Operating an “Electric” bicycle following a Driver License suspension

Is it legal for me to ride an electric bicycle while my driver license is suspended? Any person in the State of California who has been convicted of driving under the influence or who has been sanctioned by the Department of Motor Vehicles for driving with an excessive blood alcohol concentration will likely have their privilege to drive suspended for a period of time.  We live in a highly mobile world and many times our citizens will find themselves facing the challenge of getting to work or school without the ability to drive; and because our public transportation systems do not cover much of the state, the ability to travel a distance in short periods of time can be problematic. California drivers who have suffered the temporary loss of their driving privilege may consider a variety of options:

• Paying for a taxi or Uber for transportation.
• Paying for a private limousine or driver.
• Borrowing or renting a motorhome that can be parked close to one’s job site.
• Renting a hotel room close to one’s job site
• Purchase or rental of an electric bicycle or motorized scooter.

The option to ride an electric bicycle or motorized scooter will not work for everyone.  However, for those people who only have to travel a distance of 5-10 miles each day, perhaps one of these alternatives may make sense. It is perfectly legal for a person to ride an electric bicycle or motorized scooter during a period of driver license suspension, provided the device they are riding falls within the proper definition of the vehicle code (see below). To be legal, the operator must:

• Be 16 years of age or older
• Wear a properly fitted and fastened bicycle helmet.

If the operator of an electric bicycle or motorized scooter complies with these standards, and they operate a proper device, then CVC section 12804.9 exempts them from the motor vehicle financial responsibility laws and  a driver license.

What is an “Electric” bicycle or “Motorized” scooter? California Vehicle Code (CVC) section 406(b) defines an “electric” bicycle as any two or three wheeled device that cannot be driven at speeds of more than 20 mph.  The electric bicycle will be equipped with:

• Fully operative pedals for human propulsion
• An electric motor (not more than 1,000 watts) that cannot exceed 20 mph even if assisted by human propulsion.

California Vehicle Code (CVC) section 407.5 defines a “motorized” scooter as any two wheeled device that has handle bars, a floorboard designed to be stood upon when riding, and is powered by an electric motor.

If the DMV is acting to suspend your driver license, call us.The California Department of Motor Vehicles is the government entity empowered to suspend or revoke a person’s driver license for a wide variety of reasons.  Whether you’ve arrested for DUI, have accumulated too many points on your driving record, or have been involved in a fatality traffic collision, we can help. If the DMV is taking any action to suspend or revoke your driver license, call the DMV Defense Experts at California Drivers Advocates.