Most electric motorcycles—high-performance motorized electric bicycles—parked at Marin schools are not legally allowed on public roads, according to a survey conducted by county officials and bike advocates.
This encompasses 80% of electric motorcycles at middle schools and 90% at high schools, according to the survey.
The research took place last year, carried out by E-Bike Access, a group that promotes bike access, and Safe Routes to Schools, an entity supported by the Transportation Authority of Marin.
The evaluation identified 277 two-wheeled vehicles at 12 schools that surpassed the state’s criteria for e-bikes, which is determined by their motor power and maximum speed. Only 37 e-bikes located outside the 12 schools met legal standards, according to him.
That’s the big seller,” said Robert Mittelstaedt, the owner of E-Bike Access. “If it exceeds the permitted limit for an e-bike, which is 750 watts, roughly equivalent to 1 horsepower and capable of reaching speeds over 20 or 28 miles per hour, then it isn’t considered an e-bike.
It’s a powered device,” he said. “And it doesn’t meet the definition of a bicycle.
The survey recorded 713 traditional bicycles at the Marin schools.
The data from Marin is part of the statistics highlighted in a recent state-wide report commissioned by the Legislature, which suggested additional regulation and enforcement for high-powered vehicles. The suggestions involve mandating licenses for high-powered e-motos and prosecuting stores that incorrectly market them as e-bikes.
“The idea of an electric bike may appear straightforward — a regular bicycle equipped with an electric motor — but residents in California do not have a common agreement on which devices qualify as legal electric bicycles,” stated the report, created by the Mineta Transportation Institute at San Jose State University.
“Beyond devices marketed as ‘e-bikes’ that would not comply with state regulations, some users modify their equipment with basic software or hardware adjustments to boost performance beyond legal thresholds,” stated the 210-page report.
Asha Weinstein Agrawal and Kevin Fang, scientists from the institution, analyzed state and national information to propose ways California could tackle deficiencies in its legislation and implementation.
The fact that individuals who ride electric bicycles, similar to those who ride traditional bicycles, don’t require a driver’s license provides significant mobility opportunities for children and elderly people,” Agrawal stated. “However, I don’t believe the Legislature meant for children or those who haven’t learned the rules of the road to be able to use a device that, in essence, grants them power comparable to that of a horse.
Their findings separate low-power electric bicycles, which offer a slower and more secure eco-friendly option compared to automobiles, from electric motorcycles, which are faster, more powerful, and operated using a throttle.
Used properly and in line with age guidelines, e-bikes benefit the community and the environment,” stated Matthew Hartzell, policy director for WTB-TAM, a cycling advocacy group based in Marin. “They are different from the unauthorized, uncontrolled e-motos that have gained popularity among teens and have been linked to risky actions and accidents. It’s regrettable that many discussions mix the two.
The organization’s findings highlighted innovative actions taken in Marin to control vehicles following a significant rise in severe injuries among young riders.
In late 2024, the Legislature approved AB 1778, enabling the county to launch a pilot initiative that prohibited individuals under 16 from using Class 2 (throttle) e-bikes; mandated helmet use for everyone; and limited Class 3 (28 mph) e-bikes to bike lanes and roads, with penalties and safety training for infractions. The regulations became active in the fall.
County authorities have also been monitoring incidents and injuries. The county mandates that emergency medical staff record the use of electric bicycles, and public safety officials maintain a website that details all 911 calls, including those related to accidents.
From October 1, 2023, to October 6, 2025, the report stated, referencing Marin 911 data, there were 412 cases involving standard bicycles and 159 cases involving electric bikes.
According to the statement, there were significantly more incidents involving standard bicycles compared to electric bicycles for individuals 16 years and older.
However, among individuals aged 10-15, there were more accidents involving electric bikes compared to regular bicycles,” it stated. “Therefore, 31% of the patients using electric bicycles were in this age group, whereas they accounted for only 10% of those riding conventional bicycles.
The document proposed a number of changes to policies and regulations.
From a policy perspective, the academics hoped for more comprehensive data. For instance, although Marin’s 911 records included incidents involving both traditional bicycles and electric bikes, the accident reporting system does not differentiate between low- and high-powered bikes—specifically, street-legal e-bikes versus illegal e-motos.
Besides advocating for increased public awareness initiatives, the report proposed two key areas for improvement.
The first issue focused on updating and implementing the state’s motor vehicle regulations, which were originally designed for gasoline-powered vehicles. It recommended modifying “rules for operating the devices,” implying that e-motos might need license plates similar to mopeds and require licensed operators.
The second point recommended revising and implementing consumer protection regulations for merchants, including “imposing rigorous transparency rules on retailers, ensuring purchasers are aware if the device qualifies as a legal electric bike.”
The report also recommended that county and state prosecutors target manufacturers and retailers that promote e-bikes that are legal on the streets but sell e-motos that are not.
“At the state level, the legislature might update the Vehicle Code to outline consequences for retailers who fail to follow disclosure regulations and instruct the Attorney General to examine if manufacturers and retailers have been deceiving buyers regarding devices labeled as electric bicycles that can be used on public streets and roads,” the report stated.
Marin cycling supporters commended the report, noting that powerful electric motorcycles have hindered their initiatives to encourage biking as a substitute for car travel.
“I’m optimistic that the research provides practical and effective recommendations that encourage e-biking while also tackling the overwhelming presence of e-motos on our roads,” said Tarrell Kullaway, executive director of the Marin County Bicycle Coalition.
The group wishes the Legislature to oversee the vehicles in manners that could not be achieved at the local level.
You can’t implement any systemic changes at the municipal level because these e-motos are entering the community, and in many instances, they are hard to tell apart from a legal e-bike unless you have an extensive knowledge of all the various brands and models,” said Warren Wells, the organization’s policy director. “Our frustration stems from the fact that this issue hasn’t received enough attention at the state level.
All throttle mechanisms should fall into the high-power classification,” Mittelstaedt stated. “This would remove manufacturers’ motivation to incorrectly categorize electric motorcycles as e-bikes, as the law would handle all high-power throttle devices in the same manner.
Cycling supporters also stated that improved bicycle facilities were necessary in the area.
“According to the county’s own dashboard, almost half of the young individuals involved in e-bike or e-moto accidents are crashing into other vehicles,” Wells stated.
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