HomeMy WebLinkAbout21 - Response to the Orange County Grand Jury Report "E-Bikes: Friend or Foe"Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 27, 2024
Agenda Item No. 21
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Chief of Police - 949-644-3701,
jartwright@nbpd.org
PREPARED BY: Javier Aguilar, Deputy Chief, Patrol Division - 949-644-3720,
jaguilar@nbpd.org
TITLE: Response to the Orange County Grand Jury Report "E-Bikes:
Friend or Foe"
ABSTRACT:
For the City Council's consideration is the approval of a response letter to the 2023-2024
Orange County Grand Jury report entitled "E-Bikes: Friend or Foe" pursuant to
Penal Code Section 9.33.05 (a) and (b). The City of Newport Beach is required to
comment on specific findings and recommendations in the report no later than
September 19, 2024.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve the City's response to the 2023-2024 Orange County Grand Jury report,
"E-Bikes: Friend or Foe" and authorize the Mayor to submit the letter to the Presiding
Judge of the Superior Court.
DISCUSSION:
On June 20, 2024, the Orange County Grand Jury (OCGJ) released a report entitled
"E-Bikes: Friend or Foe" (Attachment A), an investigative report on how prepared
Orange County law enforcement agencies are to responding to concerns about electric
bicycles (E-bikes). As part of that analysis, the OCGJ gave findings in several areas, such
as: the majority of Orange County's 34 cities do not have ordinances or policies in place;
due to the increasing incidence of E-bike injuries and deaths, there is a need for
consistent and accurate tracking by law enforcement and first responders, which does
not exist; and that training and education on E-bike use and safety vary from city to city,
causing confusion amongst bike riders.
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Response to the Orange County Grand Jury Report "E-Bikes: Friend or Foe"
August 27, 2024
Page 2
The report also provides recommendations in several areas, to be implemented by
December 1, 2024, such as: each Orange County city should have specific policies that
define the rules of the road for use of E-bikes in their communities; each Orange County
city should have a mechanism in place to report accidents, injuries and death involving
E-bikes; and each Orange County city should research and develop outreach and
education programs regarding the safe operation of E-bikes for its residents.
The City is required to respond to the report's findings and recommendations.
The Newport Beach Police Department has drafted the proposed response letter
(Attachment B) for the City Council's review. With the approval of the City Council, the
letter will be forwarded to the Presiding Judge of the Superior Court.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Orange County Grand Jury Report "E-Bikes: Friend or Foe"
Attachment B —Proposed Response to the Orange County Grand Jury Response from
the City of Newport Beach
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Attachment A
Grand Jury Report
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ORANGE COUNTY GRAND JURY
700 CIVIC CENTER DRIVE WEST • SANTA ANA, CALIFORNIA 92701 • 714/834-3320
June 13, 2024 www.ocgrandjury.org • FAX 714/834-5555
� ,ems
The Honorable Will O'Neill L4 6z F
t .,,
L
City of Newport Beach lw'Llit,
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mayor O'Neill:
Enclosed is a copy of the 2023-2024 Orange County Grand Jury report, E-bikes Friend or Foe. Pursuant to Penal Code
933.05(f), a copy of the report is being provided to you at least two working days prior to its public release. Please note that
under that subsection, "No officer, agency, department, or governing body of a public agency shall disclose any contents of
the report prior to the public release of the final report." (Emphasis added.) It is required that you provide a response to each
of the findings and recommendations of this report directed to your office in compliance with Penal Code 933.05(a) and (b), a
copy is enclosed.
Please distribute this report to your governing body.
For each Grand Jury recommendation accepted and not implemented, provide a schedule for future implementation. In
addition, by the end of March of each subsequent year, please report on the progress being made on each recommendation
accepted but not completed. These annual reports should continue until ali recommendations are impiemented.
Please mail the response to the recommendations to Maria Hernandez, Presiding Judge of the Superior Court, 700 Civic
Center Drive West, Santa Ana, CA 92701, with a separate copy mailed to the Orange County Grand Jury, 700 Civic Center
Drive West, Santa Ana, CA 92701, no later than 90 days after the public release date, June 20, 2024, in compliance with
Penal Code 933, copy enclosed. The due date then is September 19, 2024.
Should additional time for responding to this report be necessary for further analysis, Penal Code 933.05(b)(3) pen -nits an
extension of time up to six months from the public release date. Such extensions should be advised in writing, with the
information required in Penal Code 933.05(b)(3), to the Presiding Judge of the Superior Court, with a separate copy of the
request to the Grand Jury.
We tentatively plan to issue the public release on June 20, 2024. Upon public release, the report will be available on the
Grand Jury website at www.ocgrandjury.org.
MJV:jm
Enclosures: Grand Jury Report
Penal Code 933, 933.05
Cc: Grace K. Leung, City Manager
Very truly yours,
Michael J. Verregia�, Foreperson
2023-2024 ORANGE COUNTY GRAND JURY
CITY OF NEWPORT BEACH
Received by J.B.
JUN 17 2024
Office of the City Manager
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E-bikes
Friend or Foe
E-bikes Friend or Foe
Table of Contents
SUMMARY......................................................................................................................1
BACKGROUND..............................................................................................................1
REASONFOR THE STUDY...........................................................................................3
METHODOF STUDY......................................................................................................3
INVESTIGATION AND ANALYSIS.................................................................................4
Orange County Transportation Authority................................................................4
Orange County Sheriff's Department.......................................................................4
CitiesSurvey..............................................................................................................4
COMMENDATIONS......................................................................................................12
FINDINGS.....................................................................................................................12
RECOMMENDATIONS.................................................................................................13
RESPONSES................................................................................................................13
REQUIRED RESPONSES.........................................................................................14
REFERENCES..............................................................................................................18
GLOSSARY..................................................................................................................
20
APPENDICES...............................................................................................................
21
APPENDIX1..............................................................................................................21
Current County of Orange E-Bike Laws - Unincorporated Areas .................... 21
APPENDIX2..............................................................................................
California Vehicle Code Section 312.5 as of December 23, 2023 ..................... 22
APPENDIX3..............................................................................................................23
California Assembly Bills..................................................................................... 23
APPENDIX4..............................................................................................................24
County of Orange Ordinance No. 18-002............................................................ 24
2023-2024 Orange County Grand Jury Page ii
21-7
E-bikes Friend or Foe
M1&I__LTiT1�1
The use of electric bicycles (E-bikes) has increased as our communities look to new
and novel ways to commute and to reduce our reliance on automobiles. E-bikes are a
cost-effective alternative. However, they bring higher risks of accidents and injuries
when compared to conventional bicycles. The public deserves education and safety
regulations to mitigate this concern.
