How California Plans to Protect Consumers From Electric Motorcycles Marketed as E-Bikes

Legislative Status

Senate Bill 1167 (SB 1167) was introduced by Senator Catherine Blakespear on February 18, 2026, and is co-sponsored by CalBike, PeopleForBikes, Streets For All, and Streets Are For Everyone.

The bill has been amended several times as it moved through the Senate and Assembly. At the time of publication, SB 1167 has passed the Assembly Transportation Committee and is awaiting consideration by the Assembly Appropriations Committee. If approved by the Legislature and signed by the Governor, it would become California law.

Do You Know the Difference between an E-bike and an E-Moto?

If you knew you were buying your child an electric motorcycle that required a driver's license, registration, and insurance, would you still buy it? Probably not.

So why are so many children and teenagers riding these vehicles?

Many parents simply don't realize what they're buying.

Some higher-powered electric motorcycles are marketed and sold as "e-bikes," creating confusion about whether they are legal electric bicycles under California law.

That's the problem Senate Bill 1167 aims to address.

Rather than placing new restrictions on legal e-bike riders, the proposed bill would strengthen consumer protections by holding manufacturers, importers, distributors, retailers, and online sellers accountable for how these vehicles are advertised, labeled, and sold.

The goal is to help consumers know exactly what they're buying and preserve California's legal three-class e-bike system.

Let's look at what Senate Bill 1167 would do.

How SB 1167 Would Address Deceptive E-Bike Marketing

This is not the first bill to attempt to regulate and define electric bicycles and electric motorcycles. Earlier in 2026, AB 1942 proposed requiring registration and license plates for many Class 2 and Class 3 e-bikes, but the bill failed to advance after drawing strong opposition, with opponents arguing that lawmakers should focus on illegal e-motos rather than lawful e-bike riders.

In this article, "e-moto" refers to higher-powered electric motorcycles that do not meet California's legal definition of an electric bicycle.

SB 1167 reflects that more targeted approach. Instead of placing new requirements on legal e-bike owners, the proposed legislation aims to preserve the benefits of electric bicycles while strengthening consumer protections, clarifying vehicle classifications, and holding companies accountable for deceptively marketing higher-powered electric motorcycles as e-bikes.

1. Expands the Definition of Vehicles That Cannot Be Marketed as E-Bikes

SB 1167 expands the list of vehicles that cannot legally be advertised, sold, offered for sale, or labeled as electric bicycles. In addition to existing restrictions, the bill would include motor-driven cycles, mopeds, off-highway electric motorcycles, pocket bikes, recreational off-highway vehicles, and other vehicles that do not meet California's legal definition of an e-bike.

A vehicle would not qualify as an electric bicycle if it:

• Has a motor larger than 750 watts.
• Can exceed 20 mph using motor power alone.
• Provides pedal assistance above 28 mph.
• Does not have operable pedals.
• Is designed to be easily modified beyond California's e-bike limits.

Companies that deceptively market these vehicles as e-bikes could also face enforcement under California's false advertising and unfair competition laws.

 2. Clarifies the Difference Between E-Bikes and E-Motos

SB 1167 updates California's legal definitions for motor-driven cycles and mopeds to better distinguish them from electric bicycles. The bill establishes clearer standards based on a vehicle's design, performance, and safety requirements.

Under the proposed changes, motor-driven cycles and mopeds must be designed for highway use, comply with applicable federal motor vehicle safety standards, have a 17-digit Vehicle Identification Number (VIN), display a federal safety certification label, and meet California's equipment requirements.

The bill also makes it clear that an electric bicycle is not a moped or motor-driven cycle, and those vehicles cannot be advertised or sold under those classifications.

 3. Requires Honest Advertising and Consumer Disclosures

If enacted, SB 1167 would require manufacturers, importers, distributors, retailers, and online sellers to clearly disclose when a vehicle is not a legal electric bicycle and may require a driver's license, registration, insurance, or other legal requirements. These disclosures would also apply to online advertising and social media.

