A Brief History of The Super 73 Problem
To understand the need for this project and why we are so passionate about it, consider three facts:
The “accident” rate for 10-15 year olds in Marin County on electric devices is more than 500% the rate of other age groups. Source: https://www.marinhhs.org/bicycle-safety.
The single most popular electric device for that age group is Super73—a motorcycle-like throttle device with a top speed of 35 mph, no pedaling required. Sources: surveys by Safe Routes To School; Super73 website.
Most police chiefs and cycling experts in Marin County agree that Super73 (and various similar brands) are motorcycles mis-labeled and sold as class 2 e-bikes to avoid the motorcycle minimum age, licensing, registration, insurance and safety equipment requirements. To qualify as a class 2 e-bike, the motor cannot be capable of working above 20 mph. Super73 app allows riders to go up to 35 mph, with no pedaling. Source: Super73 website.
What is a Super73
To quote its website: “SUPER73® is an American lifestyle adventure brand based in Orange County, CA that develops products to help fuse motorcycle heritage with youth culture. Founded in 2016, SUPER73 has quickly grown into one of the most recognizable electric vehicle brands in the world with a passionate customer base including A-list celebrities, professional athletes, and many more.”
Super73 makes and sells several brands of electric throttle devices. It has 326 dealers in the United States including 97 in California. It is privately-held.
Although Super73s have pedals, the electric motors can be activated by pressing a thumb on the throttle without pedaling. As Super73 explains, “You don’t have to pedal to access your electric motor’s power. All you need to do is add a little pressure to the throttle with your thumb, and you’ll get as much or as little assistance as you like. . . . It’s like riding an electric motorcycle.”
Super73 says it ships its devices in a “mode” with a top motor-assisted speed of 20 mph. But it boasts that, by using its app, the rider can “unlock” the top speed of “28+ mph” (for all models except the new one for 4-8 year olds). According to reviews and surveys, the top motor-assisted speed is actually 30-35 mph. And that speed can be attained in 15 seconds or so, and sustained with no effort other than pressing the throttle.
As a further selling point, Super73 proclaims: “RIDE EASY: No license, registration, or insurance required.” https://super73.com/products/super73-zx
To make that claim and to sell for use by children of all ages, Super73 affixes a Class 2 e-bike label to all its models, stating that its top speed is only 20 mph.
Bicycle Industry Trade Association Agrees That Super73s Are Illegal
People4Bikes, the industry trade association which sponsored the three class e-bike framework adopted by California and most other states, acknowledges that Super 73s and its imitators, typically Chinese imports, are not legal e-bikes.
"[T]hose with motors in excess of 750 watts and/or which can greatly exceed 20 mph on motor power alone . . .[are] not electric bicycles. These products are often advertised misleadingly and sold to the public as ‘e-bikes’” and represent a threat . .’
People4Bikes repeated the same point: “numerous companies have entered the e-mobility space with a variety of products that are not ‘electric bicycles’ due to power or speed, but look like electric bicycles and are marketed as such. " https://www.cpsc.gov/s3fs-public/PeopleForBikes-on-Lithium-Battery-Safety-for-ebikes-Meeting-Log.pdf?VersionId=RxMV6q8YsbKyRuADpkRRL85CXMoZYMPL
As the Bicycle Retailer magazine editorial put it: "what consumers are buying online or at fly-by-night resellers are noncompliant motorized bicycles or full-on motor-driven cycles capable of 25 to 35-plus mph and all throttle controlled. Most of these come from Chinese distributors who offer white label bikes." https://www.bicycleretailer.com/opinion-analysis/2022/05/03/guest-editorial-out-category-electric-vehicles-only-acceptable-between.
Accident Rates: electric v. conventional
Electric Devices:
Conventional Bicycles:
Solution
Local law enforcement and local schools should partner in a registration/screening process to ensure that students ride only safe and legal vehicles to and from schools.
Some schools are considering this process for the Fall.
Others appear to be succumbing to pressure from parents who either don’t understand that the vehicles they bought for their children are unsafe and illegal, or don’t care.
Please encourage your local school boards and city/town council to implement this process without further delay— and encourage local police to enforce the existing laws.
To date, unfortuately, the loudest voices have been the parents who more concerned about protecting their investment in illegal, dangerous devices than those concerned about safety and compliance.