The 2023-2024 Orange County Grand Jury (OCGJ) investigation into E-bike regulation,
education, and safety focused on what, if any, pertinent regulations have been adopted
by Orange County cities. The OCGJ investigation revealed that outside of the California
Vehicle Code, the 34 cities, 13 of which are contract cities with the Orange County
Sheriff's Department (OCSD), vary significantly in their regulation, safety (accidents,
fatalities, etc.), enforcement, and education on E-bikes. The Orange County
Transportation Authority (OCTA) oversees E-bike safety, education, and public outreach
for all unincorporated areas. OCTA holds quarterly meetings with all 34 cities in the
county to discuss transportation issues including E-bike regulation, safety, education,
and enforcement.
There is an urgent need to have consistent ordinances for the regulation and
enforcement of safe E-bike use in all cities, school districts, parks, and unincorporated
areas. Currently, there are significant differences in policy across cities. The recent
surge in E-bike usage calls for immediate action to strengthen city oversight of this
issue. This report will highlight the differences between cities' approaches and make
recommendations to attain realistic and practical policies for their respective
jurisdictions.
The modern E-bike was introduced in the 1990s as a pedal assist bike with a battery -
powered motor. The OCGJ focused on the 3 classes of E-bikes (see table below).
In most cases, it is hard to tell the difference between a Class 1, 2, or 3 E-bike, as there
may be no apparent distinction to the naked eye. It is important that Orange County
residents understand the different classes of E-bikes, how fast they can go, and any
applicable restrictions or regulations that govern their use. This is particularly pertinent
as automobile and bus commuters must now share the road with E-bike riders.
2023-2024 Orange County Grand Jury Page 1
21-8
Class 1
20MPH
Pedal Assisted
No assistance without pedaling
Same rules & access rights as
regular bikes
E-bikes Friend or Foe
Class 2
20MPH
Throttle Assisted
Can be ridden without pedaling
Same rules & access rights as
regular bikes
04- K11
-eool'
Class 3
28MPH
Pedal Assisted / Optional Throttle
No assistance without pedaling
Age limit applies
Usage areas restricted
The ease of use, relatively low price, and convenience of E-bikes have led to their
proliferation throughout Orange County. It is estimated that the sales of E-bikes rose by
145% during 2020-to-2021 (World Economic Forum March 12, 2021).
However, along with the proliferation of E-bikes have come inevitable issues regarding
their use, including:
• riding on sidewalks
• riding against traffic
• speeding
• bike vs pedestrian collisions
• bike vs motorized vehicle conflicts
• the ability to make unauthorized modifications to the electric motors which allows
the E-bikes to exceed their maximum intended speed
There are also issues regarding E-bike rider injuries in accidents, which can be more
serious than injuries of riders in bicycle accidents (US Consumer Product Safety
Commission October 17, 2023). According to the OCGJ survey sent to city mayors,
many do not track or have awareness of the incidence and prevalence of E-bike injuries
and fatalities in their respective cities.
2023-2024 Orange County Grand Jury Page 2
21-9
E-bikes Friend or Foe
The OCGJ sent a survey to all Orange County cities to learn each city's policies,
availability of safety education, and enforcement of E-bikes. The responses from the
cities that answered indicate a wide variety of differences - with some cities having
robust training, enforcement measures, and methods of socializing E-bike use in their
communities.
The OCGJ recognizes that there cannot be a "one size fits all" approach to the
regulation of E-bikes, as all cities in Orange County are unique and have different
needs. For example, a large beachside city will have its own unique policies as
compared to smaller inland cities. The rapidly expanding use of E-bikes compels cities
to ensure a safe environment for riders of E-bikes and all citizens of Orange County.
REASON FOR THE STUDY
As E-bike sales have increased by almost 145% worldwide (World Economic Forum
Mar. 12, 2021) over the past 2 years, the regulation of their use does not seem to have
kept up. Accidents and incidents with E-bikes are on the rise, as are complaints from
citizens of Orange County about E-bike riders (Voice of OC Sept. 2023). Accordingly,
the OCGJ determined that an investigation into E-bikes was needed to bring public
awareness to the safe use of E-bikes and the importance of having city -relevant "rules
of the road" in place.
This report seeks to press Orange County cities to actively seek common-sense rules
for E-bikes to ensure their safe operation among conventional bicycles, pedestrians,
and vehicles.
METHOD OF STUDY
Information from this investigation was collected and verified through multiple sources
and statements made during interviews and includes extensive research of current
online and print articles regarding E-bikes in Orange County. The OCGJ conducted the
following activities:
• In -person interviews of representatives from:
o A major retail bike shop that sells both E-bikes and standard bicycles
o The Orange County Transportation Authority
o The Orange County Sheriff's Department
e The Central Newport Beach Community Association
• In -person attendance and online viewing of several city council meetings
• In -person attendance at a training session hosted by a local city
• Review of proposed State legislation that failed, passed, or is in committee
2023-2024 Orange County Grand Jury Page 3
21-10
E-bikes Friend or Foe
Direct observance of E-bike riders, where they are riding, use of protective gear,
passengers, dangerous maneuvers, etc.
An online survey was distributed to the mayors of 34 cities in Orange County.
Unincorporated areas/divisions were not included in this survey. Mayors and/or
representatives from 22 cities responded to this survey
INVESTIGATION AND ANALYSIS
Through interviews and surveys, the OCGJ determined that there is wide variation of
rules on E-bikes and limited information regarding the reporting of E-bike incidents,
accidents, injuries, and basic rules of the road for E-bikes.
Several news outlets (newspapers, magazines, television, online forums) have
published stories about E-bikes. While many acknowledge the benefits of E-bikes, they
also detail significant issues for cities to address.
Speeding, unsafe, or reckless operation, riders under 18 years of age not wearing
helmets and toddlers riding on the back or front without proper child safety seats
present common E-bike regulation and enforcement challenges for law enforcement.
Orange County Transportation Authority
OCTA has published on their website a comprehensive list of regulations listed by city
regarding bicycles and E-bikes. As with the OCGJ survey, there are several different
rules for E-bike riders dependent on what city they are riding in due to the differences in
cities such as availability of bike lanes and the speed at which E-bikes are permitted to
travel.
Orange County Sheriff's Department
OCSD enforces the California Vehicle Code (CVC) Section 312.5 regarding electric
bicycles. In addition, the Sheriff's Department works closely with OCTA to provide
E-bike outreach and education to the residents of Orange County. The OCSD Training
Bulletin 23-01, issued January 4, 2023, provides the current E-bike enforcement criteria
for Sheriff's Deputies.
