Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1096

Introduced by Assembly Member Chiu

February 27, 2015

begin delete An act to amend Section 406 of the Vehicle Code, relating to vehicles. end delete begin insert An act to amend Sections 406 and 12804.9 of, to add Sections 312.5 and 21213 to, and to repeal Section 24016 of, the Vehicle Code, relating to vehicles. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1096, as amended, Chiu. begin delete Vehicles: motorized bicycles. end delete begin insert Vehicles: electric bicycles. end insert

begin insert

Existing law defines a “motorized bicycle” or a “moped” as 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 motor, as specified.

end insert begin insert

Existing law also defines a “motorized bicycle” as a device that has fully operative pedals for propulsion by human power and has an electric motor that meets specified requirements. Existing law requires a motorized bicycle, as described by this definition, to comply with specified equipment and manufacturing requirements. Existing law also imposes specified requirements relating to the operation of bicycles. A violation of the Vehicle Code is a crime.

end insert begin insert

This bill would delete the 2nd definition of “motorized bicycle” and its applicable requirements. The bill would define an “electric bicycle” as a bicycle with fully operable pedals and an electric motor of less than 750 watts, and would create 3 classes of electric bicycles, as specified. The bill would require a person riding an electric bicycle to comply with the above-described requirements relating to the operation of bicycles. The bill would prohibit persons under 14 years of age from operating a class 3 electric bicycle. The bill would also require persons operating, or riding upon, a class 3 electric bicycle to wear a helmet, as specified. The bill would also make conforming changes.

end insert begin insert

Because the bill would create new requirements regarding electric bicycles, the violation of which would be a crime, the bill would impose a state-mandated local program.

end insert begin 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.

end insert begin insert

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

end insert begin delete

Existing law defines a “motorized bicycle” or “moped” for purposes of the Vehicle Code as a 2-wheeled or 3-wheeled device that has 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.

end delete begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 312.5 is added to the end insert begin insert Vehicle Code end insert begin insert , to
read: end insert

begin insert

begin insert 312.5. end insert   

(a) An “electric bicycle” is a bicycle equipped with
fully operable pedals and an electric motor of less than 750 watts.

(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted
electric bicycle,” is a bicycle equipped with a motor that provides
assistance only when the rider is pedaling, and that ceases to
provide assistance when the bicycle reaches the speed of 20 miles
per hour.

(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted
electric bicycle,” is a bicycle equipped with a motor that may be
used exclusively to propel the bicycle, and that is not capable of
providing assistance when the bicycle reaches the speed of 20
miles per hour.

(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric
bicycle,” is a bicycle equipped with a motor that provides
assistance only when the rider is pedaling, and that ceases to
provide assistance when the bicycle reaches the speed of 28 miles
per hour, and equipped with a speedometer.

(b) A person riding an electric bicycle, as defined in this section,
is subject to Article 4 (commencing with Section 21200) of this
code.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 406 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

406.  

(a) A “motorized bicycle” or “moped” is 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
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.

begin delete

(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)

end delete

begin insert (b) end insert  Every manufacturer of begin delete motorized bicycles, end delete begin insert a motorized
bicycle or moped, end insert as defined in this begin delete subdivision, end delete begin insert section, end insert 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. begin insert The disclosure shall
meet both of the following requirements: end insert

begin delete

(c) The disclosure required under paragraph (4) of subdivision
(b) shall meet both of the following requirements:

end delete

(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.”

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 12804.9 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

12804.9.  

(a) (1) The examination shall include all of the
following:

(A) A test of the applicant’s knowledge and understanding of
the provisions of this code governing the operation of vehicles
upon the highways.

(B) A test of the applicant’s ability to read and understand
simple English used in highway traffic and directional signs.

(C) A test of the applicant’s understanding of traffic signs and
signals, including the bikeway signs, markers, and traffic control
devices established by the Department of Transportation.

(D) An actual demonstration of the applicant’s ability to exercise
ordinary and reasonable control in operating a motor vehicle by
driving it under the supervision of an examining officer. The
applicant shall submit to an examination appropriate to the type
of motor vehicle or combination of vehicles he or she desires a
license to drive, except that the department may waive the driving
test part of the examination for any applicant who submits a license
issued by another state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico if
the department verifies through any acknowledged national driver
record data source that there are no stops, holds, or other
impediments to its issuance. The examining officer may request
to see evidence of financial responsibility for the vehicle prior to
supervising the demonstration of the applicant’s ability to operate
the vehicle. The examining officer may refuse to examine an
applicant who is unable to provide proof of financial responsibility
for the vehicle, unless proof of financial responsibility is not
required by this code.

(E) A test of the hearing and eyesight of the applicant, and of
other matters that may be necessary to determine the applicant’s
mental and physical fitness to operate a motor vehicle upon the
highways, and whether any grounds exist for refusal of a license
under this code.