Purchasers of Super73s and other illegal brands should seek a refund from the manufacturer and retailer. Ultimately, it may take a lawsuit by the District Attorney, a misled parent or accident victims.
Timeline: 2023
August
“Marin Voice: Officials must learn difference between throttle, pedal-assist e-bikes”
“Did you know that children of any age can ride throttle-operated electric two-wheeled vehicles everywhere while adults cannot legally ride pedal-assist bicycles on fire roads on or near Mount Tamalpais watershed?
“Believe it or not, that is the status quo in Marin County. These inconsistent rules are dangerous for children and unfair to adults. To explain how we got here and how to fix it, I’d like to clear up the confusion over different types of e-bikes.
“Throttle-operated (class 2): Many children ride these around town, causing some consternation and bad press. The fat-tire vehicles are propelled by a simple twist of a motorcycle-like throttle. They look and ride more like small motorcycles or mopeds than bicycles. They are heavy. Some weigh as much as 80 pounds. They might have pedals but there is no need to use them — the throttle alone takes you to top speed.
“To call them a bicycle or e-bike is a marketing ploy and, unfortunately, the California Legislature allows it to happen. As a result, under California law, anyone can ride them — without a license, without any training and without any minimum age requirement.
“To date, these motorized bikes have avoided much scrutiny because their motors supposedly shut off at 20 mph. But many believe that 20 mph is too fast for most children. Worse yet, some manufacturers advertise that customers can easily ‘disable’ the speed limit and exceed 30 mph. Even for more circumspect manufacturers, the internet is full of easy hacks to exceed the speed limitation.”
November
Marin County Health and Human Services Department launches its Bicycle Safety Dashboard.
“The staff reported that nine out of 41 emergency responses to bicycle accidents between Oct. 10 and Nov. 10 involved e-bikes, and noted that 71% of the 911 calls for riders ages 10 to 19 were related to e-bikes. In contrast, only 12% of accidents among riders 20 and older involved e–bikes.
“‘It’s generally a good thing that kids are getting on the bikes, including e-bikes,’ said Dr. Matt Willis, the county’s public health officer. ‘But the concern is that we’re seeing an upward trend in accidents, especially in school-aged kids, and those are almost all related to e-bike use.’
“Willis presented data on bicycle accidents and the new dashboard during a recent teleconference with education and law enforcement officials.
“‘Our data suggests that e-bike safety among young people is our highest priority,’ Willis said at the meeting.”
Quoting Mary Sackett, Marin County Board of Supervisors: “‘When you give a middle school-aged kid a throttle and they don’t have to pedal and they’ve never driven before, they don’t have a more comprehensive understanding of the rules of the road than those of us who have driven and been on an e-bike,’ she said.”
Quoting Gwen Froh of the Marin County Bicycle Coalition, and director of the Safe Routes to School program, referring to throttle devices labeled class 2 e-bikes:“Parents said they’re basically mini-motorcycles and they got hoodwinked into buying one.”
Marin Officials Sound the Alarm on E-bike Risks
Timeline: 2024
February
Sports Basement becomes first retailer to drop Super73 as illegal.
Sports Basement is a major sporting goods retailer in California with 12 stores across the state. In February 2024, it agreed to discontinue selling Super73 based on the CEO’s conclusion that they were illegal. To quote the Chief Operating Officer’s email dated February 15, 2024:
“On Feb 5th, upon reviewing your 2 emails, we had an email discussion with our CEO Eric Prosnitz and we agreed to discontinue selling Super 73 brand. Our CEO in particular agreed with your arguments that these are not bikes.”
March
Central Marin police are sounding the alarm over mounting evidence of youths illegally operating electric motorcycles.
“Different from electric bicycles, which also have been flagged by authorities across Marin for safety reasons, e-motorcycles are being purchased by parents who mistakenly believe they are e-bikes, police said.
“‘In the past three months there has been a large increase in minors illegally riding the electric motorcycles,’ Central Marin police Chief Michael Norton said.
“A public education effort is underway geared toward parents to help the public understand the difference between the two electric devices. Norton said the department has issued a number of citations and towed some vehicles. The number of citations issued was not immediately available. Criminal enforcement action has not been taken, Norton said.”
