The old political saying “as goes California, so goes the nation” should serve as a warning to eMoto dealers everywhere. More than 100 deaths have been attributed to e-Bikes and E-Motorcycles in the United States, including a 15-year-old boy who was riding on the back of an E-Motorcycle in La Habra, a 13-year-old boy who was killed while riding an E-Motorcycle in Garden Grove, and a 21-year-old who died five days after crashing an E-Bike in Huntington Beach. Children between the age of 11 and 14 account for 61.7% of E-Motorcycle crashes even though children under the age of 16 are legally prohibited from riding E-Motorcycles, according to the California Statewide Integrated Traffic Record System (SWITRS).
Back in May 2026, Orange County District Attorney Todd Spitzer announced the creation of a new E-Bike/E-Motorcycle unit – RIDE SAFELY (Smart Accountability for E-Bikes and E-Motos and Law Enforcement for Youth) to review all potential criminal charges against juveniles and adults, including parents who knowingly allow their children to illegally ride E-Motorcycles and E-Bikes. The unit is part of the District Attorney’s multi-pronged approach to reducing E-Bike and E-Moto injuries and saving lives along with increased education, prosecution of riders and their parents, pursuing additional legislation, and holding manufacturers and retailers accountable.
E-Motorcycles must be registered with the California Department of Motor Vehicles (DMV) as an off-highway use vehicle (OHV), have current insurance, and can only be ridden off of public highways by a rider over the age of 16 with a valid motorcycle license and a DOT-approved helmet. Riders who do not fit the legally required criteria can be cited and have their vehicle impounded at a cost in excess of $2,600 a month.
California law distinguishes between E-Bikes and E-Motorcycles based on three main features: the power limit of its motor, its maximum speed limit, and whether it is equipped with operable pedals. Electric bicycles with Class 1 or Class 2 designations do not have rider age or licensing restrictions; E-Bikes with Class 3 designations require riders to be aged 16 or older.
Generally, an electric bike that does not qualify as Class 1, 2 or 3, will be classified as an electric motorcycle. That means either that the bike has an electric motor that exceeds 750 watts of power or can reach speeds higher than 20-mph on motor power alone. Additionally, if the bike is not equipped with fully operable pedals, or if it has been modified to reach speeds higher than 20-mph or to attain power higher than 750 watts, the bike cannot be designated an electric bike and instead would be considered an E-Motorcycle.
All riders under the age of 18 are required to wear a helmet, regardless of classification.
