Amended in Senate September 4, 2015

Amended in Senate June 15, 2015

Amended in Assembly April 29, 2015

Amended in Assembly April 22, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1096


Introduced by Assembly Member Chiu

(Principal coauthor: Assembly Member Harper)

February 27, 2015


An act to amend Sections 406, 12804.9, 21113, 21207.5, and 24016 of, and to add Sections 312.5 and 21213 to, the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1096, as amended, Chiu. Vehicles: electric bicycles.

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

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.

This bill would delete the latter definition of a “motorized bicycle.” 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 manufacturers or distributors of electric bicycles to affix a label to each electric bicycle that describes its classification number, top assisted speed, and motor wattage. The bill would require every electric bicycle manufacturer to certify that it complies with specified equipment and manufacturing requirements. The bill would also require an electric bicycle to operate in a manner so that the electric motor disengages or stops functioning when brakes are applied, or in a manner so that the release or activation of a switch or other mechanism disengages or stops the electric motor from functioning.

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 16 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 prohibit the operation of a class 3 electric bicycle on specified paths, lanes, or trails, unless that operation is authorized by a local ordinance. The bill would also authorize a local authority or governing body to prohibit, by ordinance, the operation of class 1 or class 2 electric bicycles on specified paths or trails. The bill would prohibit a person from tampering with or modifying an electric bicycle to change its speed capability, unless he or she appropriately replaces the classification label. The bill would specify that a person operating an electric bicycle is not subject to financial responsibility, driver’s license, registration, or license plate requirements. The bill would also make conforming changes.

begin insert

This bill would incorporate additional changes to Section 21113 of the Vehicle Code proposed by AB 604 that would become operative only if this bill and AB 604 are both chaptered, and this bill is chaptered last.

end 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.

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:

P3    1

SECTION 1.  

Section 312.5 is added to the Vehicle Code, to
2read:

3

312.5.  

(a) An “electric bicycle” is a bicycle equipped with
4fully operable pedals and an electric motor of less than 750 watts.

5(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted
6electric bicycle,” is a bicycle equipped with a motor that provides
7assistance only when the rider is pedaling, and that ceases to
8provide assistance when the bicycle reaches the speed of 20 miles
9per hour.

10(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted
11electric bicycle,” is a bicycle equipped with a motor that may be
12used exclusively to propel the bicycle, and that is not capable of
13providing assistance when the bicycle reaches the speed of 20
14miles per hour.

15(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric
16bicycle,” is a bicycle equipped with a motor that provides
17assistance only when the rider is pedaling, and that ceases to
18provide assistance when the bicycle reaches the speed of 28 miles
19per hour, and equipped with a speedometer.

20(b) A person riding an electric bicycle, as defined in this section,
21is subject to Article 4 (commencing with Section 21200) of Chapter
221 of Division 11.

23(c) On and after January 1, 2017, manufacturers and distributors
24of electric bicycles shall apply a label that is permanently affixed,
25in a prominent location, to each electric bicycle. The label shall
26contain the classification number, top assisted speed, and motor
27wattage of the electric bicycle, and shall be printed in Arial font
28in at least 9-point type.

29

SEC. 2.  

Section 406 of the Vehicle Code is amended to read:

P4    1

406.  

(a) A “motorized bicycle” or “moped” is a two-wheeled
2or three-wheeled device having fully operative pedals for
3propulsion by human power, or having no pedals if powered solely
4by electrical energy, and an automatic transmission and a motor
5that produces less than 4 gross brake horsepower and is capable
6of propelling the device at a maximum speed of not more than 30
7miles per hour on level ground.

8(b) Every manufacturer of a motorized bicycle or moped, as
9defined in this section, shall provide a disclosure to buyers that
10advises buyers that their existing insurance policies may not
11provide coverage for these bicycles and that they should contact
12their insurance company or insurance agent to determine if
13coverage is provided. The disclosure shall meet both of the
14 following requirements:

15(1) The disclosure shall be printed in not less than 14-point
16boldface type on a single sheet of paper that contains no
17information other than the disclosure.

18(2) The disclosure shall include the following language in capital
19letters:


21“YOUR INSURANCE POLICIES MAY NOT PROVIDE
22COVERAGE FOR ACCIDENTS INVOLVING THE USE OF
23THIS BICYCLE. TO DETERMINE IF COVERAGE IS
24PROVIDED YOU SHOULD CONTACT YOUR INSURANCE
25COMPANY OR AGENT.”