Cities Survey
OCGJ sent a list of survey questions to all city mayors in Orange County regarding
policies in their cities with respect to E-bikes. Of the 34 surveys sent, 22 were
completed and returned to the Grand Jury. A sampling of the survey results follows:
2023-2024 Orange County Grand Jury Page 4
21-11
E-bikes Friend or Foe
Do you track injuries/deaths from E-bike accidents, injuries, fatalities?
Yes 11
+' N o 11
Tracking of E-bike injuries, deaths, property damage and battery fires, 11 of the 22
cities answered that they tracked these items on E-bikes.
The entity responsible for tracking these items varied within each city among law
enforcement organizations, city government offices, and local hospitals. There is no
standard way to compile and publish accident/incident information on E-bikes.
To properly track trends in E-bike operation, a robust incident and accident tracking
mechanism must be in place. Items that need to be tracked include but are not limited to
class of E-bike involved, estimated speed of the E-bike, direction of travel, age of the
rider, whether helmets were used, and any injuries sustained. In the process of accident
reporting, most police agencies do not distinguish whether the bicycle involved was a
conventional bike or an E-bike.
• In your city, who, if anyone, is authorized to enforce infractions? Please
select all that apply:
14
Not Applicable 3
12
�t Police 13'
10F'1
Sheriff 6 w
Lifeguards
6
Park Rangers 6'`�
4
Private Security 0
2 i
Other 0 f`
2023-2024 Orange County Grand Jury
Page 5
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E-bikes Friend or Foe
Of the 22 cities that completed the survey, 100% indicated that some form of law
enforcement was the agency authorized to enforce/cite infractions for E-bike riders.
Police Departments, OCSD, or Park Rangers were the organizations authorized for
E-bike enforcement.
• In your city, are E-bikes allowed:
10
8
4
21
0
1
13
5
4
8
2
12
16
0
6
9
5
8
10 cities indicated that E-bikes were authorized on sidewalks, 4 cities answered
unknown, and the remaining cities answered that E-bikes were prohibited from
sidewalks.
21 cities indicated that E-bikes were authorized in bike lanes with one city responding
as unknown.
13 cities indicated that E-bikes are allowed on park trails, 5 cities indicated that E-bikes
were prohibited from using park trails, and 4 cities indicated that park trail policy for
E-bikes was unknown.
16 cities indicated that E-bikes were authorized in vehicle lanes and 6 cities answered
unknown.
5 cities answered no, 8 cities answered unknown, and 9 cities indicated that E-bikes
were allowed on highways.
Riding on sidewalks was found to be a contentious issue. One city cited California
Assembly Bill 825 (which would have barred local agencies from prohibiting bike use on
sidewalks but has since been vetoed) as a reason not to prohibit E-bikes on sidewalks.
When there is no defined bike lane, E-bike riders will ride on sidewalks as a matter of
safety. E-bikes, depending on the class, can go up to 28 miles per hour, which is
typically faster than a conventional bicycle and much faster than a walking pedestrian.
2023-2024 Orange County Grand Jury Page 6
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E-bikes Friend or Foe
Although most current laws give the bicyclist and pedestrians the right of way, the
reaction time for an E-bike rider going over 10 miles per hour on the sidewalk generally
does not give the rider adequate opportunity to avoid pedestrians walking on the
sidewalk or cars coming out of driveways.
• Does your city have posted speed limits for E-bikes?
0 Yes
No 22
Unknown D
100% of the cities that answered the OCGJ survey indicated that they do not post
speed limits for E-bikes. No reasons were cited as to why they are not posted for
E-bikes even though their top speed can be as high as 28 miles per hour or faster if the
rider disables speed restrictive devices thus allowing the E-bike to almost double its
speed.
There are obvious issues involving where to place speed limit signs for E-bikes. They
are allowed to travel in bike lanes, on sidewalks, and in some jurisdictions even allowed
to ride in opposition to traffic.
® In your city, are E-bikes expected to travel in the same direction or
opposite direction from street traffic?
I& Same direction 16
Opposite direction 1
Both directions 2
Unknown 3
2023-2024 Orange County Grand Ju Page 7
o
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E-bikes Friend or Foe
Some cities have authorized E-bikes to ride against the flow of traffic. As stated in the
OCTA website (in a section entitled "Wrong Way Riding"), riding against traffic is
inherently dangerous due to:
➢ Oncoming cars approach at a much higher speed
➢ Drivers cannot see E-bike riders when turning left
➢ E-bike rider is unable to make right turns
➢ Traffic signals cannot be seen
• Is safety training offered by the city for E-bike riders?
yes
N o 12
unknown
Safety education and/or training for E-bike riders is available only sporadically and is, in
most cases, optional. As noted in the survey, only 8 cities indicated that safety training
was offered. The Orange County Register published a story (OC Register Jan 3, 2024)
about a San Juan Capistrano resident who has taken on educating new E-bike riders as
a result of her son being injured on an E-bike. An OCGJ visit to a local retailer of
E-bikes found there was no formal training for E-bike purchasers or riders, and the only
information to purchasers of E-bikes was a pamphlet. The Huntington Beach Police
Department has a safety class every other month which focuses on E-bike safety.
OCTA holds safety "bike rodeos" for E-bike riders. These are a few examples of the
education available for E-bike riders, but none is mandatory prior to purchasing or riding
an E-bike. Therefore, grass -roots efforts are another important step in promoting
education and safety.
The OCGJ interviewed a member of the Central Newport Beach Community
Association as to their concerns about education, safety, and enforcement regarding
E-bikes. The Association has been active in monitoring E-bike use, specifically on the
Balboa peninsula. Its focus has been on a perceived lack of enforcement of existing
ordinances and the CVC on streets and the beach boardwalk. Along with education and
safety training, the Association prefers active enforcement using radar guns, tickets,
and increased law enforcement presence.
2023-2024 Orange County Grand Jury Page 8
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E-bikes Friend or Foe
• Do the schools/school districts in your city offer safety information and/or
certification for student E-bike users on campus?
0 Yes 7
No 2
Unknown 13
There are 28 school districts spread across the 34 cities of Orange County. Cities were
asked whether schools in their jurisdictions offer safety information to student E-bike
riders. Of the 22 cities that responded to the survey, 7 answered yes and 2 answered
no. The concerning number that leaps to the eye is that 13 survey respondents stated
that they were unaware of their school district's participation in E-bike regulation. At the
time of this report, the 5 districts (per district website) that currently require safety
training and registration are:
➢ Capistrano Unified
➢ Los Alamitos Unified
➢ Huntington Beach Union
➢ Irvine Unified
➢ Ocean View
• Are there any other persons/groups that might be able to provide
meaningful or relevant information regarding E-bikes to the Grand Jury?
