Governor Gavin Newsom signed Senate Bill 1167 this week, establishing a legal distinction between electric bicycles and more powerful electric motorcycles, known as e-motos. Effective January 1, 2027, sellers must clearly state in all advertising that e-motos are motor vehicles requiring registration, an M1 or M2 motorcycle license, and insurance. E-bikes remain capped at 750 watts. The law was reported by Streetsblog California and Bicycle Retailer.
The new classification arrives amid ongoing motorcycle safety concerns 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. Barry P. Goldberg, A Professional Law Corporation notes that the law addresses a common misunderstanding: many e-moto owners believe they purchased a bicycle and never obtain the required license, registration, or insurance. This gap can complicate injury claims after a crash.
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 motor 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. In disputed fault cases, riding without a motorcycle license does not automatically make a rider responsible, 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 extend beyond California. As e-motos gain popularity nationwide, other states may follow suit with similar disclosure laws. For riders, the law means greater awareness of legal obligations; for sellers, new advertising requirements; and for accident victims, clearer paths to compensation. Until the law takes effect, riders and drivers are urged to review their insurance policies to ensure adequate coverage.
