HomeMy WebLinkAbout14 RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT, “E-BIKES, FRIEND OR FOE”Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
Agenda Item
14
AGENDA REPORT Reviewed:
City Manager
Initial
Q5
Finance Director
N/A
SEPTEMBER 17, 2024
ALDO E. SCHINDLER, CITY MANAGER
STU GREENBERG, POLICE CHIEF
RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY
REPORT, "E-BIKES, FRIEND OR FOE"
On June 13, 2024, the City received the Orange County Grand Jury report titled "E-bikes,
Friend or Foe" which examined the impact of E-bikes on Orange County communities,
focusing on regulation, education, and safety. The Grand Jury report requires the City to
respond to three findings and three recommendations outlined in the report. Pursuant to
California Penal Code 933.05(a) and (b), the City's response must be submitted to the
Presiding Judge of the Superior Court by September 19, 2024, unless an extension is
granted.
RECOMMENDATION:
It is recommended that the City Council review and approve the proposed response to the
2023-2024 Orange County Grand Jury report titled "E-bikes, Friend or Foe" in the
form attached.
FISCAL IMPACT:
None.
CORRELATION TO THE STRATEGIC PLAN:
The required response to the Grand Jury advances Public Safety and Protection of Assets,
Goal B in the Strategic Plan).
BACKGROUND AND DISCUSSION:
The 2023-2024 Orange County Grand Jury conducted an investigation into E-bike
regulation, education, and safety, with a particular focus on the regulations adopted by
Orange County cities. The Grand Jury's report revealed significant disparities among the
34 cities in their approach to regulation, safety, enforcement, and education concerning E-
Docusign Envelope ID: A378D9AB-B8A3-461D-8C58-E562DC6AAEA6
City Council Agenda Report
Response to 2023-2024 Orange County Grand Jury Report, "E-bikes, Friend or Foe"
September 17, 2024
Page 2
bikes. It highlighted an urgent need for consistent ordinances to regulate and enforce safe
E-bike use across all cities, school districts, parks, and unincorporated areas.
The report identified three Findings and three Recommendations. Pursuant to California
Penal Code Section 933, the City is required to respond to each of these Findings and
Recommendations. California Penal Code Section 933.05 outlines the specific manner in
which these responses and comments must be provided:
Findings: As to each grand jury finding, the City must indicate one of the following:
(1) The City agrees with the finding; or
(2) The City 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 therefor.
Recommendations: As to each grand jury recommendation, the City must report one of
the following actions:
(1) The recommendation has been implemented, with a summary regarding the
implemented action; or
(2) The recommendation has not yet been implemented, but will be implemented
in the future, with a timeframe for implementation; or
(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 City. This timeframe shall not exceed six months
from the date of publication of the grand jury report; or
(4) The recommendation will not be implemented because it is not warranted or is
not reasonable, with an explanation therefor.
Tustin Police Department staff has prepared the recommended responses,
attached hereto Because the Grand Jury Report was issued on June 20, 2024, the
response is required to be submitted to the Presiding Judge of the Superior Court on or
before Thursday, September 19.
Signed by:
l � C,Vt,t,In krt
Stu Greenberg
Police Chief
Attachments:
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City Council Agenda Report
Response to 2023-2024 Orange County Grand Jury Report, "E-bikes, Friend or Foe"
September 17, 2024
Page 3
1. 2023-2024 Orange County Grand Jury report, "E-bikes, Friend or Foe"
2. Proposed Response to the 2023-2024 Orange County 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
CITY MANAGER'S OFFICE
The Honorable Austin Lumbard JUN 17 2024
City of Tustin
300 Centennial Way RECEIVED°4
Tustin, CA 92780
Dear Mayor Lumbard:
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 reportprior 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 all recommendations are implemented.
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) permits 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.oc rgrandiury.org.
Very truly yours,
Michael J. Ver engia, Foreperson
2023-2024 ORANGE COUNTY GRAND JURY
MJV:jm
Enclosures: Grand Jury Report
Penal Code 933, 933.05
Cc: Nicole Bernard, Acting City Manager
E-bikes
Friend or Foe
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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
REQUIREDRESPONSES.........................................................................................14
REFERENCES..............................................................................................................18
GLOSSARY.................................................................................................................. 20
APPENDICES............................................................................................................... 21
APPENDIX1..............................................................................................................21
Current County of Orange E-Bike Laws - Unincorporated Areas .................... 21
APPENDIX2..............................................................................................................22
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
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E-bikes Friend or Foe
SUMMARY
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.
BACKGROUND
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
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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
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
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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
o 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
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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
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E-bikes Friend or Foe
• Do you track injuries/deaths from E-bike accidents, injuries, fatalities?
Yes 11
No 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
it
Police
13
10
Sheriff
6
8
Lifeguards
0
Park Rangers
6
8
10
Private Security
0
4
Other
0
2
u
2023-2024 Orange County Grand Jury Page 5
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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:
ME!4
21
0
1
13
5
4
8
2
12
16
0
6
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?
! Yes 0
No 22
Unknown 0
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.
o In your city, are E-bikes expected to travel in the same direction or
opposite direction from street traffic?
