AB 1774 would prohibit a person from selling a product or device that can modify the speed of an e-bike.
I’ve been tracking this bill since it was first proposed, and the author never got back to me on exactly what is within the scope of the bill. The relevant part of the bill reads:
(e) A person shall not sell a product or device that can modify the speed capability of an electric bicycle such that it no longer meets the definition of an electric bicycle under subdivision (a) of Section 312.5.
For example, would a generic serial programmer device fall within the definition of such a “product or device”? How about software that is used with that device to modify the top speed of a specific ebike model? Common sense would say “no” to the first, and “maybe?” to the second.
But we can look to the author’s own comments before the Assembly Transportation Committee:
According to the author, “AB 1774 will ban the sale of electric bicycle (e-bike) speed modification devices (i.e. tuning kits) in California. These devices modify e-bikes far beyond the legal definition of an e-bike in State Vehicle Code.
But the committee staff already see the obvious flaw:
While this bill would prohibit the sale of devices that allow an e-bike to go beyond the speed permitted by law, many e-bikes can be modified to bypass the speed limiter by reprogramming the bicycle. The limiter can be tricked by changing the tire size on the panel on the bicycle. Other e-bikes, like the Super 73, allow you to change the speed of the bicycle using an app that comes with the e-bike.
I would hazard a guess that ebikes manufacturers might start to do the same trick that e-motorbikes do, which is a wire that – if severed by the owner – would disable the speed governor.
As is somewhat typical now in the Legislature, these bills written against ebikes tend to come from SoCal, ostensibly because ebikes are an exceedingly popular alternative to driving on congested roads. What bothers me is that these representatives are not taking in the whole reality, which the committee staff report kindly summarized:
- Ebikes are outselling electric automobiles in the USA, by double digit percentages
- Ebike injuries are up, although the LA Times reported it as the low three digits in a 2023 article
- The best way to increase safety for all cyclists is through sheer numbers: more cyclists
Given that reality, legislative effort apparently isn’t following evidence but rather towards clumsy distractions that emulate a “tough on ebike” stance, as bizarre as that sounds.
At this point, the bill has already passed the Senate and the Assembly, so it’ll soon head to the governor’s desk, as is the norm around June of even-numbered years.
If you are a California constituent who cares about bicycle and ebike legislation, I would encourage you to sign up for Calbike’s email updates on impending legislation of great significance to bicycling in this state. This bill is fairly minor, but who’s to say something more momentous won’t come next year?
Likewise, if your region has its own bicycle advocacy group (eg San Francisco Bicycle Coalition, Sacramento Area Bicycle Advocates, BikeSD), get updates from them too.
Today’s ebikes have only been legalized since 2016, so what is advocated for now will set the tone for decades to come.
Ebike software allows for the modification of ebike speeds. Unless in Cali it isn’t like that.