27

SEC. 3.  

Section 12804.9 of the Vehicle Code is amended to
28read:

29

12804.9.  

(a) (1) The examination shall include all of the
30following:

31(A) A test of the applicant’s knowledge and understanding of
32the provisions of this code governing the operation of vehicles
33upon the highways.

34(B) A test of the applicant’s ability to read and understand
35simple English used in highway traffic and directional signs.

36(C) A test of the applicant’s understanding of traffic signs and
37signals, including the bikeway signs, markers, and traffic control
38devices established by the Department of Transportation.

39(D) An actual demonstration of the applicant’s ability to exercise
40ordinary and reasonable control in operating a motor vehicle by
P5    1driving it under the supervision of an examining officer. The
2applicant shall submit to an examination appropriate to the type
3of motor vehicle or combination of vehicles he or she desires a
4license to drive, except that the department may waive the driving
5test part of the examination for any applicant who submits a license
6issued by another state, territory, or possession of the United States,
7the District of Columbia, or the Commonwealth of Puerto Rico if
8the department verifies through any acknowledged national driver
9record data source that there are no stops, holds, or other
10impediments to its issuance. The examining officer may request
11to see evidence of financial responsibility for the vehicle prior to
12supervising the demonstration of the applicant’s ability to operate
13the vehicle. The examining officer may refuse to examine an
14applicant who is unable to provide proof of financial responsibility
15for the vehicle, unless proof of financial responsibility is not
16required by this code.

17(E) A test of the hearing and eyesight of the applicant, and of
18other matters that may be necessary to determine the applicant’s
19mental and physical fitness to operate a motor vehicle upon the
20highways, and whether any grounds exist for refusal of a license
21under this code.

22(2) (A) Before a class A or class B driver’s license, or class C
23driver’s license with a commercial endorsement, may be issued
24or renewed, the applicant shall have in his or her driver record a
25valid report of a medical examination of the applicant given not
26more than two years prior to the date of the application by a health
27care professional. As used in this paragraph, “health care
28professional” means a person who is licensed, certified, or
29registered in accordance with applicable state laws and regulations
30 to practice medicine and perform physical examinations in the
31United States. Health care professionals are doctors of medicine,
32doctors of osteopathy, physician assistants, and registered advanced
33practice nurses, or doctors of chiropractic who are clinically
34competent to perform the medical examination presently required
35of motor carrier drivers by the United States Department of
36Transportation. The report shall be on a form approved by the
37department. In establishing the requirements, consideration may
38be given to the standards presently required of motor carrier drivers
39by the Federal Motor Carrier Safety Administration.

P6    1(B) The department may accept a federal waiver of one or more
2physical qualification standards if the waiver is accompanied by
3a report of a nonqualifying medical examination for a class A or
4class B driver’s license, or class C driver’s license with a
5commercial endorsement, pursuant to Section 391.41(a)(3)(ii) of
6Subpart E of Part 391 of Title 49 of the Code of Federal
7Regulations.

8(3) A physical defect of the applicant that, in the opinion of the
9department, is compensated for to ensure safe driving ability, shall
10not prevent the issuance of a license to the applicant.

11(b) In accordance with the following classifications, an applicant
12for a driver’s license shall be required to submit to an examination
13appropriate to the type of motor vehicle or combination of vehicles
14the applicant desires a license to drive:

15(1) Class A includes the following:

16(A) Except as provided in subparagraph (H) of paragraph (3),
17a combination of vehicles, if a vehicle being towed has a gross
18vehicle weight rating or gross vehicle weight of more than 10,000
19pounds.

20(B) A vehicle towing more than one vehicle.

21(C) A trailer bus.

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

23(2) Class B includes the following:

24(A) Except as provided in subparagraph (H) of paragraph (3),
25a single vehicle with a gross vehicle weight rating or gross vehicle
26weight of more than 26,000 pounds.

27(B) A single vehicle with three or more axles, except any
28three-axle vehicle weighing less than 6,000 pounds.

29(C) A bus with a gross vehicle weight rating or gross vehicle
30weight of more than 26,000 pounds, except a trailer bus.