Companies that fail to provide these disclosures could face enforcement under both the Vehicle Code and California's false advertising laws.

 4. Strengthens Product Labeling and Verification Requirements

SB 1167 expands California's labeling requirements for electric bicycles, mopeds, and motor-driven cycles to help consumers identify exactly what they are purchasing. Manufacturers and distributors would be required to properly label these vehicles, and it would become unlawful to sell a vehicle that does not comply with the bill's labeling and disclosure requirements.

The bill also addresses replacement e-bike classification labels. Instead of allowing anyone to purchase and install a new class sticker, replacement labels could only be sold and installed by a physical bicycle retailer or repair shop. Before installing the label, the retailer or repair shop must verify that it matches the vehicle's actual classification.

 5. Improves Vehicle Identification After a Crash / Improves Crash Reporting

SB 1167 would require peace officers investigating a crash involving an electric bicycle, moped, or motor-driven cycle to document the vehicle's required markings and classification labels, or note if a label is missing.

These additional reporting requirements would provide more accurate crash data and help determine whether a vehicle was properly classified or potentially misrepresented. This information could also assist law enforcement, insurance companies, attorneys, and policymakers in better understanding crashes involving electric two-wheeled vehicles.

 6. Strengthens Enforcement 

If enacted, SB 1167 would strengthen enforcement by expanding existing Vehicle Code violations related to deceptive marketing, labeling, and the sale of non-compliant vehicles.

The bill would also authorize peace officers to remove certain unauthorized electric vehicles from public roads. In addition, deceptive marketing could be pursued under California's false advertising and unfair competition laws.

 7. Preserves California's Three-Class E-Bike System

SB 1167 does not change California's existing Class 1, Class 2, or Class 3 e-bike laws. Instead, it reinforces the legal definition of an electric bicycle while shifting greater responsibility to manufacturers, importers, distributors, retailers, and online sellers to accurately market and classify their products.

For riders of legal e-bikes, the bill would not create new registration, licensing, or insurance requirements.

A Step in the Right Direction for California's E-Bike and E-Moto Regulation

If enacted, SB 1167 would take a targeted approach to one of the biggest challenges facing California's electric bicycle market: the deceptive marketing of higher-powered electric motorcycles as e-bikes.

Rather than creating new restrictions for riders of legal Class 1, Class 2, and Class 3 e-bikes, the bill would strengthen consumer protections while holding manufacturers, importers, distributors, retailers, and online sellers accountable for how these vehicles are marketed and sold.

The proposed legislation also aligns with many of the findings in California's landmark Mineta Transportation Institute Electric Bicycle Safety Study, which identified inconsistent terminology, unclear vehicle classifications, and unreliable crash data as major barriers to effective regulation. Several provisions in SB 1167, including clearer vehicle definitions, stronger labeling requirements, and improved crash reporting, directly address those concerns.

Unlike New Jersey's 2026 law, which imposed licensing, registration, and insurance requirements on many electric bicycles, California is taking a different approach, protecting legal e-bikes while improving transparency, eliminating consumer confusion, and strengthening public safety.

Bike Legal Supports Smart E-Bike Policy

At Bike Legal, we support the safe and legal use of electric bicycles as part of our broader mission to encourage bicycling and improve safety for everyone. We also support policies like SB 1167 that protect consumers, preserve California's three-class e-bike system, and hold manufacturers and retailers accountable for deceptive marketing.

Our team closely follows bicycle and e-bike legislation, safety research, and transportation policy developments affecting riders across California and the United States. We represent cyclists and e-bike riders injured by negligent drivers, unsafe road conditions, and other preventable hazards.

If you have questions about a bicycle or e-bike crash, or California's bicycle and e-bike laws, we're here to help.

📞 Call 877-BIKE-LEGAL (877-245-3534) for a free consultation. No obligation, no upfront costs.

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