Same direction
16
Opposite direction
1
Both directions
2
Unknown
3
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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
40 No 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?
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- Ian,
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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
No 15
10 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 local 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 tools for e-bike riders. 1 have made contact with our local elected officials in
reference to securing funds for e-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.
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(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
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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
F1, 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
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E-bikes Friend or Foe
San Juan Capistrano
F1, F2, F3
Santa Ana
F1, F2, F3
Seal Beach
F1, F2, F3
Stanton
F1, F2, F3
Tustin
F1, F2, F3
Villa Park
F1, F2, F3
Westminster
F1, F2, F3
Yorba Linda
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
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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 Page 17
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E-bikes Friend or Foe
REFERENCES
2 On Your Side: "Orange County Sees Spike in E-bike Accidents" KCAL NEWS, Nov 3,
2021
https://www bing.com/videos/search?q=ebike+in'urys+in+orange+county+CA&docid=60
3525694912734209&mid=D1537F514A8F881 DE2A9D1537F514A8F881 DE2A9&view=
detail&FORM=VIRE
Biesiada, Noah , "Orange County Cities Struggle to Handle Electronic Bike Regulations"
Voice of OC , Dec 20, 2022 https://voiceofoc.org/2022/12/orange-county-cities-struggle-
to-handle-electric-bike-regulations/
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.org)
Connelly Laylan "E-bike Lady educates new riders before hitting streets on electric
bikes" Orange County Register Jan 3 2024 httpsHE-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
https://www.d mv.ca.gov/portal/handbook/motorcycle-handbook/two-wheel-vehicle-
operation/
"E-Scooter and E-bike-Injuries Soar-2022 Injuries Increased nearly 21 W Consumer
Product Safety Commission, Oct 17, 2023
E-Scooter and E-Bike Injuries Soar: 2022 Iniuries Increased Nearly 21 % I 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
https://www.latimes.com/california/story/2023-01-16/mayhem-on-the-boardwalk-orange-
county-cities-tackle-e-bi kes-with -varyinq-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, https://www.sunnews.org/council-approves-
i ntrod uction-of-e-bike-ordinance/
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OC Bike, E-Bikes
https://octa.net/getting-around/active/oc-bike/e-bikes/
Orange County Public Works, E-Bike Safety in the County of Orange
https:Hocip.ocpublicworks.com/e-bike
Orange County Sheriff's Department, E-bike Safety The focus for National Bike Safety
Month https://www.ocsheriff.gov/news/e-bike-safety-focus-national-bike-safety month
Orange County Sheriff's Office Training Bulletin, Jan 4, 2023
https://www.ocsheriff.gov/sites/ocsd/files/2023-01 /Bulletin`/`2023-
01%20Enforcement%20and%20Handling %20of%20Electric%20Bicycles%2C%20Motor
cvcles%20and%20Motorized %20Scooters 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/public-safety/2023/01 /20/in-los-alamitos—students-will-need-a-permit-to-ride-e-
bikes-to—from-school
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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
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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 .
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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).
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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-Compre hensive 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.
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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
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California Penal Code Sections 033 and 033.05
(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 set -vice
of a grand jury. A final report may be, submitted for comment to responsible officers, agencies, or departments,
i.n.Plrldinrr tha nnun hl board f sunetvrSotS cuhan annllnahiA «nnn fnndincr of tha nracirlinQ inrlva that the. rennrt is in
e1, r.... ..a J --a- r
comp iance_with this title. ,For-45 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_co_py_ of:ea_c (b) On11 final report.,together..with the responses thereto, found to be in compliance with this title shall be
-
placed on_frle with the clerlc:of the'court.aid remain on file in the office of the clerk. The clerk shall immediately
forward a true copy _of the. repott_and the responses to the State Archivist who shall retain that report and all responses
in perpetuity.
(c) -No_ later than 90 days afterahe;grand jury..submits- a final report on the operations of any public agency subject to its
rev'r.ewing authority-, the governing body _of -the. public agency shall comment to the presiding judge of the superior court
on_t_he findings and recommendations bertaining_to.matters under the control of the governing body, and every elected
county officer or agency head for which the. grand jury has responsibility pursuant to Section 914.1 shall comment
withui 60_days to the -presiding judge of:the:superior court, with an information copy sent to the board of supervisors,
on the findings and recomrneiidations:pertairiing to matters under the control of that county officer or agency head and
__. any agency_or.agencies_which that officer. or agency head supervises or controls. In any city and county, the mayor
_shall also.co.mmeat-also .fndings :and recommendations. All of these comments and reports shall forthwith be
-submitted-to the presiding judge. of.the-s_uperior-court who impaneled the grand jury. A copy of all responses to grand
jury reports shall-be.placed on frlevith theclerl4-ofthe public agency and the office of the county clerk, or the mayor
when_applicab.le,and .shall remain on file -in those. offices. One copy shall be placed on file with the applicable grand
jury.final- report by, and-in.the. control _ofthe 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 pur..poses of subdivision (b) of Section. 933, as to each grand jury finding, the responding person or entity shall
indicate one of the following:
(1) The respondent agrees with the finding.
