BILL NUMBER: AB 1051 CHAPTERED 09/22/05 CHAPTER 323 FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2005 APPROVED BY GOVERNOR SEPTEMBER 22, 2005 PASSED THE ASSEMBLY AUGUST 29, 2005 PASSED THE SENATE AUGUST 22, 2005 AMENDED IN SENATE JUNE 13, 2005 AMENDED IN SENATE JUNE 1, 2005 AMENDED IN ASSEMBLY APRIL 14, 2005 INTRODUCED BY Assembly Members Benoit and Umberg (Coauthors: Assembly Members Canciamilla, Chan, Shirley Horton, Huff, Karnette, Liu, Mountjoy, Niello, Oropeza, Pavley, Ridley-Thomas, Salinas, and Torrico) FEBRUARY 22, 2005 An act to add Sections 473, 9955, 21720, and 21721 to the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 1051, Benoit Pocket bikes: restrictions. Existing law regulates the operation of vehicles and combinations of vehicles upon the highways, imposes certain disclosure requirements on the sale of motor vehicles and vehicles by licensed dealers, and imposes sanctions for violating these regulations and requirements. This bill would require a manufacturer of a pocket bike, as defined by the bill, to affix on the pocket bike a sticker with a specified printed disclosure stating that the pocket bike is prohibited from being operated on a sidewalk, roadway, or any part of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off-highway motor vehicle use. This bill would prohibit the operation of a pocket bike on a sidewalk, roadway, or any other part of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off-highway motor vehicle use. The bill would authorize a peace officer, as defined, to cause the removal and seizure, for a specified minimum period, of a pocket bike that is found to be operating on a highway in a violation of the offense, created by the bill, prohibiting the operation of a pocket bike on a sidewalk, roadway, or any other part of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off-highway motor vehicle use. The bill would authorize a city, county, or city and county to adopt a regulation, ordinance, or resolution imposing charges equal to its administrative costs relating to the removal, seizure, and storage costs of a pocket bike, as provided. Because under existing law a violation of the Vehicle Code is a crime, this bill would impose a state-mandated local program by creating new crimes. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 473 is added to the Vehicle Code, to read: 473. (a) A "pocket bike" is a two-wheeled motorized device that has a seat or saddle for the use of the rider, and that is not designed or manufactured for highway use. "Pocket bike" does not include an off-highway motorcycle, as defined in Section 436. (b) For purposes of this section, a vehicle is designed for highway use if it meets the applicable Federal Motor Vehicle Safety Standards, as contained in Title 49 of the Code of Federal Regulations, and is equipped in accordance with the requirements of this code. SEC. 2. Section 9955 is added to the Vehicle Code, to read: 9955. (a) A manufacturer of a pocket bike shall affix on the pocket bike a sticker with a disclosure stating that the device is prohibited from being operated on a sidewalk, roadway, or any part of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off-highway motor vehicle use. (b) The disclosure required under subdivision (a) shall meet both of the following requirements: (1) Be printed in not less than 14-point boldface type on a sticker that contains only the disclosure. (2) Include the following statement: "THE POCKET BIKE YOU HAVE PURCHASED OR OBTAINED IS STRICTLY PROHIBITED FROM BEING OPERATED ON A SIDEWALK, ROADWAY, OR ANY OTHER PART OF A HIGHWAY, OR ON A BIKEWAY, BICYCLE PATH OR TRAIL, EQUESTRIAN TRAIL, HIKING OR RECREATIONAL TRAIL, OR ON PUBLIC LANDS OPEN TO OFF-HIGHWAY VEHICLE USE. A VIOLATION OF THIS REGULATION MAY RESULT IN PROSECUTION AND SEIZURE OF THE DEVICE." SEC. 3. Section 21720 is added to the Vehicle Code, to read: 21720. A pocket bike shall not be operated on a sidewalk, roadway, or any other part of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off-highway motor vehicle use. SEC. 4. Section 21721 is added to the Vehicle Code, to read: 21721. (a) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may cause the removal and seizure of a pocket bike, upon the notice to appear for a violation of Section 21720. A pocket bike so seized shall be held for a minimum of 48 hours. (b) A violator of this section shall be responsible for all costs associated with the removal, seizure, and storage of the pocket bike. (c) A city, county, or city and county may adopt a regulation, ordinance, or resolution imposing charges equal to its administrative costs relating to the removal, seizure, and storage costs of a pocket bike. The charges shall not exceed the actual costs incurred for the expenses directly related to removing, seizing, and storing a pocket bike. (d) An agency shall release a seized pocket bike to the owner, violator, or the violator's agent after 48 hours, if all of the following conditions are met: (1) The violator or authorized agent's request is made during normal business hours. (2) The applicable removal, seizure, and storage costs have been paid by the owner, or any other responsible party.