January 1, 2026 - Senate Bill No. 586 classifies an off-highway electric motorcycle as an off-highway motor vehicle, thereby subjecting off-highway electric motorcycles to the rules and regulations relating to off-highway motor vehicles. It regulates Off-Highway Electric Motorcycles (eMotos), defining them and guiding their operation in the state of California.
In California's 2025-2026 session, legislation like Senate Bill 586 (SB 586) is defining Off-Highway Electric Motorcycles (eMotos) as specific OHVs, bringing them under existing OHV rules for identification, while broader e-bike safety rules (SB 1271) also impact electric two-wheelers, focusing on battery safety, labeling, and usage, for clearer regulation and better consumer protection.
UPDATE AND CLARIFICATION
California's SB 586 primarily targets off-highway electric motorcycles (e-motos) like Sur-Ron and Talaria, classifying them as OHVs, not traditional e-bikes; therefore, standard, compliant Class 1, 2, and 3 electric bicycles (e-bikes) with motors under 750W and meeting speed/pedal requirements are generally exempt from SB 586's focus on motorcycles, but must still follow general e-bike laws (age, helmets) and cannot be converted to meet OHV standards for road use. Do be aware, some of the e-moto bike manufacturers are considering adding non-functional decorative pedals to their bikes to simply get around the requirements of this new law. This new law has little impact on the e-bike problem on non-motorized trails.
Here is the complete text of the law:
Senate Bill No. 586
CHAPTER 588
An act to amend Sections 38010 and 38012 of, and to add Section 436.1 to, the Vehicle Code, relating to vehicles.
[ Approved by Governor October 10, 2025. Filed with Secretary of State October 10, 2025. ]
LEGISLATIVE COUNSEL'S DIGESTSB 586, Jones. Off-highway electric motorcycles.
Existing law defines an off-highway motor vehicle as a motor vehicle that operates on lands, other than a highway, that are open and accessible to the public, as specified. Existing law establishes rules for the operation of an off-highway vehicle and imposes specified safety requirements, including, among other things, a requirement that a person operating an off-highway vehicle wear a safety helmet. Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, except as specified. A violation of these rules and requirements is a crime.
This bill would define the term “off-highway electric motorcycle” as an off-highway motorcycle subject to identification that is (1) designed by the manufacturer for operation primarily off the highway, (2) powered by an electric motor for which a motor number is not required, (3) has handlebars for steering control, (4) has a straddle seat provided by the manufacturer, (5) has two wheels, and (6) is not equipped with pedals from the manufacturer.
The bill would classify an off-highway electric motorcycle as an off-highway motor vehicle, thereby subjecting off-highway electric motorcycles to the rules and regulations relating to off-highway motor vehicles.
By expanding the scope of existing crimes with respect to off-highway electric motorcycles, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Bill TextThe people of the State of California do enact as follows:
SECTION 1. Section 436.1 is added to the Vehicle Code, to read:
436.1.
An “off-highway electric motorcycle,” commonly referred to as an eMoto, is an off-highway motorcycle subject to identification under this code that meets all of the following requirements:
(a) Is designed by the manufacturer for operation primarily off the highway.
(b) Is powered by an electric motor for which a motor number is not required.
(c) Has handlebars for steering control.
(d) Has a straddle seat provided by the manufacturer.
(e) Has two wheels.
(f) Is not equipped with pedals from the manufacturer.
SEC. 2. Section 38010 of the Vehicle Code is amended to read:
38010.
(a) Except as otherwise provided in subdivision (b), a motor vehicle specified in subdivision (b) of Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall display an identification plate or device issued by the department.
(b) Subdivision (a) does not apply to any of the following:
(1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.
(2) Implements of husbandry.
(3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States.
(4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512.
(5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work.
(6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid driver’s license issued by a foreign jurisdiction is presumed to be a nonresident.
(7) Commercial vehicles weighing more than 6,000 pounds unladen.
(8) A motorcycle manufactured in the year 1942 or prior.
(9) Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.
(10) A motor vehicle with a currently valid identification or registration permit issued by another state, if the other state recognizes an identification plate or device issued by the department pursuant to subdivision (a) as valid for use in that state.
SEC. 3. Section 38012 of the Vehicle Code is amended to read:
38012.
(a) As used in this division, “off-highway motor vehicle subject to identification” means a motor vehicle subject to subdivision (a) of Section 38010.
(b) As used in this division, “off-highway motor vehicle” includes, but is not limited to, the following:
(1) A motorcycle or motor-driven cycle, except for any motorcycle that is eligible for a special transportation identification device issued pursuant to Section 38088.
(2) A snowmobile or other vehicle designed to travel over snow or ice, as defined in Section 557.
(3) A motor vehicle commonly referred to as a sand buggy, dune buggy, or all-terrain vehicle.
(4) A motor vehicle commonly referred to as a jeep.
(5) A recreational off-highway vehicle as defined in Section 500.
(6) An off-highway electric motorcycle as defined in Section 436.1.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
CLICK HERE to see the original law text.
In California's 2025-2026 session, legislation like Senate Bill 586 (SB 586) is defining Off-Highway Electric Motorcycles (eMotos) as specific OHVs, bringing them under existing OHV rules for identification, while broader e-bike safety rules (SB 1271) also impact electric two-wheelers, focusing on battery safety, labeling, and usage, for clearer regulation and better consumer protection.
