BILL NUMBER: AB 2054 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 20, 2014
INTRODUCED BY Assembly Member Olsen
FEBRUARY 20, 2014
An act to amend Sections 21209 and 21968 of the Vehicle Code,
relating to vehicles motorized
skateboards .
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. Under existing law, a violation of this
provision, or of a local ordinance adopted pursuant to this
provision, is an infraction.
This bill would declare the intent of the Legislature to
enact legislation that would define the term "electric motorized
skateboard." 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.
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.
The bill would also make conforming changes.
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: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21209 of the Vehicle
Code is amended to read:
21209. (a) No A person shall
not 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 lane, lane pursuant to
Section 21207.5, or an electrically motorized skateboard in a
bicycle lane pursuant to Section 21968, 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 which that
does not endanger the safety of bicyclists.
SEC. 2. Section 21968 of the Vehicle
Code is amended to read:
21968. No (a) A
motorized skateboard may shall not
be propelled on any a sidewalk,
roadway, or any other part of a highway or on any
a bikeway, bicycle path or trail, equestrian trail, or
hiking or recreational trail.
(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:
(1) Has an electric motor with a power output of not more than
1,000 watts that meets both of the following:
(A) Is incapable of propelling the device at a speed of not more
than 20 miles per hour on ground level.
(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.
(2) Has a variable throttle control and an independent variable
braking control.
(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.
(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.
(2) The disclosure required pursuant to paragraph (1) shall meet
both of the following requirements:
(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.
(B) The disclosure shall include the following language in capital
letters:
"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."
(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.
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.
SECTION 1. It is the intent of the Legislature
to enact legislation that would define the term "electric motorized
skateboard."