BILL NUMBER: AB 604 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Olsen
(Coauthors: Assembly Members Baker, Calderon, Cristina Garcia,
Linder, Melendez, Mark Stone, and Waldron)
FEBRUARY 24, 2015
An act to amend Sections 21113, 21967, and 21968 of, and to add
Section 313.5 to, and to add Article 7 (commencing with Section
21290) to Chapter 1 of Division 11 of, the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 604, as amended, Olsen. Electrically motorized skateboards.
Existing law regulates the operation of bicycles, motorized
scooters, and electric personal assistive mobility devices, as
defined. Existing law makes a violation of these provisions
punishable as an infraction.
This bill would define the term "electrically motorized
skateboard." The bill would prohibit the operation of an
electrically motorized skateboard upon a highway while under the
influence of an alcoholic be verage or any drug, or under
the combined influence of an alcoholic beverage and any drug. The
bill would require the operator of an electrically motorized
skateboard who is under 18 years of age to wear a helmet while
operating an electrically motorized skateboard. The bill
would require an operator to be at least 14 years of age in order to
operate an electrically motorized skateboard. Because a violation of
these provisions would be punishable as an infraction, this bill
would impose a state-mandated local program.
Existing law authorizes transit development boards and public
agencies, including, but not limited to, the Regents of the
University of California and the Trustees of the California State
University, to adopt ordinances, rules, or regulations, respectively,
to restrict, or specify the conditions for, the use of bicycles,
motorized bicycles, skateboards, and roller skates on property under
the control of, or any portion of property used by, the board, or on
public property under the jurisdiction of the agency, respectively.
This bill would additionally authorize those boards and agencies
to adopt ordinances, rules, and regulations, respectively, for the
use of electrically motorized skateboards.
Existing law authorizes local authorities to adopt rules and
regulations by ordinance or resolution prohibiting or restricting
persons from riding or propelling skateboards on highways, sidewalks,
or roadways.
This bill would additionally authorize local authorities to adopt
rules and regulations by ordinance or resolution prohibiting or
restricting persons from riding or propelling electrically motorized
skateboards on highways, sidewalks, or roadways.
Existing law makes it a crime to operate a motorized skateboard 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.
This bill would provide that an electrically motorized skateboard
is not a motorized skateboard for those purposes.
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: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 313.5 is added to the Vehicle Code, to read:
313.5. (a) An "electrically motorized skateboard" is any
four-wheeled device that has a floorboard designed to be stood upon
when riding that is not greater than 60 inches deep and 18 inches
wide, is designed to transport only one person, and has an electric
propulsion system averaging less than 1000
1,000 watts, the maximum speed of which, when powered solely by
a propulsion system on a paved level surface, is no more than 20
miles per hour. The device may be designed to also be powered by
human propulsion.
(b) An electrically motorized skateboard does not include an
electric personal assistive mobility device, as defined in Section
313, a motorcycle, as defined in Section 400, a motor-driven cycle,
as defined in Section 405, a motorized bicycle or moped, as defined
in Section 406, or a motorized scooter, as defined in Section 407.5.
SEC. 2. Section 21113 of the Vehicle Code is amended to read:
21113. (a) A person shall not drive a vehicle or animal, or stop,
park, or leave standing a vehicle or animal, whether attended or
unattended, upon the driveways, paths, parking facilities, or the
grounds of any public school, state university, state college, unit
of the state park system, county park, municipal airport, rapid
transit district, transit development board, transit district, public
transportation agency, county transportation commission created
pursuant to Section 130050 of the Public Utilities Code, joint powers
agency operating or managing a commuter rail system, or any property
under the direct control of the legislative body of a municipality,
or a state, county, or hospital district institution or building, or
an educational institution exempted, in whole or in part, from
taxation, or any harbor improvement district or harbor district
formed pursuant to Part 2 (commencing with Section 5800) or Part 3
(commencing with Section 6000) of Division 8 of the Harbors and
Navigation Code, a district organized pursuant to Part 3 (commencing
with Section 27000) of Division 16 of the Streets and Highways Code,
or state grounds served by the Department of the California Highway
Patrol, or any property under the possession or control of a housing
authority formed pursuant to Article 2 (commencing with Section
34240) of Chapter 1 of Part 2 of Division 24 of the Health and Safety
Code, except with the permission of, and upon and subject to any
condition or regulation that may be imposed by, the legislative body
of the municipality, or the governing board or officer of the public
school, state university, state college, county park, municipal
airport, rapid transit district, transit development board, transit
district, public transportation agency, county transportation
commission, joint powers agency operating or managing a commuter rail
system, or state, county, or hospital district institution or
building, or educational institution, or harbor district, or a
district organized pursuant to Part 3 (commencing with Section 27000)
of Division 16 of the Streets and Highways Code, or housing
authority, or the Director of Parks and Recreation regarding units of
the state park system or the state agency with jurisdiction over the
grounds served by the Department of the California Highway Patrol.
