• litchralee@sh.itjust.works
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    6 months ago

    Do you have a reference for “class 3 e-scooters”? My understanding of the California Vehicle Code is that the class system only applies to bicycles with pedals, per CVC 312.5.

    Whereas e-scooters – the things that Bird and Lime rent through their app – exist under CVC 407.5, which previously covered the older, gasoline-powered 50 cc types of scooters. But apparently the law has now completed written out the gas-powered ones, only mentioning electric-powered “motorized scooters”.

    Strictly speaking, there isn’t a requirement in the law for e-scooters to have a speed governor, whereas ebikes must have one, either 20 mph (32 kph) or 28 mph (45 kph). Instead, riders of e-scooters are subject to a speed limit of 15 mph (25 kph), a stalwart from the days of the gas-powered scooters.

    The key distinction here is that an ebike over-speeding beyond its class rating is an equipment violation, akin to an automobile without operational brake lights. But an e-scooter over-speeding beyond 15 mph is a moving violation, potentially incurring points on the rider’s driving license – if they have one – and can impact auto insurance rates, somewhat bizarrely.

    I’m not saying CA law is fair to e-scooters – it’s not – but I can’t see a legal scenario where an e-scooter can overtake an ebike rider if both are operating at full legal limits.

    • errer@lemmy.world
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      6 months ago

      I have a Segway C80. It has tiny, but functional pedals. It looks very much like a scooter though, like a mini Vespa. I believe mine is a class II factory, but the governor can be lifted to 28 mph to make it a class III. I assumed that’s what was meant by “e-scooter,” but I guess you’re talking about another kind of vehicle that entirely lacks the pedals. I had thought a “real” e-scooter required a motorcycle license since those can reach freeway speeds and are above 750W.

      • litchralee@sh.itjust.works
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        6 months ago

        Ah, now I understand what you mean. Yes, the stock C80 would indeed legally be a Class 2 ebike in California, by virtue of its operable pedals, whether or not it’s actually practical to use the pedals. That the marketing material suggests the C80 is used primarily with its throttle is no different than other Class 2 ebikes which are often ridden throttle-only, as many city dwellers have come to fear.

        As for the unlock to Class 3, I wonder how they do that: California’s Class 3 does not allow throttle-only operation, requiring some degree of pedal input.

        The spectrum of two-wheelers in California include: bicycles, ebikes (class 1, 2, 3), scooters, mopeds (CVC 406), motor-driven cycles, and motorcycles (aka motorbikes; CVC 400)

        The “moped” category, one which has almost been forgotten to the 1970s, has seen a resurgence: the now-updated law recognizes 30 mph, electric, 4 HP (3 kW) max two- or three-wheelers. These mopeds are street legal, bike lane legal, don’t have annual registration, no insurance requirement, but do need an M1/M2 license. These CVC 406 mopeds are not freeway legal, but darn if they’re not incredibly useful for in-town riding.

        I could get myself an electric dirt bike and plates for it, 100% legally.