E-Scooter and E-Bike Resources

Overview

The State of California regulates e-scooters and e-bikes through the California Vehicle Code (CVC), which is enforced locally by the Santa Clara County Sheriff’s Office. For complete details on e-bike and e-scooter laws, the City recommends reviewing the CVC, which is the best resource for state traffic laws.

The California Highway Patrol provides a glossary of definitions for different vehicles. The section below provides general definitions and basic laws governing e-scooters and e-bikes.

General Definitions and Laws

E-Scooter

A motorized scooter that typically consists of two wheels, handlebars, and a standing floorboard.

The same rules of the road that apply to all bicycles also apply to all e-scooters. E-scooters are not permitted to ride on the sidewalk except when exiting or entering their destination. All riders under the age of 18 must wear a helmet.

Rider Requirements

• Users must have a valid driver's license or permit. 
  CVC §21235(d)

• A helmet is required for individuals younger than 18.
  CVC §21212(a)

Where Can You Ride? 

• It is illegal to ride on the sidewalk except for when exiting or entering an adjacent property.
  CVC §21235(g)

• Can use all bike facilities and users are required to use the bike lane if one is available.

Speed Limit

• Maximum speed of 15 mph.
  CVC §22411

E-Bikes

A bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. The CVC defines three classes of electric bicycles based on their top assisted speed and whether the motor assists only while pedaling.

The same rules of the road that apply to traditional bicycles apply to all e-bike classes. Unlike a motorcycle, e-bikes do not need registration, licensing, or insurance. All riders under the age of 18 must wear a helmet.

Class 1

Pedal-assist only (no throttle), with a maximum assisted speed of 20 mph.

• CVC §312.5(a)(1)

Class 2

Throttle-assisted or pedal-assisted, with a maximum speed of 20 mph (with or without pedaling).

• CVC §312.5(a)(2)

Class 1 & Class 2 Rider Requirements

• No minimum age requirement.

• No driver's license or permit requirement.

• A helmet is required for individuals younger than 18.

Where Can You Ride?

• Allowed to use all bike facilities. 

Speed Limit

• Maximum speed of 20 mph for both Class 1 and Class 2 models. 

Class 3

Pedal-assist only (no throttle), with a maximum assisted speed of 28 mph, and must be equipped with a speedometer. Riders must be at least 16 years old, and all riders must wear a helmet. Riders CANNOT use shared-use trails.

• CVC §21213(a)

Rider Requirements

• Must be at least 16 years old to operate.

• No driver's license requirement.

• A helmet must be worn regardless of age.

Where Can You Ride? 

• Allowed on Class II, Class III, and Class IV facilities.

• Biking is prohibited on shared-use trails (Class I).

Speed Limit

• Maximum speed is 28 mph.

Motorized Bicycle/Moped

Any two or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

While commonly marketed as e-bikes, these vehicles can be significantly faster and CANNOT be ridden on trails or separated bike lanes. Riders must wear a DOT-approved helmet when operating. An M1 or M2 driver's license or permit is required, and users must register the vehicle.

Moped Definitions

• CVC §12804.9

• CVC §406

Rider Requirements

• An M1 or M2 driver's license or permit.

• Vehicle registration with DMV.

• A DOT-approved helmet is required for all ages.

Where Can You Ride?

• Must be ridden on Class II or Class III bike lanes. Cannot use separated bike lanes (Class IV) or shared-use trails (Class 1) bike facilities.  

Speed Limit

• Maximum speed is 30 mph.

Question: Do I need a license to ride an e-bike or e-scooter?

Answer: For e-scooters, you must have a valid driver’s license or learner’s permit to operate an e-scooter in California.

Class 1 and Class 2 e-bikes: No license required.
Class 3 e-bikes: Riders must be at least 16, but no license is required.

 According to the California Highway Patrol, "Although there are no age restrictions for class 1 and 2 electric bicycles that operate up to 20 mph, the Consumer Products Safety Commission recommends that between ages 9-12, children should not operate any product that travels faster than 10 mph."

 Question: Is there a speed limit for e-scooters?

Answer: Yes. The maximum speed for e-scooters is 15 mph.

Question: Can e-scooters be ridden on sidewalks?

Answer: No. E-scooters may not be ridden on sidewalks except under certain situations, such as parking a scooter. Additionally, the CVC requires e-scooters to use the bike lane when one is available, with exceptions, such as making a left turn or avoiding debris.  

Question: Do e-scooters have to stop at stop signs?

Answer: Yes. E-scooter riders must follow the same traffic laws as bicyclists, such as:

• Riding in the same direction as traffic

• Using hand signals to indicate turns and stops

• Obeying all traffic signals and signs

Question: Can Cupertino ban the use of e-scooter or e-bikes. 

Answer: The City cannot ban e-bikes or e-scooters from public streets or roadways because state law classifies them as legal vehicles with a right to use the road, just like bicycles. The CVC defines where and how e-bikes and e-scooters can be operated statewide. Cupertino may regulate their use on certain paths, sidewalks, or trails, but cannot pass ordinances that override or contradict the state’s vehicle code.