 for throttle e-bikes, including American College of Surgeons California Chapters, the San Francisco Marin Medical Society, the California Medical Association and the Marin Healthcare District Board of Directors. Dr. Matt Willis (Marin’s public health director) also supports it: “AB 1778 won’t eliminate risk, but it would go a long way to protect kids from the kind of injuries Amelia experienced.” The Civil Grand Jury also recommends enacting the local ordinances for class 2 e-bikes, explaining why they are more dangerous than pedal-assist e-bikes. “These e-bikes can achieve rapid acceleration without pedaling, unlike class 1 and class 3 e-bikes.” By contrast, pedaling results in a slower, more gradual acceleration. Throttle e-bikes also maintain their top speed for much longer, because no pedaling is required, just a little thumb pressure on a throttle lever. And the risk of injury is “compounded by the fact that . . ., for many models of class 2 e-bikes, a simple adjustment can override” the 20 mph limit.” Indeed, using the Super73 app to shift into the “unlimited” mode and go 30-35 mph (in 10 or so seconds) is as easy as changing the volume on an iPhone.
Note, finally, that children under 16 will still be able to ride traditional bicycles and the class 1 pedal-assist e-bikes. Those e-bikes are powerful enough for an old guy like me to get up the steepest street, fire road or trail in Marin. It's more than enough for any child. Agendize the Issue of Enforcement of Current Laws Against Illegal Class 2 e-bikes.
In addition to adopting the Grand Jury recommendations, we request that the Council agendize for an August meeting the topic of enforcing current laws against the illegal overpowered devices with class 2 ebike labels. We and others have suggested school registration programs that screen out the illegal devices, and preventing retailers from selling illegal devices to underaged children. We are working with other school districts and councils on these approaches, which as noted will be facilitated by a minimum age ordinance. We submit that this Council and the interested parties would benefit from an open discussion of this topic, with presentations by public health, school, law enforcement and community representatives.
October
Central Marin Police Chief Michael Norton to School Parents:
“I am writing you today because recently we have seen an uptick in illegal e-bikes and e-scooters being parked in Piper Park by Hall Middle School students during the school week. We are assuming that these illegal e-bikes and e-scooters are being parked in the park due to the fact they are unable to be registered and parked on Hall Middle School grounds.
Per Larkspur’s Municipal Code, only legal bicycles may be parked in Piper Park in designated areas. Not only can illegal e-bikes and e-scooters not be parked in Piper park, but due to State law they also cannot be ridden to and from school on streets, sidewalks, or pathways by Middle School students. These illegal vehicles may also not be parked or left on any other public areas, such as sidewalks or streets in our city. I am strongly encouraging parents to stop allowing your students to continue to ride illegal e-bikes and e-scooters to school.
The Central Marin Police Authority is working with the school to further prohibit students from riding to and from school on these vehicles. As a police agency, we do not want your child’s first interaction with a police officer to be a negative one wherein they receive a ticket and get their illegal e-bike or e-scooter seized or towed. I am imploring you, as parents, to be a good example for your children and not allow them to continue to break the law in this manner. We will begin strict enforcement as necessary starting next week on this issue.”
2025
April
Belvedere City Council Meeting
Presentation by Talia Smith, Marin County Legislative Affairs, on AB 1778 and minimum age ordinance for Class 2 throttle e-bikes.
Public comment by Bob Mittelstaedt for E-Bike Access, 1 hour mark in video.
June
“Important Update: E-Bike Age Restrictions in Marin County (Effective July 1, 2025)” — issued by Central Marin Police Authority
. . .
Class 1 e-bikes (pedal-assist only, max 20 mph):
No minimum age under California law. Helmets required if under 18.
Class 2 e-bikes (throttle-powered, max 20 mph):
Starting July 1, 2025, it will be illegal for anyone under 16 to operate a Class 2 e-bike in Marin County.
Class 3 e-bikes (pedal-assist only, up to 28 mph):
Riders must be 16 or older and wear a helmet.
Schools may also set additional restrictions for student use.
Additonally, please see the "E-Bikers Pledge" from https://www.marincounty.gov/your-government/e-bikersclub
Click here to sign the pledge! https://www.marincounty.gov/your-government/e-bikersclub/e-bikers-club-pledge
. . .
As e-bike use continues among students and families in our community, it’s important that everyone understands the new e-bike laws and school-specific policies going into effect this summer. These changes are part of California Assembly Bill 1778 (AB 1778) and new Marin County guidelines aimed at improving safety and reducing injuries on our roads and campuses.
What’s Changing – Key Laws and Requirements
Minimum Age:
In Marin County, riders must be 16 or older to use Class 2 (throttle-powered) or Class 3 (high-speed pedal-assist) e-bikes.