(b) A governing board, legislative body, or officer shall erect or
place appropriate signs giving notice of any special conditions or
regulations that are imposed under this section and the governing
board, legislative body, or officer shall also prepare and keep
available at the principal administrative office of the governing
board, legislative body, or officer, for examination by all
interested persons, a written statement of all those special
conditions and regulations adopted pursuant to this section.
(c) When a governing board, legislative body, or officer permits
public traffic upon the driveways, paths, parking facilities, or
grounds under their control then, except for those conditions imposed
or regulations enacted by the governing board, legislative body, or
officer applicable to the traffic, all the provisions of this code
relating to traffic upon the highways shall be applicable to the
traffic upon the driveways, paths, parking facilities, or grounds.
(d) A public transportation agency that imposes any condition or
regulation upon a person who parks or leaves standing a vehicle,
pursuant to subdivision (a), is authorized to do either of the
following:
(1) Enforce that condition or regulation in the manner provided in
Article 3 (commencing with Section 40200) of Chapter 1 of Division
17 of this code. The public transportation agency shall be considered
the issuing agency for that purpose.
(2) Designate regularly employed and salaried employees, who are
engaged in directing traffic or enforcing parking laws and
regulations, for the purpose of removing any vehicle in the same
manner as a city, county, or jurisdiction of a state agency pursuant
to Chapter 10 (commencing with Section 22650) of Division 11 of this
code.
(e) With respect to the permitted use of vehicles or animals on
property under the direct control of the legislative body of a
municipality, no change in the use of vehicles or animals on the
property, that had been permitted on January 1, 1976, shall be
effective unless and until the legislative body, at a meeting open to
the general public, determines that the use of vehicles or animals
on the property should be prohibited or regulated.
(f) A transit development board may adopt ordinances, rules, or
regulations to restrict, or specify the conditions for, the use of
bicycles, motorized bicycles, skateboards, electrically motorized
skateboards, and roller skates on property under the control of, or
any portion of property used by, the board.
(g) A public agency, including, but not limited to, the Regents of
the University of California and the Trustees of the California
State University, may adopt rules or regulations to restrict, or
specify the conditions for, the use of bicycles, motorized bicycles,
skateboards, electrically motorized skateboards, and roller skates on
public property under the jurisdiction of that agency.
(h) "Housing authority," for the purposes of this section, means a
housing authority located within a county with a population of over
six million people, and any other housing authority that complies
with the requirements of this section.
(i) "Public transportation agency," for purposes of this section,
means a public agency that provides public transportation as defined
in paragraph (1) of subdivision (f) of Section 1 of Article XIX A of
the California Constitution.
SEC. 3. Article 7 (commencing with Section 21290)
is added to Chapter 1 of Division 11 of the Vehicle Code
, to read:
Article 7. Operation of Electrically Motorized Skateboards
21290. For purposes of this article, an "electrically motorized
skateboard" is defined in Section 313.5.
21292. An electrically motorized skateboard shall be operated
only by a person who is 14 years of age or older.
21294. An electrically motorized skateboard may be operated by a
person under 18 years of age only if the operator is wearing a
properly fitted and fastened bicycle helmet that meets the standards
described in Section 21212.
21296. (a) It is unlawful for a person to operate an electrically
motorized skateboard upon a highway while under the influence of an
alcoholic beverage or any drug, or under the combined influence of an
alcoholic beverage and any drug.
(b) A person arrested for a violation of this section may request
to have a chemical test made of the person's blood or breath for the
purpose of determining the alcoholic or drug content of that person's
blood pursuant to subdivision (d) of Section 23612, and, if so
requested, the arresting officer shall have the test performed.
(c) A conviction for a violation of this section shall be
punished by a fine of not more than two hundred fifty dollars ($250).
SEC. 3. SEC. 4. Section 21967 of the
Vehicle Code is amended to read:
21967. Except as provided in Section 21968, a local authority may
adopt rules and regulations by ordinance or resolution prohibiting
or restricting persons from riding or propelling skateboards, or
electrically motorized skateboards, on highways, sidewalks, or
roadways.
SEC. 4. SEC. 5. Section 21968 of the
Vehicle Code is amended to read:
21968. (a) A motorized skateboard shall not be 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.
(b) For purposes of this section, an electrically motorized
skateboard, as defined in Section 313.5, is not a motorized
skateboard.
SEC. 6. 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.