(2) (A) Before a class A or class B driver’s license, or class C
driver’s license with a commercial endorsement, may be issued
or renewed, the applicant shall have in his or her driver record a
valid report of a medical examination of the applicant given not
more than two years prior to the date of the application by a health
care professional. As used in this paragraph, “health care
professional” means a person who is licensed, certified, or
registered in accordance with applicable state laws and regulations
to practice medicine and perform physical examinations in the
United States. Health care professionals are doctors of medicine,
doctors of osteopathy, physician assistants, and registered advanced
practice nurses, or doctors of chiropractic who are clinically
competent to perform the medical examination presently required
of motor carrier drivers by the United States Department of
Transportation. The report shall be on a form approved by the
department. In establishing the requirements, consideration may
be given to the standards presently required of motor carrier drivers
by the Federal Motor Carrier Safety Administration.

(B) The department may accept a federal waiver of one or more
physical qualification standards if the waiver is accompanied by
a report of a nonqualifying medical examination for a class A or
class B driver’s license, or class C driver’s license with a
commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of
Subpart E of Part 391 of Title 49 of the Code of Federal
Regulations.

(3) A physical defect of the applicant that, in the opinion of the
department, is compensated for to ensure safe driving ability, shall
not prevent the issuance of a license to the applicant.

(b) In accordance with the following classifications, an applicant
for a driver’s license shall be required to submit to an examination
appropriate to the type of motor vehicle or combination of vehicles
the applicant desires a license to drive:

(1) Class A includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a combination of vehicles, if a vehicle being towed has a gross
vehicle weight rating or gross vehicle weight of more than 10,000
pounds.

(B) A vehicle towing more than one vehicle.

(C) A trailer bus.

(D) The operation of all vehicles under class B and class C.

(2) Class B includes the following:

(A) Except as provided in subparagraph (H) of paragraph (3),
a single vehicle with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds.

(B) A single vehicle with three or more axles, except any
three-axle vehicle weighing less than 6,000 pounds.

(C) A bus with a gross vehicle weight rating or gross vehicle
weight of more than 26,000 pounds, except a trailer bus.

(D) A farm labor vehicle.

(E) A single vehicle with three or more axles or a gross vehicle
weight rating or gross vehicle weight of more than 26,000 pounds
towing another vehicle with a gross vehicle weight rating or gross
vehicle weight of 10,000 pounds or less.

(F) A house car over 40 feet in length, excluding safety devices
and safety bumpers.

(G) The operation of all vehicles covered under class C.

(3) Class C includes the following:

(A) A two-axle vehicle with a gross vehicle weight rating or
gross vehicle weight of 26,000 pounds or less, including when the
vehicle is towing a trailer or semitrailer with a gross vehicle weight
rating or gross vehicle weight of 10,000 pounds or less.

(B) Notwithstanding subparagraph (A), a two-axle vehicle
weighing 4,000 pounds or more unladen when towing a trailer
coach not exceeding 9,000 pounds gross.

(C) A house car of 40 feet in length or less.

(D) A three-axle vehicle weighing 6,000 pounds gross or less.

(E) A house car of 40 feet in length or less or a vehicle towing
another vehicle with a gross vehicle weight rating of 10,000 pounds
or less, including when a tow dolly is used. A person driving a
vehicle may not tow another vehicle in violation of Section 21715.

(F) (i) A two-axle vehicle weighing 4,000 pounds or more
unladen when towing either a trailer coach or a fifth-wheel travel
trailer not exceeding 10,000 pounds gross vehicle weight rating,
when the towing of the trailer is not for compensation.

(ii) A two-axle vehicle weighing 4,000 pounds or more unladen
when towing a fifth-wheel travel trailer exceeding 10,000 pounds,
but not exceeding 15,000 pounds, gross vehicle weight rating,
when the towing of the trailer is not for compensation, and if the
person has passed a specialized written examination provided by
the department relating to the knowledge of this code and other
safety aspects governing the towing of recreational vehicles upon
the highway.

The authority to operate combinations of vehicles under this
subparagraph may be granted by endorsement on a class C license
upon completion of that written examination.

(G) A vehicle or combination of vehicles with a gross
combination weight rating or a gross vehicle weight rating, as
those terms are defined in subdivisions (j) and (k), respectively,
of Section 15210, of 26,000 pounds or less, if all of the following
conditions are met:

(i) Is operated by a farmer, an employee of a farmer, or an
instructor credentialed in agriculture as part of an instructional
program in agriculture at the high school, community college, or
university level.

(ii) Is used exclusively in the conduct of agricultural operations.

(iii) Is not used in the capacity of a for-hire carrier or for
compensation.

(H) Firefighting equipment, provided that the equipment is
operated by a person who holds a firefighter endorsement pursuant
to Section 12804.11.

(I) A motorized scooter.

(J) A bus with a gross vehicle weight rating or gross vehicle
weight of 26,000 pounds or less, except a trailer bus.

(K)  Class C does not include a two-wheel motorcycle or a
two-wheel motor-driven cycle.

(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
Authority to operate a vehicle included in a class M1 license may
be granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination.

(5) (A) Class M2 includes the following:

(i) A motorized bicycle or moped, or a bicycle with an attached
motor begin delete , except a motorized bicycle described in subdivision (b) of
Section 406 end delete .

(ii) A motorized scooter.