31(D) A farm labor vehicle.

32(E) A single vehicle with three or more axles or a gross vehicle
33weight rating or gross vehicle weight of more than 26,000 pounds
34towing another vehicle with a gross vehicle weight rating or gross
35vehicle weight of 10,000 pounds or less.

36(F) A house car over 40 feet in length, excluding safety devices
37and safety bumpers.

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

39(3) Class C includes the following:

P7    1(A) A two-axle vehicle with a gross vehicle weight rating or
2gross vehicle weight of 26,000 pounds or less, including when the
3vehicle is towing a trailer or semitrailer with a gross vehicle weight
4rating or gross vehicle weight of 10,000 pounds or less.

5(B) Notwithstanding subparagraph (A), a two-axle vehicle
6weighing 4,000 pounds or more unladen when towing a trailer
7coach not exceeding 9,000 pounds gross.

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

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

10(E) A house car of 40 feet in length or less or a vehicle towing
11another vehicle with a gross vehicle weight rating of 10,000 pounds
12or less, including when a tow dolly is used. A person driving a
13vehicle may not tow another vehicle in violation of Section 21715.

14(F) (i) A two-axle vehicle weighing 4,000 pounds or more
15unladen when towing either a trailer coach or a fifth-wheel travel
16trailer not exceeding 10,000 pounds gross vehicle weight rating,
17when the towing of the trailer is not for compensation.

18(ii) A two-axle vehicle weighing 4,000 pounds or more unladen
19when towing a fifth-wheel travel trailer exceeding 10,000 pounds,
20but not exceeding 15,000 pounds, gross vehicle weight rating,
21when the towing of the trailer is not for compensation, and if the
22person has passed a specialized written examination provided by
23the department relating to the knowledge of this code and other
24safety aspects governing the towing of recreational vehicles upon
25the highway.

26The authority to operate combinations of vehicles under this
27subparagraph may be granted by endorsement on a class C license
28upon completion of that written examination.

29(G) A vehicle or combination of vehicles with a gross
30 combination weight rating or a gross vehicle weight rating, as
31those terms are defined in subdivisions (j) and (k), respectively,
32of Section 15210, of 26,000 pounds or less, if all of the following
33conditions are met:

34(i) Is operated by a farmer, an employee of a farmer, or an
35instructor credentialed in agriculture as part of an instructional
36program in agriculture at the high school, community college, or
37university level.

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

39(iii) Is not used in the capacity of a for-hire carrier or for
40compensation.

P8    1(H) Firefighting equipment, provided that the equipment is
2operated by a person who holds a firefighter endorsement pursuant
3to Section 12804.11.

4(I) A motorized scooter.

5(J) A bus with a gross vehicle weight rating or gross vehicle
6weight of 26,000 pounds or less, except a trailer bus.

7(K)  Class C does not include a two-wheel motorcycle or a
8two-wheel motor-driven cycle.

9(4) Class M1. A two-wheel motorcycle or a motor-driven cycle.
10Authority to operate a vehicle included in a class M1 license may
11be granted by endorsement on a class A, B, or C license upon
12completion of an appropriate examination.

13(5) (A) Class M2 includes the following:

14(i) A motorized bicycle or moped, or a bicycle with an attached
15 motor, except an electric bicycle as described in subdivision (a)
16of Section 312.5.

17(ii) A motorized scooter.

18(B) Authority to operate vehicles included in class M2 may be
19granted by endorsement on a class A, B, or C license upon
20completion of an appropriate examination, except that no
21endorsement is required for a motorized scooter. Persons holding
22a class M1 license or endorsement may operate vehicles included
23in class M2 without further examination.

24(c) A driver’s license or driver certificate is not valid for
25operating a commercial motor vehicle, as defined in subdivision
26(b) of Section 15210, any other motor vehicle defined in paragraph
27(1) or (2) of subdivision (b), or any other vehicle requiring a driver
28to hold any driver certificate or any driver’s license endorsement
29under Section 15275, unless a medical certificate approved by the
30department that has been issued within two years of the date of
31the operation of that vehicle and a copy of the medical examination
32report from which the certificate was issued is on file with the
33department. Otherwise, the license is valid only for operating class
34C vehicles that are not commercial vehicles, as defined in
35subdivision (b) of Section 15210, and for operating class M1 or
36M2 vehicles, if so endorsed, that are not commercial vehicles, as
37defined in subdivision (b) of Section 15210.