UPDATE AND CLARIFICATION
California's SB 586 primarily targets off-highway electric motorcycles (e-motos) like Sur-Ron and Talaria, classifying them as OHVs, not traditional e-bikes; therefore, standard, compliant Class 1, 2, and 3 electric bicycles (e-bikes) with motors under 750W and meeting speed/pedal requirements are generally exempt from SB 586's focus on motorcycles, but must still follow general e-bike laws (age, helmets) and cannot be converted to meet OHV standards for road use. Do be aware, some of the e-moto bike manufacturers are considering adding non-functional decorative pedals to their bikes to simply get around the requirements of this new law. This new law has little impact on the e-bike problem on non-motorized trails.
Here is the complete text of the law:
Senate Bill No. 586
CHAPTER 588
An act to amend Sections 38010 and 38012 of, and to add Section 436.1 to, the Vehicle Code, relating to vehicles.
[ Approved by Governor October 10, 2025. Filed with Secretary of State October 10, 2025. ]
LEGISLATIVE COUNSEL'S DIGESTSB 586, Jones. Off-highway electric motorcycles.
Existing law defines an off-highway motor vehicle as a motor vehicle that operates on lands, other than a highway, that are open and accessible to the public, as specified. Existing law establishes rules for the operation of an off-highway vehicle and imposes specified safety requirements, including, among other things, a requirement that a person operating an off-highway vehicle wear a safety helmet. Existing law requires every off-highway motor vehicle that is not registered under the Vehicle Code to display an identification plate or device issued by the Department of Motor Vehicles, except as specified. A violation of these rules and requirements is a crime.
This bill would define the term “off-highway electric motorcycle” as an off-highway motorcycle subject to identification that is (1) designed by the manufacturer for operation primarily off the highway, (2) powered by an electric motor for which a motor number is not required, (3) has handlebars for steering control, (4) has a straddle seat provided by the manufacturer, (5) has two wheels, and (6) is not equipped with pedals from the manufacturer.
The bill would classify an off-highway electric motorcycle as an off-highway motor vehicle, thereby subjecting off-highway electric motorcycles to the rules and regulations relating to off-highway motor vehicles.
By expanding the scope of existing crimes with respect to off-highway electric motorcycles, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Bill TextThe people of the State of California do enact as follows:
SECTION 1. Section 436.1 is added to the Vehicle Code, to read:
436.1.
An “off-highway electric motorcycle,” commonly referred to as an eMoto, is an off-highway motorcycle subject to identification under this code that meets all of the following requirements:
(a) Is designed by the manufacturer for operation primarily off the highway.
(b) Is powered by an electric motor for which a motor number is not required.
(c) Has handlebars for steering control.
(d) Has a straddle seat provided by the manufacturer.
(e) Has two wheels.
(f) Is not equipped with pedals from the manufacturer.
SEC. 2. Section 38010 of the Vehicle Code is amended to read:
38010.
(a) Except as otherwise provided in subdivision (b), a motor vehicle specified in subdivision (b) of Section 38012 that is not registered under this code because it is to be operated or used exclusively off the highways, except as provided in this division, shall display an identification plate or device issued by the department.
(b) Subdivision (a) does not apply to any of the following:
(1) Motor vehicles specifically exempted from registration under this code, including, but not limited to, motor vehicles exempted pursuant to Sections 4006, 4010, 4012, 4013, 4015, 4018, and 4019.
(2) Implements of husbandry.
(3) Motor vehicles owned by the state, or any county, city, district, or political subdivision of the state, or the United States.
(4) Motor vehicles owned or operated by, or operated under contract with a utility, whether privately or publicly owned, when used as specified in Section 22512.
(5) Special construction equipment described in Section 565, regardless of whether those motor vehicles are used in connection with highway or railroad work.
(6) A motor vehicle with a currently valid special permit issued under Section 38087.5 that is owned or operated by a nonresident of this state and the vehicle is not identified or registered in a foreign jurisdiction. For the purposes of this paragraph, a person who holds a valid driver’s license issued by a foreign jurisdiction is presumed to be a nonresident.
(7) Commercial vehicles weighing more than 6,000 pounds unladen.
(8) A motorcycle manufactured in the year 1942 or prior.
(9) Four-wheeled motor vehicles operated solely in organized racing or competitive events upon a closed course when those events are conducted under the auspices of a recognized sanctioning body or by permit issued by the local governmental authority having jurisdiction.
(10) A motor vehicle with a currently valid identification or registration permit issued by another state, if the other state recognizes an identification plate or device issued by the department pursuant to subdivision (a) as valid for use in that state.
SEC. 3. Section 38012 of the Vehicle Code is amended to read:
38012.
(a) As used in this division, “off-highway motor vehicle subject to identification” means a motor vehicle subject to subdivision (a) of Section 38010.
(b) As used in this division, “off-highway motor vehicle” includes, but is not limited to, the following:
(1) A motorcycle or motor-driven cycle, except for any motorcycle that is eligible for a special transportation identification device issued pursuant to Section 38088.
(2) A snowmobile or other vehicle designed to travel over snow or ice, as defined in Section 557.
(3) A motor vehicle commonly referred to as a sand buggy, dune buggy, or all-terrain vehicle.
(4) A motor vehicle commonly referred to as a jeep.
(5) A recreational off-highway vehicle as defined in Section 500.
(6) An off-highway electric motorcycle as defined in Section 436.1.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
CLICK HERE to see the original law text.
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