Marin Police Issue Warning on E-Motorcycles
Note: The article was mistaken in saying that the main difference between a throttle e-bike and e-motorcycle was presence of “foot pegs” instead of pedals. As Chief Norton later correctly noted, the main difference is that the motor on a throttle e-bike must be smaller than 750 watts and not capable of providing assistance when the vehicle reaches 20 mph.
Mittelstaedt “Voice” calling out Super73 as illegal
Marin Voice: County Should Reclassify Electric Throttle Powdered Bikes
“The first thing to remember is the two very different types: the pedal-assist variety popular with the over-65 crowd (enabling exercise and enjoyment of nature on Mount Tamalpais) and the moped-like variety with a throttle. The latter doesn’t require pedaling and is favored by some youths for riding on streets.
“There is a growing awareness that the most popular ones, like those created by the Super73 brand, should not be called e-bikes at all, despite their label. Some have top speeds exceeding the 20 mph limit for throttle e-bikes.
“According to its website, Super73 products can ‘effortlessly reach 20 mph and reach a peak speed of 28 mph. … You don’t have to pedal to access your electric motor’s power. All you need to do is add a little pressure to the throttle with your thumb. … It’s like riding an electric motorcycle.’
“I think the company is intentionally deceptive. I have seen factory stickers on its throttle-assist vehicles saying they are class 2, even though they do not qualify. Many experts agree they are misleadingly sold to the public as class 2 e-bikes. They are not. Even Super73’s website now admits that they cannot be ridden by children under 16.”
Safe Routes to Schools Calls Out Super73 as Illegal
“IMPORTANT E-BIKE LAWS VETTED BY INDUSTRY LAWYERS
(March 12, 2024)
“Any throttle motor that can be switched to go speeds beyond 20 mph on motor power alone, is considered “out of class” – it is not an e-bike, it is a motor vehicle and requires a student to be at least 16 years old with a driver’s license and registration. (Same as e-scooters). “Under the guidance of our insurers and legal counsel, there are many brands (e.g. Super73, Surron) that fall into the “out-of-class” category that can no longer be accepted in classes."
https://www.saferoutestoschools.org/
Marin County Bicycle Coalition Calls Out Super73 as Illegal
“UPDATE March 1, 2024: MCBC is unable to accept any device with the capability of operating ‘out-of-class’. These devices are not considered an e-bike, and fall into the category of a motor vehicle. Any product that is capable of reaching speeds greater than 20 mph on motor assistance alone will not be accepted in class. The Super73’s are incredibly common in Marin, and unfortunately most of their models fall into the ‘out-of-class’ category that we can no longer accept in our classes.”
https://marinbike.org/our-programs/road-advocacy/e-bike-smart-marin/
MCBC also identified Super73 as an illegal device in its website “buyer’s guide:”
“A FEW BRANDS WE DON’T LOVE*
Super73
Sur-Ron
Ride1Up
Samebike
Macfox
Juiced Bikes
“*Some or all models these brands sell are not e-bikes under the vehicle code (due to overpowered motors), and are thus illegal on Marin’s trails and paths. Read on to learn more about e-bike definitions and legalities.”
April
Tam Union High School District Board of Trustees meeting: Chief Norton calls out Super73 as illegal.
“[A]lmost half the bikes we're seeing in schools that are e-bikes are this brand . . .” “[T]hey’re not e-bikes legally, because any motor that can output more than 750 watts is outside of that classification [and] because they also have the ability to use the throttle to go in excess of 20 miles an hour.”
Because Super73s and similar devices were “deceivingly” marketed, “I feel bad for the parents who spent all this money. But it’s just something we’re going to have to educate them on — that their kids aren’t going to be able to ride those anymore.” Chief Norton added that he was asking the District Attorney’s Office to review for “consumer fraud.”
Marin County Civil Grand Jury issues report on throttle e-bikes.
Our commentary on the Report:
The Report focuses on throttle electric two-wheelers that the manufacturers sell as “class 2 e-bikes.” Of the three classes of e-bikes, class 2 is for those with a throttle. They are legal only if their motors are less than 750 watts and not capable of working above 20 mph. There is no minimum age requirement for legitimate class 2 e-bikes.
If their motors exceed those limits, they are considered motorcycles, mopeds or other types of motor vehicles. And they are subject to minimum age, licensing, registration, insurance, safety equipment and other traffic laws that do not apply to bicycles.
