California Governor Gavin Newsom signed Senate Bill 1167 this week, establishing a clear legal distinction between electric bicycles and more powerful electric motorcycles, known as e-motos. Starting January 1, 2027, all advertising for e-motos must state that they are motor vehicles requiring registration, an M1 or M2 motorcycle license, and insurance, according to Streetsblog California and Bicycle Retailer. E-bikes remain capped at 750 watts, while e-motos exceed that limit and are classified as motorcycles.
The law arrives as motorcycle crashes continue to be a serious concern in East County. In 2023, El Cajon recorded 34 motorcyclists killed or injured, ranking ninth worst among 62 similarly sized California cities, according to the California Office of Traffic Safety. This statistic underscores the risks riders face and the importance of proper classification and insurance.
Barry P. Goldberg, A Professional Law Corporation, a firm that represents injured motorcyclists and their families, notes that many e-moto owners believe they purchased a bicycle and never obtain the required license, registration, or insurance. This gap can complicate injury claims in several ways. When an uninsured e-moto rider causes a crash, the injured person may need to rely on their own uninsured motorist coverage, which applies when the at-fault vehicle carries no liability insurance. Conversely, if the e-moto rider is injured, many auto policies exclude uninsured motorist coverage for injuries on a vehicle the policyholder owns but did not insure, potentially leaving riders without a backup source of recovery. Additionally, when fault is disputed, riding without a motorcycle license does not automatically make a rider responsible for a crash, but insurers often raise it to argue shared blame.
"Most families who buy these machines have no idea they've bought a motorcycle," said Barry P. Goldberg, founder of the firm and a recognized authority on uninsured and underinsured motorist law in California. "The new disclosures should help. Until they take effect, anyone who rides one or shares the road with one should confirm their auto policy carries uninsured motorist coverage, because that's often what pays after an e-moto crash."
The implications of SB 1167 extend beyond disclosure. For consumers, it means greater awareness of the legal and financial responsibilities of owning an e-moto. For the industry, sellers must adapt their advertising to comply with the new requirements, potentially affecting sales and marketing strategies. For injury victims, the law may reduce disputes over whether a vehicle is a bicycle or motorcycle, streamlining insurance claims. However, until the law takes effect, riders and drivers alike should review their insurance policies to ensure they have adequate coverage, especially uninsured motorist protection.
As e-motos grow in popularity, this legislation aims to prevent confusion and enhance safety on California roads. It remains to be seen how effectively the disclosures will change consumer behavior, but the legal distinction is a step toward clarifying the responsibilities of e-moto owners and protecting all road users.
