Amended in Senate September 4, 2015

Amended in Senate June 24, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 604

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, begin insert 21960, end insert 21967, and 21968 of, begin delete and end delete to add Section 313.5 to, begin delete and end delete to add Article 7 (commencing with Section 21290) to Chapter 1 of Division 11 of, begin insert and to repeal Section 21295 of, end insert the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 604, as amended, Olsen. Electrically motorized begin delete skateboards. end delete begin insert boards. end insert

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 begin delete skateboard.” end delete begin insert board.” end insert The bill would prohibit the operation of an electrically motorized begin delete skateboard end delete begin insert board end insert 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. The bill would require the operator of an electrically motorized begin delete skateboard who is under 18 years of age end delete begin insert board end insert to wear a helmet while operating an electrically motorized begin delete skateboard. end delete begin insert board upon a highway, bikeway, or any other public bicycle path, sidewalk, or trail. end insert The bill would require an operator to be at least begin delete 14 end delete begin insert 16 end insert years of age in order to operate an electrically motorized begin delete skateboard. end delete begin insert board. The bill would also require electrically motorized boards to be equipped with safety equipment, as specified, and restrict the operation speed of electrically motorized boards. end insert Because a violation of these provisions would be punishable as an infraction, this bill would impose a state-mandated local program.

begin insert

The bill would also require the Commissioner of the California Highway Patrol to submit a report, as specified, to the Legislature, on or before January 1, 2021, to assist in determining the effect that the use of electrically motorized boards has on traffic safety.

end insert

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 begin delete skateboards. end delete begin insert boards. end insert

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 begin delete skateboards end delete begin insert boards end insert 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 begin delete skateboard end delete begin insert board end insert is not a motorized skateboard for those purposes.

begin insert

Existing law authorizes the Department of Transportation and local authorities to prohibit or restrict the use of bicycles, motorized bicycles, and motorized scooters upon freeways or expressways.

end insert begin insert

This bill would authorize the Department of Transportation and local authorities to also prohibit or restrict the use of electrically motorized boards upon freeways or expressways.

end insert begin insert

This bill would incorporate additional changes to Section 21113 of the Vehicle Code proposed by AB 1096 that would become operative only if this bill and AB 1096 are both chaptered, and this bill is chaptered last.

end insert

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: 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.  

begin delete (a) end delete begin delete   end delete An “electrically motorized begin delete skateboard” end delete begin insert board” end insert is
any begin delete four-wheeled end delete begin insert wheeled end insert 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 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.

begin delete

(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.

end delete

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
begin delete skateboards, end delete begin insert boards, end insert 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 begin delete skateboards, end delete begin insert boards, end insert 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 begin delete six million end delete begin insert 6,000,000 end insert 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.

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 21113 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

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, begin insert electric bicycles, end insert skateboards,
begin insert electrically motorized boards, end insert 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,
begin insert electric bicycles, end insert skateboards, begin insert electrically motorized boards, end insert 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 begin delete six million end delete begin insert 6,000,000 end insert 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.

begin delete

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).

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Article 7 (commencing with Section 21290) is added
to Chapter 1 of Division 11 of the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 7. end insert   Operation of Electrically Motorized Boards

 

begin insert 21290. end insert   

(a) For purposes of this article, “bikeway” is defined
in Section 890.4 of the Streets and Highways Code.

(b) For purposes of this article, an “electrically motorized
board” is defined in Section 313.5.

begin insert 21291. end insert   

An electrically motorized board shall be operated only
by a person who is 16 years of age or older.

begin insert 21292. end insert   

A person shall not operate an electrically motorized
board upon a highway, bikeway, or any other public bicycle path,
sidewalk, or trail, unless that person is wearing a properly fitted
and fastened bicycle helmet that meets the standards described in
Section 21212.

begin insert 21293. end insert   

(a) Every electrically motorized board operated upon
a highway during darkness shall be equipped with all of the
following:

(1) Except as provided in subdivision (b), a lamp emitting a
white light that, while the electrically motorized board is in motion,
illuminates the highway in front of the operator and is visible from
a distance of 300 feet in front of the electrically motorized board.

(2) Except as provided in subdivision (c), a red reflector on the
rear that is visible from a distance of 500 feet to the rear when
directly in front of lawful upper beams of headlamps on a motor
vehicle.

(3) Except as provided in subdivision (d), a white or yellow
reflector on each side that is visible from a distance of 200 feet
from the sides of the electrically motorized board.

(b) A lamp or lamp combination, emitting a white light, attached
to the operator and visible from a distance of 300 feet in front of
the electrically motorized board, may be used in lieu of the lamp
required by paragraph (1) of subdivision (a).