At least 6 cities referred this question to the OCSD. 6 others referred this question to
their own police department. Interestingly, at least 6 suggested that their jurisdictional
park rangers (if these are in place in their city) would be able to answer the question.
2023-2024 Orange County Grand Jury Page 9
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E-bikes Friend or Foe
• Is there outreach by the city being conducted to inform your community of
any regulations and safety training?
yes 10
No 10
i Unknown 2
Of the 34 cities in Orange County, 22 responded to this question: 10 cities said "yes," 10
cities said "no," and 2 cities indicated "unknown."
An example of outreach is the City of Irvine's Police Department. The outreach has
several elements which includes High Visibility Enforcement (HVE) operations to issue
administrative citations to juveniles violating vehicle codes on E-bikes. It also hosts
E-bike safety courses, E-bike rodeos, and community presentations on E-bike safety.
There are also plans for Public Safety in collaboration with the Irvine Unified School
District to implement a parking permit program which will require students riding E-bikes
to school to attend workshops on E-bike safety before being issued a parking permit to
park their E-bike on campus.
® Does your city regulate the use of E-bikes?
yes 4
(, N o 15
Unknown 3
2023-2024 Orange County Grand Jury Page 10
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E-bikes Friend or Foe
There were 15 cities who responded that they do not regulate E-bikes or their usage.
The OCGJ felt that this statistic, on its own, warranted further investigation and,
possibly, further action by such cities.
GENERAL COMMENTS FROM SURVEY RESPONDENTS
"I personally promote safe e-bike texts on focal Facebook groups... about 16, 000
members. I promote e-bike safety every council meeting."
"State and local legislation is lagging far behind e-bike technology and there is a lot of
confusion amongst e-bike users and police regarding what is lawful and what is unlawful
when it comes to e-bikes."
"Thank you for looking into this. I am a relatively new mayor and although I consider e-
Bikes an issue, we have so many other issues that are taking priority. I would like to see
e-Bikes banned from all trails that were previously used for bicycles and pedestrians
only. They function more like scooters than bicycles. "
"E-bikes and bike safety, in general, are very big topics in the community right now and
our Police Department is currently doing A LOT to address these items. Besides
conducting weekly High Visibility Enforcement (HVE) operations, iPD's traffic staff
oftentimes issue administrative citations to juveniles who commit vehicle code violations
on their bicycles, including E-bikes and E-scooters. In fact, approximately 50% of our
administrative citations are issued to E-bike and E-scooter operators. Rather than
paying a fine similar to conventional traffic citations, our administrative citations require
the juvenile to attend a 2-hour long bike safety course with a parent or guardian on the
weekend at City Hall."
2023-2024 Orange County Grand Jury Page 11
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E-bikes Friend or Foe
"Our city will soon be meeting with reps from OCSD in reference to providing additional
educational fools for e-bike riders. 1 have made contact with our local elected officials in
reference to securing funds for a -bike enforcement and education."
"The issue with E-bike safety is an active project in our traffic safety unit. Currently we
are looking at any municipal codes which will assist with safety for e-bike riders and
motorists. "
COMMENDATIONS
The following agencies contributed to the OCGJ's investigation into the use of E-bikes in
Orange County;
Orange County Transportation Authority has taken a leadership role in outreach and
education to all 34 Orange County cities
Orange County Sheriff's Department has been very proactive in keeping up with the
everchanging rules of the road for E-bikes
Central Newport Beach Community Association provided important data and various
studies on E-bike usage in Newport Beach
FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024
Grand Jury requires (or, as noted requests) responses from each agency affected by
the findings presented in this section. The responses are to be submitted to the
Presiding Judge of the Superior Court. Based on its investigation titled °E-bikes- Friend
or Foe," the 2023-2024 Orange County Grand Jury has arrived at three principal
findings, as follows:
F1. The majority of Orange County's 34 cities do not have ordinances or policies in
place, which makes it difficult to address the safe operation and regulation of
E-bikes leading to confusion.
F2. Due to the increasing incidence of E-bike injuries and deaths, there is a need for
consistent and accurate tracking by law enforcement and first responders, which
does not exist now.
F3. Training and education on E-bike use and safety varies from city to city causing
confusion amongst bike riders.
2023-2024 Orange County Grand Jury Page 12
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E-bikes Friend or Foe
RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024
Grand Jury requires responses from each agency affected by the recommendations
presented in this section. The responses are to be submitted to the Presiding Judge of
the Superior Court.
Based on its investigation described herein, the 2023-2024 Orange County Grand Jury
makes the following recommendations:
R1. Each Orange County city should have specific policies that define the rules of the
road for use of E-bikes in their communities by December 1, 2024.
R2. Each Orange County city should have a mechanism in place to report accidents,
injuries and deaths involving E-bikes by December 1, 2024.
R3. Each Orange County city should research and develop outreach and education
programs regarding the safe operation of E-bikes for their residents by
December 1, 2024.
RESPONSES
California Penal Code Section 933 requires the governing body of any public agency
which the Grand Jury has reviewed, and about which it has issued a final report, to
comment to the Presiding Judge of the Superior Court on the findings and
recommendations pertaining to matters under the control of the governing body. Such
comment shall be made no later than 90 days after the Grand Jury publishes its report
(filed with the Clerk of the Court). Additionally, in the case of a report containing findings
and recommendations pertaining to a department or agency headed by an elected
County official shall comment on the findings and recommendations pertaining to the
matters under that elected official's control within 60 days to the Presiding Judge with
an information copy sent to the Board of Supervisors.
Furthermore, California Penal Code Section 933.05 specifies the manner in which such
comment(s) are to be made as follows:
(a) As to each Grand Jury finding, the responding person or entity shall indicate
one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which
case the response shall specify the portion of the finding that is disputed
and shall include an explanation of the reasons therefore.
2023-2024 Orange County Grand Jury Page 13
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E-bikes Friend or Foe
(b) As to each Grand Jury recommendation, the responding person or entity shall
report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding
the implemented action.
(2) The recommendation has not yet been implemented, but will be
implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and
the scope and parameters of an analysis or study, and a timeframe for the
matter to be prepared for discussion by the officer or head of the agency
or department being investigated or reviewed, including the governing
body of the public agency when applicable. This timeframe shall not
exceed six months from the date of publication of the Grand Jury report.
(4) The recommendation will not be implemented because it is not warranted
or is not reasonable, with an explanation, therefore.