Unfortunately, “some young riders are operating e-bikes that have multiple power modes . . . that make them illegal.” (Report, p. 1). A prime example is the Super73 brand, which is “incredibly common” in Marin. It has advertised top speeds almost 50% higher than the class 2 limit of 20 mph.
The throttle feature on all these devices allows the rider to “accelerate quickly with no pedaling at all” (Report, p. 2) and to sustain top speed without pedaling. This makes them especially popular with children who are too young for a driver’s license.
Based on this age group’s accident data, which Assembly Member Damon Connolly aptly described as “shocking,” the Report finds that children under 16 riding these devices “pose a significant risk” to themselves and others.
The Report outlines the challenges faced by law enforcement officers in enforcing the current bicycle/motorcycle laws. Although it questions the role of schools, a partnership of school/law enforcement agency partnership is the most promising way to address the problem in our experience. The collaboration of Tam Union High School District and the Central Marin Police Authority is a good example as is the County Department of Education’s School/Law Enforcement Partnership (SLEP).
The Report recommends that the Board of Supervisors and each municipality in Marin require that riders of class 2 e-bikes must be at least 16 and that they and passengers must wear helmets. Nothing is offered on how any new law would be enforced. The Report also recommends a joint task force to coordinate county-wide regulations on e-bike usage and that the Board of Supervisors explore additional funding for e-bike safety education.
E-Bike Access enthusiastically supports the report’s findings and recommendations, with the clarifications and additions discussed below.
May
Hearing before the federal Consumer Product Safety Commission. Testifiers from Marin County are AssemblyMember Damon Connolly; Supervisor Mary Sackett; County Health Officer Dr. Matt Willis; and “activist” Bob Mittelstaedt.
“Bob Mittelstaedt, co-founder of the Marin nonprofit E-bike Access, raised concerns about manufacturers that market throttle vehicles as class 2 e-bikes but provide means such as an app that enable riders to travel faster than the class’s 20 mph limit.
“He argued that state and federal laws should categorize e-bikes as only being pedal-assisted.
“‘A 10-year-old can stay at top speed with nothing but the press of a thumb,’ Mittelstaedt said about throttle-assisted e-bikes.”
Marin Panelists to Federal Regulators Strengthen E-Bike Laws
Dr. John Maa, Marin Health Trauma Surgeon, “Voice” article:
“In our Trauma Center, the injury pattern after e-bike crashes is more similar to motorcycle crash victims than pedal-bike crash victims. Riders in e-bike crashes were more likely to require hospital admission than those injured from a regular bicycle, with an order of magnitude higher risk of death.”
California Legislative Action
2015: California enacts AB 1096, treating three classes of e-bikes as bicycles instead of motor vehicles.
Class 1: pedal assist, motors no larger than 750 watts or capable of working above 20 mph
Class 2: throttle and pedal assist, motor no larger than 750 watts or capable of working above 20 mph
Class 3: same as Class 1 except top speed for motor is 28 mph instead of 20 mph.
2023-24: Legislature considers several bills on e-bikes:
SB1271: regulates batteries and clarifies that “multi-class” devices are not legal e-bikes
AB1778: allows Marin County and its municipalities to enact ordinances extending Class 3 minimum age requirement of 16 years of age to Class 2 throttle e-bikes.
The California Senate Transportation Committee legislative analyst also recently recognized that devices like Super73s are illegal. In analyzing SB 1271 which would have legalized "multi-class" or "switchable bikes" if limited to the three existing classes, he wrote:
"Switchable bikes. Some manufacturers have been developing bicycles that are able to “switch” between modes, moving from a slower throttle mode (class 2), to a faster pedal assist mode (class 3). Such devices, technically, are not e-bikes. They are not class 3 e-bikes because their motor is capable of providing assistance even when the bicycle is not pedaling. They are not class 2 e-bikes because the motor is capable of providing assistance at speeds above 20 mph. As such they do not actually meet the legal definition of an e-bike and instead are motorized bicycles.”
https://digitaldemocracy.calmatters.org/bills/ca_202320240sb1271?slug=CA_202320240SB1271
A variety of motorized devices marketed as electric bicycles have entered the marketplace that are capable of achieving speeds much greater than what is permitted by law. One such motorized device is the Super 73, which has an “off-road mode” that is capable of achieving speeds greater than 28 mph using throttle assist.”
https://digitaldemocracy.calmatters.org/bills/ca_202320240sb1271?slug=CA_202320240SB1271