(c) A red reflector, or reflectorizing material meeting the
requirements of Section 25500, attached to the operator and visible
from a distance of 500 feet to the rear when directly in front of
lawful upper beams of headlamps on a motor vehicle, may be used
in lieu of the reflector required by paragraph (2) of subdivision
(a).

(d) A white or yellow reflector, or reflectorizing material
meeting the requirements of Section 25500, attached to the
operator and visible from a distance of 200 feet from the sides of
the electrically motorized board, may be used in lieu of the reflector
required by paragraph (3) of subdivision (a).

begin insert 21294. end insert   

(a) Electrically motorized boards shall only operate
upon a highway designated with a speed limit of 35 miles per hour
or less, unless the electrically motorized board is operated entirely
within a designated Class II or Class IV bikeway.

(b) A person shall not operate an electrically motorized board
upon a highway, bikeway, or any other public bicycle path,
sidewalk, or trail, at a speed in excess of 15 miles per hour.

(c) Notwithstanding subdivision (b), a person shall not operate
an electrically motorized board at a speed greater than is
reasonable or prudent having due regard for weather, visibility,
pedestrian and vehicular traffic, and the surface and width of the
highway, bikeway, public bicycle path, sidewalk, or trail, and in
no event at a speed that endangers the safety of any person or
property.

begin insert 21295. end insert   

The Commissioner of the California Highway Patrol
shall submit a report to the Legislature, on or before January 1,
2021, to assist in determining the effect that the use of electrically
motorized boards has on traffic safety. The report shall include
detailed statewide traffic collision data involving electrically
motorized boards, including property damage only, injury, and
fatal traffic collisions. The report shall be submitted in compliance
with Section 9795 of the Government Code. Pursuant to Section
10231.5 of the Government Code, this section is repealed on
January 1, 2025.

begin insert 21296. end insert   

(a) It is unlawful for a person to operate an electrically
motorized board 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 his or her 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).

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 21960 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

21960.  

(a) The Department of Transportation and local
authorities, by order, ordinance, or resolution, with respect to
freeways, expressways, or designated portions thereof under their
respective jurisdictions, to which vehicle access is completely or
partially controlled, may prohibit or restrict the use of the freeways,
expressways, or any portion thereof by pedestrians, bicycles or
other nonmotorized traffic or by any person operating a
motor-driven cycle, motorized bicycle, begin delete or end delete motorized begin delete scooter. end delete
begin insert scooter, or electrically motorized board. end insert A prohibition or restriction
pertaining to bicycles, motor-driven cycles, begin delete or end delete motorized begin delete scooters end delete
begin insert scooters, or electrically motorized boards end insert shall be deemed to
include motorized begin delete bicycles; and no person may end delete begin insert bicycles. A person
shall not end insert operate a motorized bicycle wherever that prohibition or
restriction is in force. Notwithstanding begin delete any provisions of end delete any order,
ordinance, or resolution to the contrary, the driver or passengers
of a disabled vehicle stopped on a freeway or expressway may
walk to the nearest exit, in either direction, on that side of the
freeway or expressway upon which the vehicle is disabled, from
which telephone or motor vehicle repair services are available.

(b) The prohibitory regulation authorized by subdivision (a)
shall be effective when appropriate signs giving notice thereof are
erected upon any freeway or expressway and the approaches
thereto. If any portion of a county freeway or expressway is
contained within the limits of a city within the county, the county
may erect signs on that portion as required under this subdivision
if the ordinance has been approved by the city pursuant to
subdivision (b) of Section 1730 of the Streets and Highways Code.

(c) No ordinance or resolution of local authorities shall apply
to any state highway until the proposed ordinance or resolution
has been presented to, and approved in writing by, the Department
of Transportation.

(d) An ordinance or resolution adopted under this section on or
after January 1, 2005, to prohibit pedestrian access to a county
freeway or expressway shall not be effective unless it is supported
by a finding by the local authority that the freeway or expressway
does not have pedestrian facilities and pedestrian use would pose
a safety risk to the pedestrian.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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 begin delete skateboards, end delete begin insert boards, end insert on
highways, sidewalks, or roadways.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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
begin delete skateboard, end delete begin insert board, end insert as defined in Section 313.5, is not a motorized
skateboard.

begin insert

begin insert SEC. 7. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 21113 of the Vehicle Code proposed by both this bill and
Assembly Bill 1096. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016,
(2) each bill amends Section 21113 of the Vehicle Code, and (3)
this bill is enacted after Assembly Bill 1096, in which case Section
2 of this bill shall not become operative.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 8. end 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.