(c) If a finding or recommendation of the Grand Jury addresses budgetary or
personnel matters of a county agency or department headed by an elected
officer, both the agency or department head and the Board of Supervisors
shall respond if requested by the Grand Jury, but the response of the Board
of Supervisors shall address only those budgetary or personnel matters over
which it has some decision -making authority. The response of the elected
agency or department head shall address all aspects of the findings or
recommendations affecting his or her agency or department.
REQUIRED RESPONSES
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code
Section 933.05 are required from:
Findings — 90 Day Response Required
City Councils of:
Aliso Viejo
Anaheim
Brea
F1, F2, F3
F1, F2, F3
F1, F2, F3
2023-2024 Orange County Grand Jury Page 14
21-21
E-bikes Friend or Foe
Buena Park
F1, F2, F3
Costa Mesa
F1, F2, F3
Cypress
F1, F2, F3
Dana Point
F1, F2, F3
Fountain Valley
F1, F2, F3
Fullerton
F1, F2, F3
Garden Grove
F1, F2, F3
Huntington Beach
F1, F2, F3
Irvine
F1, F2, F3
La Habra
F1, F2, F3
La Palma
F1, F2, F3
Laguna Beach
F1, F2, F3
Laguna Hills
F1, F2, F3
Laguna Niguel
F1, F2, F3
Laguna Woods
F1, F2, F3
Lake Forest
F1, F2, F3
Los Alamitos
F1, F2, F3
Mission Viejo
171, F2, F3
Newport Beach
F1, F2, F3
Orange
F1, F2, F3
Placentia
F1, F2, F3
Rancho Santa Margarita
F1, F2, F3
San Clemente
F1, F2, F3
2023-2024 Orange County Grand Jury
Page 15
21-22
San Juan Capistrano
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
Westminster
Yorba Linda
E-bikes Friend or Foe
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
F1, F2, F3
Recommendations - 90 Day Response Required
Citv Councils of:
Aliso Viejo
R1, R2, R3
Anaheim
R1, R2, R3
Brea
R1, R2, R3
Buena Park
R1, R2, R3
Costa Mesa
R1, R2, R3
Cypress
R1, R2, R3
Dana Point
R1, R2, R3
Fountain Valley
R1, R2, R3
Fullerton
R1, R2, R3
Garden Grove
R1, R2, R3
Huntington Beach
R1, R2, R3
Irvine
R1, R2, R3
La Habra
R1, R2, R3
2023-2024
Orange County Grand Jury Page 16
21-23
E-bikes Friend or Foe
La Palma
R1,
R2,
R3
Laguna Beach
R1,
R2,
R3
Laguna Hills R1, R2, R3
Laguna Niguel
R1, R2, R3
Laguna Woods
R1, R2, R3
Lake Forest
R1, R2, R3
Los Alamitos
R1, R2, R3
Mission Viejo
R1, R2, R3
Newport Beach
R1, R2, R3
Orange
R1, R2, R3
Placentia
R1, R2, R3
Rancho Santa Margarita
R1, R2, R3
San Clemente
R1, R2, R3
San Juan Capistrano
R1, R2, R3
Santa Ana
R1, R2, R3
Seal Beach
R1, R2, R3
Stanton
R1, R2, R3
Tustin
R1, R2, R3
Villa Park
R1, R2, R3
Westminster
R1, R2, R3
Yorba Linda
R1, R2, R3
2023-2024 Orange County Grand Jury 3 _, ; Page_17
21-24
E-bikes Friend or Foe
:4 =1 J 40=1kiD]*`
2 On Your Side: "Orange County Sees Spike in E-bike Accidents" KCAL NEWS, Nov 3,
2021
https://www.bi ng.com/videos/search?q=ebike+injurys+in+orange+county+CA&docid=60
3525694912734209&mid=D1537F514A8F881 DE2A9D1537F514A8F881 DE2A9&view=
detail&FORM=VIBE
Biesiada, Noah , "Orange County Cities Struggle to Handle Electronic Bike Regulations"
Voice of OC , Dec 20, 2022 htt s://voiceofoc.or /2022/12/oran e-count -cities-stru le -
to -hand le-electric-bike-req ulations/
Biesiada, Noah, "Orange County Cities Crack Down on E-bikes with Stricter
Regulations" Voice of OC, Sep 28, 2023 https//Orange County Cities Crack Down on E-
Bikes With Stricter Regulations (voiceofoc.orq)
Connelly, Laylan, "E-bike Lady educates new riders before hitting streets on electric
bikes" Orange County Register, Jan 3, 2024, https/1_E_-bike lady' educates new riders
before hitting streets on electric bikes — Orange County Register (ocregister.com)
DMV Motorcycle Handbook, Two Wheel Vehicle Operation, Electric Bicycles
httpsJ/www.d mv.ca.gov/portal/handbook/motorcycle-handbook/two-wheel-vehicle-
operation/
"E-Scooter and E-bike-Injuries Saar-2022 Injuries Increased nearly 21%" Consumer
Product Safety Commission, Oct 17, 2023
E-Scooter and E-Bike Injuries Soar: 2022 Injuries Increased Nearly 21%1 CPSC.gov
Fleming, Shawn "Electric Bike Sales grew by 145% in the US Last Year" World
Economic Forum, Mar 12, 2021
Sales of electric bicycles are up all over the world I World Economic Forum
(weforum.org)
Fry, Hannah, "On Orange County Beaches, proliferation of e-bikes brings battle to the
boardwalk" Los Angeles Times, Jan 16, 2023
htt s://www.latimes.com/california/star /2023-01-16/ma hem-on-the-boardwalk-oran e-
county-cities-tackle-e-bikes-with-varying-results
Irvine Watchdog, "Irvine Transportation Commission to propose E-bike safety
ordinance" May 14,2023 https://irvinewatchdog.org/city-hall/transportation-
commission/irvine-transportation-commission-to-propose-e-bike-safety-ordinance/
Kelly, Charles M. "Council approves introduction of e-bike ordinance City of Seal
Beach" Sun News May 10 2023 htt s://www.sunnews.or /council -a roves-
introd uction-of-e-bike-ordinance)
2023-2024 Orange County Grand Jury Page 18
21-25
E-bikes Friend or Foe
OC Bike E-Bikes
https alocta.netlgetting-aroundlactiveloc-bikele-bi kesl
Orange County Public Works, E-Bike Safety in the County of Orange
httr)s:/Iocio.ocoublicworks.com/e-bike
Orange County Sheriff's Department, E-bike Safety The focus for National Bike Safety
Month https://www. ocshe riff ov/news/e-bike-safet -focus-national-bike-safe# -month
Orange County Sheriff's Office Training Bulletin, Jan 4, 2023
https://www.ocsheriff.gov/sites/ocsd/files/2023-011Bu iletin%2023-
01%20Enforcement%20and%2QHandling%20of%20EIectric%2OBicVcles%2C%2OMotor
cycles%20and%2OMotorized%2OScooters Redacted.pdf
Pimental, Joseph, "In Los Alamitos students will need a permit to ride e-bikes to and
from school", Spectrum News Jan 23,2023 https://spectrumnews1.com/ca/la-
west/p u b Ii c-safety/2023/01l201i n-los-a lam itos—students-will-need-a-permit-to-ride-e-
bikes-to from -school
2023-2024 Orange County Grand Jury Page 19
21-26
E-bikes Friend or Foe
GLOSSARY
CNBCA Central Newport Beach Community Association
CVC California Vehicle Code
E-bike Electric bicycle
HVE High Visibility Enforcement
OCGJ Orange County Grand Jury
OCSD Orange County Sheriff's Department
OCTA Orange County Transportation Authority
2023-2024 Orange County Grand Jury
Page 20
21-27
APPENDICES
E-bikes Friend or Foe
APPENDIX 1
Current County of Orange E-Bike Laws - Unincorporated Areas 1
• All E-bikes are required to have a label that describes classification, top assisted
speed, and motor wattage.
