BILL NUMBER: AB 2272	CHAPTERED  09/30/08

	CHAPTER  672
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 11, 2008
	PASSED THE ASSEMBLY  APRIL 21, 2008

INTRODUCED BY   Assembly Member Fuentes

                        FEBRUARY 21, 2008

   An act to amend Sections 400 and 21714 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2272, Fuentes. Vehicles: motorcycles.
   (1) Existing law defines the word "motorcycle" for purposes of the
Vehicle Code as a motor vehicle that, among other things, weighs
less than 1,500 pounds or, if electrically powered, weighs less than
2,500 pounds and has a maximum speed of 45 miles per hour.
   This bill would delete the weight limitation from the definition
of "motorcycle" and would delete the separate definition for
electrically powered motorcycles. Because this definitional change
would expand the number of motor vehicles that would be classified as
motorcycles, this bill would expand the scope of crimes governing
the operation of motorcycles, thereby imposing a state-mandated local
program.
   (2) Existing law prohibits a driver of a fully enclosed 3-wheeled
motor vehicle from operating the vehicle in a lane established as an
exclusive or preferential use lane for high-occupancy vehicles.
   This bill would delete that restriction.
   (3) 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 400 of the Vehicle Code is amended to read:
   400.  (a) A "motorcycle" is a motor vehicle having a seat or
saddle for the use of the rider, designed to travel on not more than
three wheels in contact with the ground.
   (b) A motor vehicle that has four wheels in contact with the
ground, two of which are a functional part of a sidecar, is a
motorcycle if the vehicle otherwise comes within the definition of
subdivision (a).
   (c) A farm tractor is not a motorcycle.
   (d) A three-wheeled motor vehicle that otherwise meets the
requirements of subdivision (a), has a partially or completely
enclosed seating area for the driver and passenger, is used by local
public agencies for the enforcement of parking control provisions,
and is operated at slow speeds on public streets, is not a
motorcycle. However, a motor vehicle described in this subdivision
shall comply with the applicable sections of this code imposing
equipment installation requirements on motorcycles.
  SEC. 2.  Section 21714 of the Vehicle Code is amended to read:
   21714.  The driver of a vehicle described in subdivision (f) of
Section 27803 shall not operate the vehicle in either of the
following areas:
   (a) On, or immediately adjacent to, the striping or other markers
designating adjacent traffic lanes.
   (b) Between two or more vehicles that are traveling in adjacent
traffic lanes.
  SEC. 3.  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.