Disclaimer: I am not a lawyer. The information here includes general information and my interpretation of various laws, ordinances, and regulations. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. The information here has not been reviewed by a lawyer, and may contain inaccuracies, omissions, or other errors. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems.

Statewide Definitions & Regulations

In 2015, the State of California enacted AB 604 which, for the first time, classified electrically motorized boards separately from motorized skateboards (which is intended to cover internal combustion engine powered boards, and are widely banned from public places). This bill added section 313.5 to the California Vehicle Code, which defined electrically motorized board as a wheeled board designed to be stood on, falling within certain dimensions, having a motor with an average power less than 1,000 watts, and having a max speed of 20 mph. This definition would encompass Onewheels, so long as their max speed is less than 20 mph.

Since these electric boards are now classified separately, they are no longer banned by the laws that outlawed their gasoline powered counterparts. Instead, they are subject to a set of regulations summarized below, and generally allowed on roads, bike paths, sidewalks, and trails. However, state and local agencies can – and often do – prohibit or limit their use on areas within their jurisdiction.

The statewide regulations covering use of electrically motorized boards are set forth in the California Vehicle Code, division II, chapter 1, article 7:

• Must be 16+ years old to ride
• Must wear a helmet (regardless of age)
• May not ride faster than 15 mph
• Must have a white headlight, a red rear reflector, and yellow side reflectors to ride in the dark. These can be on the board or worn by the rider, but must meet certain distance requirements for visibility. Note: Onewheels do not have built-in side or rear reflectors, and so would not meet this requirement on their own. Their front headlight may meet the requirements for the headlight, but I have not tested this (must be visible from 300 feet)
• May not ride on roads with speed limits over 35 mph, unless in a class II or IV bike lane (these bike lanes are ones that are on the road but separated by either a striped line (class II) or by a physical barrier (class IV)
• May not ride on a highway under the influence of drugs or alcohol

As a guide for interpreting various local regulations that reference state definitions of vehicle classifications, here are some relevant terms defined by Division 1 of the California Vehicle Code. My comments are in italics.

• Vehicle (§ 670) – a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks
• Motor Vehicle (§ 415) – a vehicle that is self-propelled. Seems to include all below devices. I have seen suggestions online that the definition of electrically motorized boards in § 313.5 somehow supersedes the classification of motor vehicle and thus, ‘motor vehicle’ restrictions do not apply to Onewheels – this does not seem to be true. I have seen similar arguments made that electric bicycles (§ 312.5) are not ‘motor vehicles’ – even on legal blogs. I’d love to have a lawyer chime in here. It’s also a bit funny that they use the ambiguous term ‘self-propelled’ – does “self” here refer to the operator or the vehicle? Obviously, here it’s meant to refer to the vehicle itself, but see, for example, Monterey Municipal Code 22-13 which uses this same term to refer to roller skates and bikes.
• Motor-driven cycle (§ 405) – any motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in Section 406. This captures bikes with small, gasoline powered motors
• Motorized bicycle or moped (§ 406) – a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. These are not allowed on trails or sidewalks by default, unless the relevant locality explicitly authorizes it. The CHP website suggests this captures bikes with small gasoline motors. However, the California Vehicle Code does not seem to expressly exclude electric bicycles, as defined in § 312.5, from this definition as well. In fact, it makes explicit reference to electric power. This would imply a driver license with M-1 or M-2 endorsement is required for all e-bikes, as well as other regulations. Need a lawyer to chime in here.
  • A Motorized Bicycle is further defined as a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:
    • Has a power output of not more than 1,000 watts.
    • Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.
    • Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.
• Electric bicycle (§ 312.5) – a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.
  • 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.
  • 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.
  • 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.
• Electric personal assistive mobility device (§ 313) – a self-balancing, nontandem two-wheeled device, that is not greater than 20 inches deep and 25 inches wide and can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 12.5 miles per hour. This definition includes most ‘hoverboards’
• Electrically motorized board (§ 313.5) – any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion. This is the classification Onewheels would fall under. An interesting note is that the originally introduced version of this definition specified a ‘four-wheeled’ device, but this was later amended to any ‘wheeled’ device
• Motorized scooter (§ 407.5) – any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. This device may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter
• Motorized skateboard (§ 21968) – This term is not formally defined, however § 21968 broadly prohibits their use. This section also explicitly excludes electrically motorized boards.

Local Regulations

In the next sections, I will summarize my interpretation of the regulations in some of the local areas that are of personal interest. Unfortunately, there are wide inconsistencies in whether, and how, various localities and agencies address these boards. Many ordinances are poorly written and still lead to confusion as to whether electrically motorized boards are allowed – confusion that would only be resolved in the courts or by updated laws.

Another annoying aspect is that several public recreation trails in California, such as the San Francisco Bay Trail and the Monterey Bay Coastal Recreation Trail, pass through several different jurisdictions, some of which allow Onewheels, some which don’t, and some which are ambiguous. Even if you wanted to ride one of these trails, simply figuring out which parts allow it is a nearly insurmountable obstacle for the average citizen.

Monterey Bay Coastal Recreation Trail

Pacific Grove

Chapter 14.08 of the Pacific Grove Municipal Code allows electrically motorized boards on the recreation trail so long as they obey the speed limit of 12 mph that also applies to all other trail users.

Monterey

Motorized scooters are prohibited on the recreation trail by Monterey Municipal Code 22-12.5. This code uses the state definition of motorized scooters, and as such, this prohibition does not apply to Onewheels.

Section 22-14 prohibits skateboarding on the recreation trail between the Pacific Grove city limit and Fisherman’s Wharf. It does not further define skateboard, so it’s an exercise to the reader (and the officers/courts) to determine if a Onewheel falls under this restriction.

Del Rey Oaks

No relevant restrictions found in the municipal code. Coastal recreation trail is managed by the State of California, so assume state laws apply and Onewheels are allowed on the trail.

Sand City

No relevant restrictions found in the municipal code. Coastal recreation trail is managed by the State of California, so assume state laws apply and Onewheels are allowed on the trail.

Seaside

No relevant restrictions found in the municipal code. Coastal recreation trail is managed by the State of California, so assume state laws apply and Onewheels are allowed on the trail.

Marina

No relevant restrictions found in the municipal code. Coastal recreation trail is managed by the State of California, so assume state laws apply and Onewheels are allowed on the trail.

San Francisco Bay Trail

Richmond

City may post signs which provide legally enforceable regulations on park activities. Signs posted on some Richmond sections of the Bay Trail prohibit “Motorized Vehicles”. This seems to prohibit Onewheels.

Golden Gate Bridge

Electric scooters and “similar devices” are not allowed. Nor are roller blades, skateboards, or roller skates. Safe to assume Onewheels are a no-go here.

Richmond-San Rafael Bridge

The bicycle/pedestrian lane on this bridge is a pilot program until 2024. No specific rules or regulations concerning Onewheels or similar devices could be found online.