• Helmets are recommended for all E-bike users. If you are under 18, it's required!
• It is illegal to carry passengers on your E-bike unless your bike has an extra
permanent seat or when using a child safety seat.
• E-bikes shall not be operated in excess of their designed speed or the speed
limit, whichever is lower, on the road, and in no event in excess of 10 miles per
hour on paved trails.
• E-bike shall not be operated in excess of 5 miles per hour on sidewalk.
• Riding on the road against the flow of traffic is prohibited.
Orange County Public Works. 2024. "E-bike Safety in the County of Orange." Accessed May
22. 2024. https://www.ocgov.com .
2023-2024 Orange County Grand Jury Page 21
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E-bikes Friend or Foe
APPENDIX 2
California Vehicle Code Section 312.5 as of December 23, 2023
An electric bicycle is a bicycle equipped with fully operable pedals and an electric motor
of less than 750 watts. Three classes of electric bicycles have been established:
Class 1: A low speed pedal -assisted electric bicycle equipped with a motor which
provides assistance only when the rider is pedaling and ceases to provide
assistance when a speed of 20 mph is reached.
Class 2: A low speed throttle -assisted electric bicycle equipped with a motor
used exclusively to propel the bicycle and NOT capable of providing assistance
when a speed of 20 mph is reached.
Class 3: A low speed pedal -assisted electric bicycle equipped with a
speedometer, and a motor which provides assistance only when the rider is
pedaling and ceases to provide assistance when a speed of 28 mph is reached.
The operator of a Class 3 electric bicycle:
• Must be 16 years old or older.
• Must wear a bicycle safety helmet.
• Must not transport passengers.
• May ride an electric bicycle in a bicycle lane if authorized by local authority
or ordinance.
All electric bicycle classes are exempt from the motor vehicle financial responsibility,
driver's license, and license plate requirements (CVC § 24016).
2023-2024 Orange County Grand Jury Page 22
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E-bikes Friend or Foe
APPENDIX 3
California Assembly Bills
Listed below are some of the bills introduced into the State legislature, as published by
LegiScan, that have a variety of proposed regulations regarding E-bikes. This is by no
means a comprehensive list, and in the interest of brevity we do not include the text of
each bill.
AB 458 10/08/2023 Chaptered-Regulation of insurance requirements for businesses
renting micro mobility vehicles, a category which includes E-bikes.
AB 1773 04/01/2024 In committee -Where E-bikes are permitted to operate.
AB 1774 04/09/2024. This bill would prohibit a person from selling a product or device
that can modify the speed capability of an electric bicycle such that it no longer meets
the definition of an electric bicycle.
AB 2234 04/01/2024 In committee: The bill will require anyone over the age of 12
without a valid driver's license to take an online e-bike safety training course and pass a
written test to prove they understand traffic safety rules. Those without a valid driver's
license must have a state -issued ID to operate an E-bike.
SB 295 06/16/2023 In committee. Allows Public Agency authority to regulate E-bikes,
et. al. on public property.
SB 381 10/13/2023 Chaptered-Comprehensive study of E-bikes.
SB 1271 04/11/2024. This bill would clarify that an electric bicycle is a bicycle equipped
with fully operable pedals and an electric motor with continuous rated mechanical power
of not more than 750 watts. The bill would, if an electric bicycle is capable of operating
in multiple modes, require a manufacturer and distributor to include on the label the
classification number of the highest classes of which it is capable of operating. Also
requires lab accreditation of micro mobility batteries.
2023-2024 Orange County Grand Jury Page 23
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E-bikes Friend or Foe
APPENDIX 4
County of Orange Ordinance No. 18-002
AN ORDINANCE OF THE COUNTY OF ORANGE, CALIFORNIA AMENDING
SECTION 2-5-29(n) OF THE CODIFIED ORDINANCES OF THE COUNTY OF
ORANGE, REGARDING PROHIBITED MOTORIZED WHEELED CONVEYANCES.
The Board of Supervisors of the County of Orange ordains as follows:
SECTION 1. Section 2-5-29(n) of the Codified Ordinances of the County of Orange
is hereby amended to read as follows:
Sec. 2-5-29.- Vehicle regulation.
(n) Motorized Wheeled Conveyance prohibited. No person shall operate or
drive any electric or combustible motorized skateboard, scooter, dirt bike, mini bike, mini
motor bike, mini motorcycle, go-kart, go-ped, all -terrain vehicle, quad runner, dune
buggy or any similar electric or combustible motorized conveyance in any park, beach
or recreational area, with the exception of Class 1 and Class 2 electric bicycles, as
defined by the California Vehicle Code, on those regional paved, off -road bikeways
designated for such use by the Director of OC Parks, with the approval of the Board of
Supervisors.
2023-2024 Orange County Grand Jury Page 24
21-31
California Penal Code Sections_§933 and §9_3,3.05
(Note: To reduce grand jury requests for additional response information, the grand Jury has bolded those words in §933.05
which should be appropriately included in a response.)
933. (a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and
-recommendations that pertain to county government matters during the fiscal or calendar year, Final reports on any
appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service
of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments,
inAie inrr th CC tntir board o f Sri t r :r5or ,kvhcn applicable irnn f diner n�'t ant L J b s n Lr h PCIftfY16 I1IfIffP. illAr tllP rP,l}r�lt 1C ill
opuipliarice_with this. title;_For _O,,days after, the end of the term, the foreperson and his or her designees shall, upon
reasonable notice, be available to clarify the recommendations of the report.
e copy final repott,Iogether.:with the responses thereto, found to be in compliance with this title shall be
placed on_f.[e-Gvith the. x leik.of the courC =and remain on file in the office of the clerk. The clerk shall immediately
fbiward a true copy _of_the report- and-the.zesponses to the State Archivist who shall retain that report and all responses
in perpetuity.