E-Bike Class Overview:
Class 1 e-bikes are pedal-assist only and can go up to 20 mph. These are legal for all ages.
Class 2 e-bikes have a throttle (no pedaling required) and also max out at 20 mph. These are only legal for riders 16 and older.
Class 3 e-bikes are pedal-assist only, but can reach speeds up to 28 mph. These are only legal for riders 16 and older, helmets are required, and they are not allowed on most bike paths.
Legal E-Bikes Must:
Have working pedals
Be equipped with a motor no greater than 750 watts
We encourage all riders—especially youth—to gain experience on traditional bicycles before transitioning to e-bikes. These bikes are faster, heavier, and require advanced balance, judgment, and awareness to ride safely.
School Campus Guidelines – Fall 2025
To protect students and staff, Marin County schools will begin enforcing the following rules on-campus and for school commutes this fall:
Elementary and Middle School Students may ride Class 1 e-bikes and regular bicycles.
Class 2 and Class 3 e-bikes are not allowed at elementary or middle schools.
High School Students may ride any legal e-bike, including Class 2 and Class 3, if they are 16 or older.
Illegal e-bikes, including those with motors over 750 watts or throttle-powered bikes without pedals are not allowed at any school level.
E-Bikers Club Pledge
I pledge to always wear a helmet and stay focused and alert while riding.
I will follow all traffic laws and be mindful of others on the road.
I will only ride the e-bike I'm legally allowed to (Class 2 & 3 are for ages 16+).
I will keep my e-bike’s speed settings legal—no tampering.
I always wear a buckled helmet.
I ride predictably and follow traffic laws, including speed limits.
I give people plenty of space—on foot, in cars, or on bikes.
If my bike is made for one, I ride solo.
I stay alert and ride focused—no distractions.
We want to emphasize that we will continue to work closely with schools to keep illegal e-bikes off campus and prevent them from being ridden to and from school. Safety education and awareness efforts will remain a shared priority between CMPA and school leadership.
A Message to Families
Please ensure your child rides a bike that is safe, legal, and age-appropriate. We strongly support cycling as a healthy, sustainable way for students to get to school, but safety must come first. Parents and guardians play a critical role in helping kids understand and follow the rules.
Tools and Resources
To help families and schools adjust to these new standards, we recommend visiting E-BikersClub.com, where you’ll find:
E-bike safety tips
Legal updates
School-specific guidance
Resources for parents and students
Our Approach
The Central Marin Police Authority is committed to an education-first approach. Our goal is to keep everyone safe—not just issue citations—but enforcement, including citations, will be carried out if necessary.
You’ll see officers:
Working with schools
Visiting campuses
Engaging with riders to promote awareness and accountability
Let’s work together to keep Central Marin rolling safely—on two wheels and with community spirit.
Ride smart. Ride safe.
Respectfully,
Sergeant Jeff Peterson, PIO
Central Marin Police Authority
California Legislative Action
2015: California enacts AB 1096, treating three classes of e-bikes as bicycles instead of motor vehicles.
Class 1: pedal assist, motors no larger than 750 watts or capable of working above 20 mph
Class 2: throttle and pedal assist, motor no larger than 750 watts or capable of working above 20 mph
Class 3: same as Class 1 except top speed for motor is 28 mph instead of 20 mph.
2023-24: Legislature considers several bills on e-bikes:
SB1271: regulates batteries and clarifies that “multi-class” devices are not legal e-bikes
AB1778: allows Marin County and its municipalities to enact ordinances extending Class 3 minimum age requirement of 16 years of age to Class 2 throttle e-bikes.
The California Senate Transportation Committee legislative analyst also recently recognized that devices like Super73s are illegal. In analyzing SB 1271 which would have legalized "multi-class" or "switchable bikes" if limited to the three existing classes, he wrote:
"Switchable bikes. Some manufacturers have been developing bicycles that are able to “switch” between modes, moving from a slower throttle mode (class 2), to a faster pedal assist mode (class 3). Such devices, technically, are not e-bikes. They are not class 3 e-bikes because their motor is capable of providing assistance even when the bicycle is not pedaling. They are not class 2 e-bikes because the motor is capable of providing assistance at speeds above 20 mph. As such they do not actually meet the legal definition of an e-bike and instead are motorized bicycles.”
https://digitaldemocracy.calmatters.org/bills/ca_202320240sb1271?slug=CA_202320240SB1271
A variety of motorized devices marketed as electric bicycles have entered the marketplace that are capable of achieving speeds much greater than what is permitted by law. One such motorized device is the Super 73, which has an “off-road mode” that is capable of achieving speeds greater than 28 mph using throttle assist.”
https://digitaldemocracy.calmatters.org/bills/ca_202320240sb1271?slug=CA_202320240SB1271