BILL NUMBER: AB 2173 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY MARCH 19, 2014
INTRODUCED BY Assembly Member Bradford
FEBRUARY 20, 2014
An act to amend Sections 406, 21207.5, and 24016 of the
Vehicle Code, relating to vehicles. An act to amend
Section 406 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2173, as amended, Bradford. Vehicles: electric
bicycles. Vehicles: motorized bicycles.
Existing law prohibits the operation of a motorized bicycle on a
highway unless the owner applies for a license plate and attaches it
to the bicycle, as specified. Existing law also requires a specified
driver's license or endorsement to operate a motorized bicycle or a
moped, except as specified. For purposes of these provisions,
existing law defines a "motorized bicycle" or "moped" in one case as
any 2-wheeled or 3-wheeled device having fully operative pedals for
propulsion by human power, or having no pedals if powered solely by
electrical energy, and an automatic transmission and a motor that
produces less than 2 gross brake horsepower and is capable of
propelling the device at a maximum speed of not more than 30 miles
per hour on level ground.
This bill would redefine a "motorized bicycle" or "moped" by
increasing the maximum gross brake horsepower that its motor produces
to less than 4.
Existing law defines a "motorized bicycle" or "moped" as any
2-wheeled or 3-wheeled device having fully operative pedals for
propulsion by human power, or having no pedals if powered solely by
electrical energy, and an automatic transmission and a motor that
produces less than 2 gross brake horsepower and is capable of
propelling the device at a maximum speed of not more than 30 miles
per hour on level ground. Existing law provides a 2nd definition of
"motorized bicycle" as a device that has fully operative pedals for
propulsion by human power and has an electric motor that meets
specified requirements, including that it has a power output of not
more than 1,000 watts, is incapable of propelling the device at a
speed of more than 20 miles per hour on ground level, and is
incapable of further increasing the speed of the device when human
power is used to propel the motorized bicycle faster than 20 miles
per hour, and requires it to meet other specified criteria.
This bill would redefine the "motorized bicycle" or "moped" by
increasing the gross brake horsepower the motor can produce to less
than 4. The bill would also redefine the 2nd type of "motorized
bicycle" by, among other things, renaming it a "low-speed electric
bicycle," stating that it can have either 2 or 3 wheels, lowering the
maximum power output to 750 watts, and requiring that it weigh no
more than 80 pounds. The bill, except as provided, would exempt a
low-speed electric bicycle from the provision prohibiting the
operation of a motorized bicycle on a bicycle path or trail, bikeway,
bicycle lane established as provided, equestrian trail, or hiking or
recreational trail. The bill would also make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SEC TION 1. Section 406 of the
Vehicle Code is amended to read:
406. (a) A "motorized bicycle" or "moped" is any
a two-wheeled or three-wheeled device having
fully operative pedals for propulsion by human power, or having no
pedals if powered solely by electrical energy, and an automatic
transmission and a motor which that
produces less than 2 4 gross brake
horsepower and is capable of propelling the device at a maximum speed
of not more than 30 miles per hour on level ground.
(b) A "motorized bicycle" is also a device that has fully
operative pedals for propulsion by human power and has an electric
motor that meets all of the following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than
20 miles per hour on ground level.
(3) Is incapable of further increasing the speed of the device
when human power is used to propel the motorized bicycle faster than
20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this
subdivision, shall provide a disclosure to buyers that advises buyers
that their existing insurance policies may not provide coverage for
these bicycles and that they should contact their insurance company
or insurance agent to determine if coverage is provided.
(c) The disclosure required under paragraph (4) of subdivision (b)
shall meet both of the following requirements:
(1) 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.
(2) The disclosure shall include the following language in capital
letters:
"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS
INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS
PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
SECTION 1. Section 406 of the Vehicle Code is
amended to read:
406. (a) A "motorized bicycle" or "moped" is any two-wheeled or
three-wheeled device having fully operative pedals for propulsion by
human power, or having no pedals if powered solely by electrical
energy, and an automatic transmission and a motor that produces less
than 4 gross brake horsepower and is capable of propelling the device
at a maximum speed of not more than 30 miles per hour on level
ground.