(c) -No_ later than-90 days after the:grand jury submits. a final report on the operations of any public agency subject to its
rev__iewing authority, .the governing body _Qf the public agency shall comment to the presiding judge of the superior court
ori_the-finding
s and recommendations-pertaining_to matters under the control of the governing body, and every elected
- county officei or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment
within _clays to the.presidiitg judge of:the:superior court, with an information copy sent to the board of supervisors,
on. the -findings and recommendations pertaining to matters under the control of that county officer or agency head and
- _ any agency -or. -agencies which thatofflcer or agency head supervises or controls. In any city and county, the mayor
shall a[so_comment.oathe:fnditigs :and recommendations. All of these comments and reports shall forthwith be
submitted to the presiding jtrdge.;of the _superior court who impaneled the grand jury. A copy of all responses to grand
jury reports shall be.placed on file with the clergy of the public agency and the office of the county clerk, or the mayor
-when-applicable,-and.sliall remain on file in those offices. One copy shall be placed on file with the applicable grand
jury -final report by, and.in the .controf of f[te currently impaneled grand jury, where it shall be maintained for a
minimum of five years.
(d) As used in this section "agency` includes a department.
933.05._ (a). For •purposes of-subdiyision (_b) of Section. 43i, as to each grand jury finding, the responding person or entity shall
indicate one of the following:
(1) The respondent agrees with the finding.
_(2) The respondent -.disagrees wholly or partially with the finding, in which case the response shall specify the portion
ofthe_finding-that is disputed and shall include an explanation of the reasons therefor.
(b) For purposes of subdivision (b) of Section 933, as to each grand, jury recommendation, the responding person or entity_
shall report one of the following actions:
__-=__v(1)__.Tlie_reeonilrxendatiort h_as..been.impleinented, with a summary regarding the implemented action.
(2)- -The -recornmendation-_has- not _yet:.becwirip.lemented, but will be implemented in the fixture, with a tirneframe
for implementation.
..:(3)_Th-execommendation requires Further -analysis, with an explanation and the scope and parameters of an analysis
- or_studyi and a timefraine _for -the matter to be prepared for discussion by the officer or head of the agency or
------ de-partmerit being investigated or reviewed; including the governing body of the public agency when applicable. This
timeframe shall not exceed six months from the date of publication of the grand jury report.
.(4) - The.recoinmendatton will riot be implemented because it is not warranted or is not reasonable, with an
explanation therefor.
(c)_ However, i--a..fifid_ ing or_recornmendation-of the grand jury addresses budgetary or personnel matters of a county
,agency ar department_headed,by art.ciccted-officer, .both the agency or department head and the board of supervisors
_sLiall-respond if. regw.sted...lay:the.grand jury., but the response of the board of supervisors shall address only those
bxtdgetary or personnel matters over which it has some decision making authority. The response of the elected agency
-or department head shall -address aiLa_s-pects of the findings or recommendations affecting his or her agency or
department.
(d) A grand: jury may -request -a�ubjectperson or entity to come before the grand jury for the purpose of reading and
,disc-ussi-ng_the findings of the grand jury. .report that relates to that person or entity in order to verify the accuracy of the
findings prior to their release.
(e) - During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation,
unless the Court, either on its own determination or upon request of the foreperson of the grand jury, determines that
such a meeting would be detrimental.
(f A grand jury shall provide to the affected agent}r_a copy of the portion of the grand jury report relating to that person or
entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency,
department, -Pr governing. body�of,&pub Iic.agency shall disclose any contents of the report prior to the public release of
21-32
21-33
Mayor
Will O'Neill
Mayor Pro Tern
Joe Stapleton
Council Members
Brad Avery
Noah Blom
Robyn Grant
Lauren Kleiman
Erik Kenneth Weigand
August 27, 2024
Honorable Maria Hernandez
Presiding Judge
Superior Court of California,
700 Civic Center Drive West
Santa Ana, CA 92701
Orange County
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3004 1949 644-3039 FAX
newportbeachca.gov
Re: Response to Grand Jury Report, "E-bikes: Friend or Foe"
Dear Honorable Judge Hernandez:
In accordance with Penal Code 933.05 (a) & (b), the City of Newport Beach and
the Newport Beach Police Department (NBPD) respond as follows in regard to
"Findings" F1, F2, and F3, and "Recommendations" R1, R2, and R3 as detailed in
the 2023-2024 Orange County Grand Jury report, "E-bikes: Friend or Foe."
FINDING
F1. The majority of Orange County's 34 cities do not have ordinances or
policies in place, which makes it difficult to address the safe operation and
regulation of E-bikes leading to confusion.
RESPONSE
The City of Newport Beach partially disagrees with this finding. Although state
laws are being outpaced by technology, there are clear guidelines for E-bikes. E-
bicyclists are obligated to follow the same road rules as any bicyclist; all vehicle
and municipal codes that apply to bicycles also apply to E-bike operation. The
City of Newport Beach has several municipal codes that directly enforce laws for
E-bikes and relate directly to the boardwalk referenced in the Grand Jury report.
Several of the municipal codes that provide guidelines for the safe operation of
E-bikes are listed below.
12.54.025 Motorized Scooters- No person(s) shall operate or ride a motorized
scooter upon the boardwalk. (Ord. 2020-24 § 1 (part), 2020: Ord. 2001-7 § 2
(part), 2001)
12.54.030 Speed Limit- No person using the boardwalk shall exceed eight miles
per hour while on the boardwalk. (Ord. 2020-24 § 1 (part), 2020: Ord. 2001-16 §
3, 2001: Ord. 2001-10 § 2, 2001: Ord. 2001-7 § 2 (part), 2001: Ord. 91-53 § 2
(part), 1991)
12.54.040 Unsafe Operation- No person using the boardwalk shall engage in any
activity on the boardwalk that creates an unreasonable risk of injury to any person.
(Ord. 2020-24 § 1 (part), 2020: Ord. 2001-16 § 4, 2001: Ord. 2001-10 § 3, 2001:
Ord. 2001-7 § 2 (part), 2001: Ord. 91-53 § 2 (part), 1991)
Newport Beach Municipal Code 12.56.010 contains several municipal codes
specifically regulating bicycles and their operation on roads and sidewalks.
California Vehicle Code section 312.5, which is referenced in the municipal code,
provides a guideline as well definitions of E-bikes.
