Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2054

Introduced by Assembly Member Olsen

February 20, 2014

An act begin insert to amend Sections 21209 and 21968 of the Vehicle Code, end insert relating to begin delete vehicles end delete begin insert motorized skateboards end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 2054, as amended, Olsen. Motorized skateboards.

Existing law prohibits a motorized skateboard from being propelled on any sidewalk, roadway, or any other part of a highway or on any bikeway, bicycle path or trail, equestrian trail, or hiking or recreational trail. begin insert Under existing law, a violation of this provision, or of a local ordinance adopted pursuant to this provision, is an infraction. end insert

This bill would begin delete declare the intent of the Legislature to enact legislation that would define the term “electric motorized skateboard.” end delete begin insert authorize an electrically motorized skateboard to be propelled in a bicycle lane or on a bikeway or bicycle path or trail if it has an electric motor with a power output of not more than 1,000 watts that is incapable of propelling the device at a speed of more than 20 miles per hour on ground level, and meets other criteria, as specified. The bill would authorize a local government authority to adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from propelling an electrically motorized skateboard in a bicycle lane or on a bikeway or bicycle path or trail. Because a violation of this provision, or failure to comply with a local ordinance adopted pursuant to this provision, would be an infraction, this bill would impose a state-mandated local program. end insert

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The bill would require a manufacturer of a motorized skateboard doing business in this state to provide a disclosure to each consumer that advises the consumer that an existing insurance policy may not provide coverage for use of motorized skateboards, as specified. Because a failure to comply with this provision would be an infraction, this bill would impose a state-mandated local program.

end insert begin insert

The bill would also make conforming changes.

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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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 21209 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

21209.  

(a)  begin delete No end delete begin insert A end insert person shall begin insert not end insert drive a motor vehicle in a
bicycle lane established on a roadway pursuant to Section 21207
except as follows:

(1) To park where parking is permitted.

(2) To enter or leave the roadway.

(3) To prepare for a turn within a distance of 200 feet from the
intersection.

(b) This section does not prohibit the use of a motorized bicycle
in a bicycle begin delete lane, end delete begin insert lane end insert pursuant to Section 21207.5, begin insert or an
electrically motorized skateboard in a bicycle lane pursuant to
Section 21968, end insert at a speed no greater than is reasonable or prudent,
having due regard for visibility, traffic conditions, and the condition
of the roadway surface of the bicycle lane, and in a manner begin delete which end delete
begin insert that end insert does not endanger the safety of bicyclists.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 21968 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

21968.  

begin delete No end delete begin insert (a) end insert begin insert   end insert begin insert A end insert motorized skateboard begin delete may end delete begin insert shall not end insert be
propelled on begin delete any end delete begin insert a end insert sidewalk, roadway, or any other part of a
highway or on begin delete any end delete begin insert a end insert bikeway, bicycle path or trail, equestrian trail,
or hiking or recreational trail.

begin insert

(b) Notwithstanding subdivision (a), an electrically motorized
skateboard may be propelled in a bicycle lane or on a bikeway or
bicycle path or trail if it meets both of the following requirements:

end insert begin insert

(1) Has an electric motor with a power output of not more than
1,000 watts that meets both of the following:

end insert begin insert

(A) Is incapable of propelling the device at a speed of not more
than 20 miles per hour on ground level.

end insert begin insert

(B) Is incapable of further increasing the speed of the device
when human power or gravity is used to propel the electrically
motorized skateboard faster than 20 miles per hour.

end insert begin insert

(2) Has a variable throttle control and an independent variable
braking control.

end insert begin insert

(c) The rider of an electrically motorized skateboard shall yield
the right-of-way to a pedestrian prior to riding over or upon a
bicycle lane or a bikeway or bicycle pathway or trail, or within a
crosswalk pursuant to Section 21950.

end insert begin insert

(d) (1) A manufacturer of motorized skateboards doing business
in this state shall provide a disclosure, as described in paragraph
(2), to each consumer that advises the consumer that an existing
insurance policy may not provide coverage for motorized
skateboards, and that the consumer is encouraged to contact his
or her insurance company or insurance agent to determine if
coverage is provided.

end insert begin insert

(2) The disclosure required pursuant to paragraph (1) shall
meet both of the following requirements:

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(A) The disclosure shall be printed in not less than 14-point
boldface type on a single sheet of paper that contains no
information other than the disclosure.

end insert begin insert

(B) The disclosure shall include the following language in
capital letters:

end insert
begin insert end insert
begin insert

“YOUR INSURANCE POLICY MAY NOT PROVIDE
COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS
MOTORIZED SKATEBOARD. TO DETERMINE IF COVERAGE
IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE
COMPANY OR AGENT.”

end insert
begin insert end insert
begin insert

(e) Notwithstanding subdivision (b), a local government
authority may adopt rules and regulations by ordinance or
resolution prohibiting or restricting persons from propelling an
electrically motorized skateboard in a bicycle lane or on a bikeway
or bicycle path or trail.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation that would define the term “electric motorized
skateboard.”

end delete