_The: respo_rldent disagrees wholly or: partially with the finding, in which case the response shall specify the portion
-of :the .frnding 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:
-_.(1) _The_reconmeridation has. -been implemented, with a summary regarding the implemented action.
-; -(2) : _The recommendation -recommendation -yet -yet. but wiI[ be implemented in the future, with a timeframe
for implementation.
(3) ThQ.._recQmmendation feq.uires 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
0mef ame_sh..all not exceed six months from the date of publication of the grand jury report.
(4)- The recommendation-.ivilI not be implemented because it is not warranted or is not reasonable, with an
explanation therefor.
{c)_ However, - fa finding_or.recommendation of the grand jury addresses budgetary or personnel matters of a county
- agency or:department-headed-by an_elected offtcer;: both the agency or department head and the board of supervisors
- shall_resporid _if requested.:by_ahe:gra_nd 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 erected agency
or department.head shall-address-peets of the findings or recommendations affecting his or her agency or
department.
(d) A grand, jury mayrequest-a-::subj.ect person or entity to come before the grand jury for the purpose of reading and
discussingahe fmdings_of tlze.: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; P, grand juryaha[l provide to the affected agency -acopy of the portion of the grand jury report relating to that person or
entity two working days prior -to itUubtic release and after the approval of the presiding judge. No officer, agency,
• = department; Or governing body of a public agency shall disclose any contents of the report r)rior-to the<aublicreleas-nf
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Office of the City Council
September 17, 2024
Honorable D. Maria Hernandez, Presiding Judge
Superior Court
700 Civic Center Drive
Santa Ana, CA 92701
Re: Response to 2023-2024 Orange County Grand Jury Report "E-bikes Friend or Foe"
Your Honor:
On June 13, 2024, the Orange County Grand Jury issued a report entitled "E-bikes Friend or Foe" that
examined how E-bikes were impacting Orange County communities.
At the conclusion of its analysis, the Grand Jury made three findings and three recommendations and required
responses from the City to all three findings and all three recommendations.
In accordance with California Penal Code 933.05(a) and (b), the Orange County Grand Jury requires
responses of each of the findings and recommendations. The City of Tustin responds as set forth below.
FINDINGS
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 Fl: The City of Tustin agrees with Finding 1. The City of Tustin borders the following cities:
Orange, Irvine, Santa Ana and unincorporated County area patrolled by Orange County
Sheriff's Department. As individuals travel through the City of Tustin it would be difficult to determine
where our city ends and the next city begins. This is true with most of Orange County as most areas are
developed with residential and businesses. Having consistent ordinances as it relates to E-bikes would
assist E-bike riders to know what is legal and safe as they travel city to city.
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.
Response F2: The City of Tustin partially disagrees with Finding 2. It would be beneficial to measure E-
bike injuries and deaths in order to analyze if a problem exists in our jurisdiction. Additionally, it would help
measure if our education and enforcement efforts are effective.
F3: Training and education on E-bike use and safety varies from city to city causing confusion amongst bike
riders.
Response F3: The City of Tustin partially disagrees with Finding 2. Tustin PD's Traffic Unit has actively
conducted bicycle safety classes at schools in Tustin Unified School District (TUSD) incorporating essential
Mayor Austin Lumbard • Mayor Pro Tem Ryan Gallagher • Letitia Clark • Rebecca "Beckie" Gomez • Ray Schnell
300 Centennial Way • Tustin, California 92780 www.tustinca.org
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Honorable D. Maria Hernandez, Presiding Judge
September 17, 2024
Page 2
E-bike safety education. However, Tustin has not undertaken a survey of neighboring cities to identify
variations in safety training and educational practices.
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.
Response R1: This recommendation requires further analysis. The City of Tustin is evaluating municipal
code revisions and alternatives to define the rules of the road for use of E-bikes in Tustin. The Tustin Police
Department is preparing recommended policies for the City Council to consider and analyze in coming
months.
R2: Each Orange County city should have a mechanism in place to report accidents, injuries and deaths
involving E-bikes by December 1, 2024.
Response R2: This recommendation requires further analysis. The Tustin Police Department has traffic
collision report software that is used to report traffic collisions including injuries and deaths involving E-bikes.
However, there is not a mechanism in place to specifically indicate an E-bike was involved on the face page
of the report. Tustin Police Department is evaluating how to implement this 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.
Response R3: This recommendation has been implemented. The Tustin Police Department currently
conducts outreach and education at Tustin Unified School District (TUSD) schools regarding the safe
operation of bicycles including E-bikes. In addition, Tustin PD's Traffic Unit is developing a class for members
of the public to attend and advertise on our social media platforms. The class will cover the difference between
all three E-bike classes, electric motorcycles, the current laws and ordinances, and safety.
Should you have any questions or need any additional information, please contact Lieutenant Sarah Fetterling
at Tustin Police Department at 714.573.3308 or via email at SFetterling@tustinca.org.
Respectfully,
Austin Lumbard, Mayor
cc: Orange County Grand Jury