CVC 312.5.
(a) An "electric bicycle" is a bicycle equipped with fully operable pedals and an
electric motor of less than 750 watts.
(1) A "class 1 electric bicycle," or "low -speed pedal -assisted electric bicycle," is a
bicycle equipped with a motor that provides assistance only when the rider is
pedaling, and that ceases to provide assistance when the bicycle reaches the
speed of 20 miles per hour.
(2) A "class 2 electric bicycle," or "low -speed throttle -assisted electric bicycle," is a
bicycle equipped with a motor that may be used exclusively to propel the bicycle,
and that is not capable of providing assistance when the bicycle reaches the speed
of 20 miles per hour.
(3) A "class 3 electric bicycle," or "speed pedal -assisted electric bicycle," is a
bicycle equipped with a motor that provides assistance only when the rider is
pedaling, and that ceases to provide assistance when the bicycle reaches the
speed of 28 miles per hour, and equipped with a speedometer.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article
4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c) On and after January 1, 2017, manufacturers and distributors of electric
bicycles shall apply a label that is permanently affixed, in a prominent location, to
each electric bicycle. The label shall contain the classification number, top assisted
speed, and motor wattage of the electric bicycle, and shall be printed in Arial font
in at least 9-point type.
Additional vehicle code sections assist in the enforcement and legal standing
related to a variety of out -of -class E-bikes. Many of these out -of -class E-bikes are
technically electric motorcycles, which requires them to be registered and operated
by a licensed rider. These out -of -class E-bikes aren't permitted in areas utilized by
normal bicycle traffic.
FINDING
F2. Due to the increasing incidence of E-bike injuries and deaths, there is a
need for consistent and accurate tracking by law enforcement and first
responders, which does not exist.
RESPONSE
The City of Newport disagrees partially as this statement is inaccurate as it relates
to the City of Newport Beach. The NBPD uses the CentralSquare Records
Management System (RMS) and report writing system, which has been
configured to specifically address E-bike documentation. In the traffic accident
module, a specific section indicates if an E-bike was involved. Our RMS module
compiles crash data related to E-bike accidents.
FINDING
F3. Training and education on E-bike use and safety varies from city to city
causing confusion amongst bike riders.
RESPONSE
The City of Newport Beach disagrees partially. In 2014, the City of Newport Beach
implemented the citywide Bicycle Master Plan. This document is a testament to
the City's commitment to developing a comprehensive bicycle network, defining
bicycle improvements, creating bicycle education programs, and identifying
funding opportunities for future projects.
The City has adopted the three E's (Engineering, Education and Enforcement) and
is working with its residents and schools to educate the community on the
importance of safely using roadways, bike lanes, crosswalks and sidewalks for all
users. The City has placed a great deal of information on its website related to
bicycle safety efforts:
https://www.newportbeachca.gov/trending/protects-issues/other-important-
issues/bicycle-master-plan/same-road-same-rules
The Newport Beach Police Department has provided presentations on the topic
of bike and E-bike safety to thousands of residents of Newport Beach and
students in the Newport -Mesa Unified School District. The NBPD has also given
these presentations to private schools, organizations, community event
participants, and the Newport Beach Junior Lifeguard Program.
During these safety presentations, NBPD officers give an interactive PowerPoint
presentation, allow time for a Q&A period, and provide reading material at the end
of the presentation. The PowerPoint presentation covers the California Vehicle
Codes related to bicycle and E-bike riders, such as: road rules, proper use of
bicycle helmets, stopping for red lights and stop signs, and traveling in the same
direction as vehicle travel. NBPD officers provide real -life examples to students
and encourage intelligent and mature riding behavior, such as: riding as a solo
rider, not using their cell phones while the bicycle is in motion and wearing closed -
toed shoes when riding their bikes. At the end of the presentations, the officers
give the attendees a "pop quiz" to ensure that the information has been received
appropriately. The NBPD has also teamed up with Ensign Middle School, which
requires its students to attend this presentation and pass the provided test before
they are allowed to ride their bicycles to school.
Office of the Mayor
The NBPD Traffic Division works with community centers to provide the same
education outside school hours to reach a greater audience. The PowerPoint
presentations are continuously updated to reflect the most up-to-date information,
rules and data.
The NBPD Traffic Division has taken a proactive approach to creating a program
that addresses the common issues regarding bicycles and E-bikes within Newport
Beach. Most of these educational presentations are funded by grants through the
California Office of Traffic Safety.
RECOMMENDATION
R1. Each Orange County city should have specific policies that define the
rules of the road for use of E-bikes in their communities by December 1,
2024.
RF.qprIKI.qF
The City of Newport Beach has implemented this recommendation. As previously
described, the State of California has defined an E-bike, designated three specific
classes of E-bike, and set rules as to who may operate them. E-bikes, by
definition, are still bicycles, and therefore, they need to adhere to all of the same
rules. The City of Newport Beach has very definitive rules relating to bicycle
operations on streets, sidewalks and the boardwalk. The City utilizes the
California Vehicle Code and City of Newport Beach Municipal Code to conduct
enforcement.
RECOMMENDATION
R2. Each Orange County city should have a mechanism in place to report
accidents, injuries and death involving E-bikes by December 1, 2024.
RESPONSE
The City of Newport Beach has implemented this recommendation. As previously
described, the Newport Beach Police Department utilizes the CentralSquare RMS
and report writing systems for record keeping. CentralSquare's accident reporting
feature has a specific portion that documents E-bikes. NBPD can access
CentralSquare to pull statistics related to E-bike accidents. It allows the
department's personnel to access the primary collision factor, which party was at
fault, the age of all involved parties, and numerous other statistics. Recently, the
State Assembly asked the NBPD to share these statistics, due to how effective
the NBPD's system is at collecting that information.
RECOMMENDATION
R3. Each Orange County city should research and develop outreach and
education programs regarding the safe operation of E-bikes for their
residents by December 1, 2024.
Office of the Mayor
RFSPONSF
The City of Newport Beach has implemented this recommendation. As previously
described, the NBPD has been conducting extensive education throughout the
community related to E-bike safety. Our police department's Traffic Division
conducts mandated training with all of the schools within Newport Beach. We also
provide several presentations each year at community events throughout the city.
The City of Newport Beach has a comprehensive bicycle master plan, which is
available online through its website. The website provides volumes of information
and resources to our community:
https://www.newportbeachca.gov/home/showpublisheddocument/l 8599/635682
493202100000
Should you or any members of the Grand Jury have questions about our response,
please contact Police Chief Joe Cartwright at jartwright@nbpd.org or 949-644-
3701.
Sincerely,
Will O'Neill
Mayor