(b) A "low-speed electric bicycle" is a two-wheeled or
three-wheeled device that has fully operative pedals for propulsion
by human power and has an electric motor that meets all of the
following requirements:
(1) Has a power output of not more than 750 watts (1 hp).
(2) Is incapable of propelling the device at a speed of more than
20 miles per hour on a paved level surface, when powered solely by a
motor when ridden by an operator who weighs 170 pounds.
(3) Is incapable of further increasing the speed of the device
when human power is used to propel the device faster than 20 miles
per hour.
(4) Has a weight of not more than 80 pounds.
(5) Every manufacturer of low-speed electric bicycles, as defined
in this subdivision, shall provide a disclosure to buyers that
advises buyers that their existing insurance policies may not provide
coverage for these bicycles and that they should contact their
insurance company or insurance agent to determine if coverage is
provided.
(c) The disclosure required under paragraph (5) of subdivision (b)
shall meet both of the following requirements:
(1) 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.
(2) The disclosure shall include the following language in capital
letters:
"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS
INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS
PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."
SEC. 2. Section 21207.5 of the Vehicle Code is
amended to read:
21207.5. (a) Except as provided in subdivision (b), and
notwithstanding Sections 21207 and 23127 or any other law, a
motorized bicycle shall not be operated on a bicycle path or trail,
bikeway, bicycle lane established pursuant to Section 21207,
equestrian trail, or hiking or recreational trail, unless it is
within or adjacent to a roadway or unless the local authority or the
governing body of a public agency having jurisdiction over that path
or trail permits, by ordinance, that operation.
(b) (1) Except as provided in paragraph (2), the prohibition on a
motorized bicycle being operated on a bicycle path or trail, bikeway,
bicycle lane established pursuant to Section 21207, equestrian
trail, or hiking or recreational trail, pursuant to subdivision (a),
does not apply to a low-speed electric bicycle as defined in
subdivision (b) of Section 406.
(2) The local authority or the governing body of a public agency
having jurisdiction over a bicycle path or trail, bikeway, bicycle
lane established pursuant to Section 21207, equestrian trail, or
hiking or recreational trail, by ordinance, may prohibit the
operation of a low-speed electric bicycle, as defined in subdivision
(b) of Section 406, on that path, trail, bikeway, or lane.
SEC. 3. Section 24016 of the Vehicle Code is
amended to read:
24016. (a) A low-speed electric bicycle described in subdivision
(b) of Section 406 shall meet the following criteria:
(1) Comply with the equipment and manufacturing requirements for
bicycles adopted by the Consumer Product Safety Commission (16 C.F.R.
1512.1, et seq.) or the requirements adopted by the National Highway
Traffic Safety Administration (49 C.F.R. 571.1, et seq.) in
accordance with the National Traffic and Motor Vehicle Safety Act of
1966 (15 U.S.C. Sec. 1381, et seq.) for motor driven cycles.
(2) Operate in a manner so that the electric motor is disengaged
or ceases to function when the brakes are applied, or operate in a
manner such that the motor is engaged through a switch or mechanism
that, when released, will cause the electric motor to disengage or
cease to function.
(b) All of the following apply to a low-speed electric bicycle
described in subdivision (b) of Section 406:
(1) A person shall not operate a low-speed electric bicycle unless
the person is wearing a properly fitted and fastened bicycle helmet
that meets the standards described in Section 21212.
(2) A person operating a low-speed electric bicycle is subject to
Sections 21200 and 21200.5.
(3) A person operating a low-speed electric bicycle is not subject
to the provisions of this code relating to financial responsibility,
driver's licenses, registration, and license plate requirements, and
a low-speed electric bicycle is not a motor vehicle.
(4) A low-speed electric bicycle shall only be operated by a
person 16 years of age or older.
(5) Every manufacturer of a low-speed electric bicycle shall
certify that it complies with the equipment and manufacturing
requirements for bicycles adopted by the Consumer Product Safety
Commission (16 C.F.R. 1512.1, et seq.).
(c) A person shall not tamper with or modify a low-speed electric
bicycle described in subdivision (b) of Section 406 so as to increase
the speed capability of the bicycle.