Dear E-Bike Enthusiasts,

View MCOSD Citation and notice to appear issued ($509. FINE PAID!) 

We at the Electric Mountain Bike Association (EMBA) empathize deeply with the difficulties and frustrations some of you may be encountering in light of the recent citations given to Class 1 and 2 e-bike users. We remain committed to advocating for your right to ride low power pedal-assist e-bikes on environmentally friendly bike trails and paths. To help you navigate these challenges, we've compiled this concise guide that may aid you in challenging these citations, if you choose to do so.

Consider the following crucial points:

E-bike Classification and Regulations: According to California Assembly Bill 1096, Class 1 and 2 e-bikes fall under the category of bicycles. Essentially, this law treats such e-bikes the same as conventional bicycles, thereby granting them the same permissions to access bike trails and paths in state parks. Only Class 3 e-bikes, which have higher speed capabilities, are expressly prohibited on these trails. Although the law allows land managers to restrict e-bike use, this is usually limited to specific trails where there are valid safety concerns, not a comprehensive ban.

Potential Age Discrimination: The current prohibition has a disproportionate effect on older adults and those with health issues who depend on pedal-assist technologies to experience the health advantages and serenity of bike trails. These individuals make up a sizable portion of the population, and their exclusion might be viewed as discriminatory.

Chevron Deference Principle: This principle implies that courts will typically defer to administrative agencies' interpretations of ambiguous statutes that they manage, unless such interpretations are unreasonable. In this situation, if the agency's interpretation of the statute that led to the ban is deemed unreasonable or contrary to the intent of the law, the courts may not defer to it. The law's purpose (AB 1096), seems to allow Class 1 and 2 e-bikes on trails where conventional bikes are permitted, contradicting the agency's interpretation.

Public Law 107-319: This federal legislation categorizes electric bikes that meet certain criteria as bicycles, not motor vehicles, superseding state laws that classify them otherwise. As a result, Class 1 and 2 e-bikes, which meet these criteria, should not be subject to restrictions meant for motorized vehicles.

DOJ Rule on OPDMDs: Under the Americans with Disabilities Act (ADA), the Department of Justice issued a rule in 2011 allowing the use of Other Power-Driven Mobility Devices (OPDMDs) in public areas, potentially including certain e-bikes. This rule could lend further support to your right to use your e-bike on public trails.

Please note, the effectiveness of these arguments could vary depending on the specific circumstances of your case. This guide is intended to offer a broad understanding of potential arguments and is not a substitute for legal advice. We are not an attorney and this is not legal advice. Please consult a legal professional for advice tailored to your situation.

We want to end by reminding you how crucial your support and active involvement are in our cause. Together, we can advocate for the rights of e-bike users and ensure that everyone has the opportunity to enjoy the benefits and freedom of outdoor trails.

With sincerity,

Steve Spiro

Executive Director

Electric Mountain Bike Association (EMBA)

P.S. Please consider making a donation or becoming a member of our association. 

 Your contribution will enable us to continue advocating for the rights of e-bike riders and working towards more inclusive access to our outdoor trails.

Thank you for standing with us in this important cause.

In recognition of your support and contribution, we are pleased to offer a mobility disability sticker along with instructions on its use. This small token of our appreciation represents our commitment to inclusivity and our dedication to making a difference.