Marin considers letting some e-bikes on open space trails

Marin County might permit people to ride class 1 electric bikes in county open space preserves where conventional bikes are allowed.

The Parks and Open Space Commission kicked off what figures to be a lively public debate of the issue at its meeting on May 21. E-bike proponents were well represented at the meeting, while only three people spoke in opposition.

Ari Golan, the county parks superintendent, reminded the audience that dogs, horses and bicycles are permitted only on official fire roads and trails.

"Other informal routes may exist within the preserves, including wildlife paths or social trails," Golan said. "However, these are not part of the district's official trail system."

The district manages approximately 180 miles of fire roads and trails that are officially designated, signed, mapped and maintained. Bicycles are allowed on all fire roads, which account for 99 miles of the system, and on 27 miles of the 81 miles of trails.

The only exception is for engine-powered mobility devices used by people with disabilities in alignment with the county's inclusive access plan.

Golan explained the differences between class 1, class 2 and class 3 e-bikes.

A class 1 electric bicycle is equipped with a motor that provides assistance only when the rider is pedaling and is not capable of exclusively propelling the bicycle. It ceases to provide assistance when the bicycle reaches 20 miles per hour.

A class 2 electric bicycle may be exclusively propelled by a motor and will provide assistance until the bicycle reaches 20 miles an hour.

A class 3 electric bicycle is equipped with a motor that provides assistance only when the rider is pedaling, and the motor is not capable of exclusively propelling the bicycle. This bike's motor ceases to provide assistance when the bicycle reaches 28 miles per hour.

While the county parks department is reconsidering its ban on class 1 e-bikes, park managers intend to reaffirm the prohibition on class 2 and class 3 e-bikes.

"These vehicles are prohibited in open space," Golan said, "and there's no consideration to allow them."

Assemblymember Damon Connolly, D-San Rafael, has authored legislation that would prohibit youths under the age of 16 from riding class 2 e-bikes anywhere in Marin. The legislation, Assembly Bill 1778, came in response to a sizable number of e-bike crashes resulting in serious injuries.

Golan said there are reasons for reconsidering the ban on class 1 e-bikes. He said the prohibition does not align well with state law or with updated policies of neighboring land managers.

Sonoma County Regional Parks and East Bay Regional Parks both permit class 1 e-bikes where conventional bicycles are allowed. In addition, the Marin Municipal Water District launched a two-year pilot program last July allowing class 1 e-bikes on watershed roads where conventional bikes are allowed.

Also, Golan said, "E-bike use on district lands is increasing and has become ubiquitous in some areas, making enforcement challenging."

During the public comment period, Andrew Levine of Mill Valley, a Marin County Bicycle Coalition member, said, "I was shocked when I saw this on the agenda because I had no idea that what I'd been doing for the past four years was not legal. I've spoken many times with many rangers who never informed me I was doing anything I wasn't supposed to do."

Levine, who said he has been retired for four years and rides most days, had much in common with the majority of speakers, who voiced support for changing the rule.

"We are basically a group of old people who have graduated to electric bikes after earning our elevation on ‘acoustic bikes,'" said Bob Mittelstaedt, one of the co-founders of E-Bike Access. "We all wish we were still young and more powerful, but facts are facts."

Acoustic bike is slang for conventional pedal-only bicycles.

Sean O'Day of Corte Madera said he is waiting for knee replacement surgery.

"It's hard to hike and ride up hills with the condition of my knee," O'Day said.

O'Day switched from an acoustic bike to a class 1 e-bike five years ago. Since then, he has been riding up Old Railroad Grade, a multiuse fire road and trail on Mount Tamalpais.

"It wasn't until last week that I realized I wasn't supposed to," O'Day said.

Donnie Poe of Fairfax said, "I might look a little older, but what the e-bike allows me to do is keep young. If I sit on the sofa because I'm not allowed to ride my e-bike, I will get old."

Vernon Huffman, executive director of the Marin Trail Stewards, said, "Consistency with our neighboring land managers is super important so that when we're riding MMWD land and we enter open space, we don't have to switch bikes."

Nona Dennis, who served 24 years on the board of the Marin Conservation League, said, "You have heard from only one part of the discussion. I hope you will hear from others before this conversation is over."

Dennis noted that e-bikes continue to be prohibited on MMWD trails, despite the ongoing pilot program.

Linda Novy, a member of the Marin Horse Council board, said, "Clearly, for years the rules haven't been being followed. Are we now going to conform the rules to fit the behavior?"

"Class 1 sounds mild," Novy added, "but how does ranger staff, with its limitations, and the sheriff make sure that bikes in the preserve are class 1?"

Amy Worth of Kentfield said, "I'm deeply opposed to mountain bike and e-bike access to single track trails, for three reasons."

Worth said the bikes damage the environment, pose a risk to hikers and create a fire hazard because of their lithium batteries.

Two of the commission's seven members expressed support for the change. None objected.

"I am now in full support of class 1 e-bikes on the trail system," said Joe Burns, a commissioner.

Commissioner Joe Meylan said, "I'm all for this. It's long overdue. I really don't see the difference between an acoustic bike and a class 1 e-bike."

Chris Chamberlain, director of the county parks department, said it will solicit public comments on the proposal over the summer and present its findings to the commission in September. A public survey is online at shorturl.at/HVIKY.

"We're not coming into this with a preconceived determination," Chamberlain said. "We want to make an informed decision."

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