California Governor Gavin Newsom has signed Senate Bill 1167, a law that creates a clear legal distinction between electric bicycles and the more powerful electric motorcycles, often called e-motos, that are frequently sold alongside them. Starting January 1, 2027, sellers must state in all advertising that e-motos are motor vehicles requiring registration, an M1 or M2 motorcycle license, and insurance, as reported by Streetsblog California and Bicycle Retailer. E-bikes remain capped at 750 watts, preserving the existing classification for lower-powered bicycles.
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. Barry P. Goldberg, A Professional Law Corporation, a firm that represents riders, drivers, and families of those killed in these collisions, notes that the new classification could have far-reaching effects on how injury claims are handled.
Many e-moto owners believe they purchased a bicycle and never obtain the license, registration, or insurance that the law already requires. That gap can complicate an injury claim in several ways. When an uninsured e-moto rider causes a crash, the injured person may need to turn to their own uninsured motorist coverage, which applies when the at-fault motor vehicle carries no liability insurance. When the e-moto rider is the one 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. And when fault is disputed, riding without a motorcycle license does not by itself make a rider responsible for a crash, but insurers often raise it to argue the rider shares the 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 individual riders. For the business community, retailers and manufacturers of e-motos will need to revise their advertising and sales practices to comply with the new disclosure requirements, or face potential legal exposure. For the insurance industry, the law may prompt a reevaluation of policy language and underwriting practices as more e-motos are correctly classified as motorcycles. For consumers, the change underscores the importance of understanding what they are buying and ensuring they have adequate coverage before an accident occurs.
As the January 1, 2027 effective date approaches, riders and families with questions about their rights after an e-moto crash can seek guidance from experienced counsel. The firm's motorcycle accident lawyer in El Cajon, CA represents injured parties and families throughout California, and offers free consultations to those with a case to discuss.