(B) Authority to operate vehicles included in class M2 may be
granted by endorsement on a class A, B, or C license upon
completion of an appropriate examination, except that no
endorsement is required for a motorized scooter. Persons holding
a class M1 license or endorsement may operate vehicles included
in class M2 without further examination.

(c) A driver’s license or driver certificate is not valid for
operating a commercial motor vehicle, as defined in subdivision
(b) of Section 15210, any other motor vehicle defined in paragraph
(1) or (2) of subdivision (b), or any other vehicle requiring a driver
to hold any driver certificate or any driver’s license endorsement
under Section 15275, unless a medical certificate approved by the
department that has been issued within two years of the date of
the operation of that vehicle and a copy of the medical examination
report from which the certificate was issued is on file with the
department. Otherwise, the license is valid only for operating class
C vehicles that are not commercial vehicles, as defined in
subdivision (b) of Section 15210, and for operating class M1 or
M2 vehicles, if so endorsed, that are not commercial vehicles, as
defined in subdivision (b) of Section 15210.

(d) A license or driver certificate issued prior to the enactment
of Chapter 7 (commencing with Section 15200) is valid to operate
the class or type of vehicles specified under the law in existence
prior to that enactment until the license or certificate expires or is
otherwise suspended, revoked, or canceled. Upon application for
renewal or replacement of a driver’s license, endorsement, or
certificate required to operate a commercial motor vehicle, a valid
medical certificate on a form approved by the department shall be
submitted to the department.

(e) The department may accept a certificate of driving skill that
is issued by an employer, authorized by the department to issue a
certificate under Section 15250, of the applicant, in lieu of a driving
test, on class A or B applications, if the applicant has first qualified
for a class C license and has met the other examination
requirements for the license for which he or she is applying. The
certificate may be submitted as evidence of the applicant’s skill
in the operation of the types of equipment covered by the license
for which he or she is applying.

(f) The department may accept a certificate of competence in
lieu of a driving test on class M1 or M2 applications, when the
certificate is issued by a law enforcement agency for its officers
who operate class M1 or M2 vehicles in their duties, if the applicant
has met the other examination requirements for the license for
which he or she is applying.

(g) The department may accept a certificate of satisfactory
completion of a novice motorcyclist training program approved
by the commissioner pursuant to Section 2932 in lieu of a driving
test on class M1 or M2 applications, if the applicant has met the
other examination requirements for the license for which he or she
is applying. The department shall review and approve the written
and driving test used by a program to determine whether the
program may issue a certificate of completion.

(h) Notwithstanding subdivision (b), a person holding a valid
California driver’s license of any class may operate a short-term
rental motorized bicycle without taking any special examination
for the operation of a motorized bicycle, and without having a
class M2 endorsement on that license. As used in this subdivision,
“short-term” means 48 hours or less.

(i) A person under the age of 21 years shall not be issued a class
M1 or M2 license or endorsement unless he or she provides
evidence satisfactory to the department of completion of a
motorcycle safety training program that is operated pursuant to
Article 2 (commencing with Section 2930) of Chapter 5 of Division
2.

(j) A driver of a vanpool vehicle may operate with a class C
license but shall possess evidence of a medical examination
required for a class B license when operating vanpool vehicles. In
order to be eligible to drive the vanpool vehicle, the driver shall
keep in the vanpool vehicle a statement, signed under penalty of
perjury, that he or she has not been convicted of reckless driving,
drunk driving, or a hit-and-run offense in the last five years.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 21213 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 21213. end insert   

(a) A person under 14 years of age shall not operate
a class 3 electric bicycle.

(b) A person shall not operate a class 3 electric bicycle, or ride
upon a class 3 electric bicycle as a passenger, upon a street,
bikeway, as defined in Section 890.4 of the Streets and Highways
Code, or any other public bicycle path or trail, unless that person
is wearing a properly fitted and fastened bicycle helmet that meets
the standards of either the American Society for Testing and
Materials (ASTM) or the United States Consumer Product Safety
Commission (CPSC), or standards subsequently established by
those entities. This helmet requirement also applies to a person
who rides upon a class 3 electric bicycle while in a restraining
seat that is attached to the bicycle or in a trailer towed by the
bicycle.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 24016 of the end insert begin insert Vehicle Code end insert begin insert is repealed. end insert

begin delete

24016.  

(a) A motorized 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 motorized bicycle described
in subdivision (b) of Section 406:

(1) No person shall operate a motorized 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 motorized bicycle is subject to Sections
21200 and 21200.5.

(3) A person operating a motorized bicycle is not subject to the
provisions of this code relating to financial responsibility, driver’s
licenses, registration, and license plate requirements, and a
motorized bicycle is not a motor vehicle.

(4) A motorized bicycle shall only be operated by a person 16
years of age or older.

(5) Every manufacturer of a motorized 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) No person shall tamper with or modify a motorized bicycle
described in subdivision (b) of Section 406 so as to increase the
speed capability of the bicycle.

end delete

begin insert

begin insert SEC. 6. 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.  

Section 406 of the Vehicle Code is amended to
read:

406.  

(a) A “motorized bicycle” or “moped” is a two-wheeled
or three-wheeled device that has 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 “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 level ground.

(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.”

end delete