A Fairfax resident has filed a lawsuit against an electrical bicycle manufacturer for allegedly selling vehicles which can be illegal under California law.
Hillary Whitman's lawsuit alleges that Irvine-based Super73 Inc. makes products that may exceed state speed limits for e-bikes.
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The lawsuit in Marin County Superior Court seeks reimbursement for the plaintiff, a judicial declaration that Super73 vehicles should not e-bikes under California law, and a court order certifying the lawsuit as a category motion.
“Many parents are upset about Super73 and the vehicles it sells, and many of those parents live in Marin County,” said Patrick Huyett, considered one of the plaintiff’s attorneys. “This is an issue that really touched her.”
The lawsuit focuses on what Super73 markets as Class 2 e-bikes, or gas-assist bikes. Under California law, Class 2 e-bikes can reach a maximum speed of 20 miles per hour. Class 1 and three e-bikes have motors that provide pedal assist and reach top speeds of 20 and 28 miles per hour, respectively.
Whitman purchased a Class 2 Super73 e-bike as a birthday present for her 12-year-old son, whose school requires students who use e-bikes to register them. She learned that the corporate's e-bikes had been banned from campus.
“Plaintiff purchased the vehicle based on the company’s claim that it was an e-bike that her son could legally ride – a Class 2 e-bike,” the lawsuit states.
The lawsuit says Whitman contacted Central Marin Police Chief Michael Norton to ask if it was legal for her son to ride his Super73 e-bike.
“He said no,” the lawsuit says. “She asked him if she could legally drive it and he said no again.”
Norton was amongst 4 police chiefs in Marin County who signed a joint letter in May warning parents of a rise in teens illegally and recklessly riding electric motorcycles under the guise that they were legal e-bikes. Other signatories included the police chiefs of Mill Valley, Fairfax and Ross.
Bosses said legal e-bikes must not be powered by greater than 750 watts and in the event that they have throttle controls they can not go faster than 20mph.
A representative for the Super73 company couldn’t be reached for comment.
In May, a spokesperson told the Independent Journal that every one of Super73's bikes were Class 2 e-bikes that would move to Class 1 or 3 through a Super73 application, “which is required under U.S. law.” State of California isn’t expressly prohibited.”
The lawsuit is scheduled for a case management conference in May.
Concerns have been raised in Marin County communities lately in regards to the safety of e-bikes and the power of some models to exceed speed limits.
The county has created a “dashboard” webpage that displays data on local emergency response to bicycle accidents. About 65 e-bike accidents have been reported to date this 12 months, or 27% of all bicycle accidents. The remaining incidents involved conventional bicycles.
In April, a Marin County civil grand jury report called on local governments to strictly regulate youth use of e-bikes. The report advisable banning young people under 16 from operating Class 2 e-bikes.
Marin County Supervisor Mary Sackett worked with Connolly on the laws. She said the county will monitor the lawsuit against Super73.
“I share plaintiff’s concerns about what is being marketed as Class 2 e-bikes,” Sackett said.
Bob Mittelstaedt, an attorney and co-founder of the Marin nonprofit E-Bike Access, expressed support for the lawsuit.
“Our local schools and police are battling the plague of these dangerous rogue motorcycles being sold as e-bikes to unsuspecting parents,” he said. “This lawsuit targets the source of the problem: the company that manufactures and markets these devices.”
Mittelstaedt said he hopes the prospect of refunds from Super73 will encourage parents to modify to safer and legal e-bikes and bicycles.
Warren Wells, policy and planning director for the Marin County Bicycle Coalition, said his organization has long been a proponent of e-bikes and believes they may have an effect on climate goals.
“However, for a year now we have been sounding the alarm that electric motorcycles capable of reaching speeds over 30 miles per hour are being marketed as e-bikes and sold to young people,” he said. “We believe this lawsuit targets a real problem in Marin and will closely monitor its progress in court.”
On Monday, the Tamalpais Union High School District Board heard an update from staff on the district's e-bike policy. This signifies that students should not allowed to register e-bikes that don’t comply with legal regulations.
“Students’ e-bikes must be registered to park on campus,” said Tara Taupier, the district director. “We work with our law enforcement partners who decide what is legal and what is not.”
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