38(d) A license or driver certificate issued prior to the enactment
39of Chapter 7 (commencing with Section 15200) is valid to operate
40the class or type of vehicles specified under the law in existence
P9    1prior to that enactment until the license or certificate expires or is
2otherwise suspended, revoked, or canceled. Upon application for
3renewal or replacement of a driver’s license, endorsement, or
4certificate required to operate a commercial motor vehicle, a valid
5medical certificate on a form approved by the department shall be
6submitted to the department.

7(e) The department may accept a certificate of driving skill that
8is issued by an employer, authorized by the department to issue a
9certificate under Section 15250, of the applicant, in lieu of a driving
10test, on class A or B applications, if the applicant has first qualified
11for a class C license and has met the other examination
12requirements for the license for which he or she is applying. The
13certificate may be submitted as evidence of the applicant’s skill
14in the operation of the types of equipment covered by the license
15for which he or she is applying.

16(f) The department may accept a certificate of competence in
17lieu of a driving test on class M1 or M2 applications, when the
18certificate is issued by a law enforcement agency for its officers
19who operate class M1 or M2 vehicles in their duties, if the applicant
20has met the other examination requirements for the license for
21which he or she is applying.

22(g) The department may accept a certificate of satisfactory
23completion of a novice motorcyclist training program approved
24by the commissioner pursuant to Section 2932 in lieu of a driving
25test on class M1 or M2 applications, if the applicant has met the
26other examination requirements for the license for which he or she
27is applying. The department shall review and approve the written
28and driving test used by a program to determine whether the
29program may issue a certificate of completion.

30(h) Notwithstanding subdivision (b), a person holding a valid
31California driver’s license of any class may operate a short-term
32rental motorized bicycle without taking any special examination
33for the operation of a motorized bicycle, and without having a
34class M2 endorsement on that license. As used in this subdivision,
35“short-term” means 48 hours or less.

36(i) A person under the age of 21 years shall not be issued a class
37M1 or M2 license or endorsement unless he or she provides
38evidence satisfactory to the department of completion of a
39motorcycle safety training program that is operated pursuant to
P10   1Article 2 (commencing with Section 2930) of Chapter 5 of Division
22.

3(j) A driver of a vanpool vehicle may operate with a class C
4license but shall possess evidence of a medical examination
5required for a class B license when operating vanpool vehicles. In
6order to be eligible to drive the vanpool vehicle, the driver shall
7keep in the vanpool vehicle a statement, signed under penalty of
8perjury, that he or she has not been convicted of reckless driving,
9drunk driving, or a hit-and-run offense in the last five years.

10

SEC. 4.  

Section 21113 of the Vehicle Code is amended to read:

11

21113.  

(a) A person shall not drive a vehicle or animal, or
12stop, park, or leave standing a vehicle or animal, whether attended
13or unattended, upon the driveways, paths, parking facilities, or the
14grounds of any public school, state university, state college, unit
15of the state park system, county park, municipal airport, rapid
16transit district, transit development board, transit district, public
17transportation agency, county transportation commission created
18pursuant to Section 130050 of the Public Utilities Code, joint
19powers agency operating or managing a commuter rail system, or
20any property under the direct control of the legislative body of a
21municipality, or a state, county, or hospital district institution or
22building, or an educational institution exempted, in whole or in
23part, from taxation, or any harbor improvement district or harbor
24district formed pursuant to Part 2 (commencing with Section 5800)
25or Part 3 (commencing with Section 6000) of Division 8 of the
26Harbors and Navigation Code, a district organized pursuant to Part
273 (commencing with Section 27000) of Division 16 of the Streets
28and Highways Code, or state grounds served by the Department
29of the California Highway Patrol, or any property under the
30possession or control of a housing authority formed pursuant to
31Article 2 (commencing with Section 34240) of Chapter 1 of Part
322 of Division 24 of the Health and Safety Code, except with the
33permission of, and upon and subject to any condition or regulation
34that may be imposed by, the legislative body of the municipality,
35or the governing board or officer of the public school, state
36university, state college, county park, municipal airport, rapid
37transit district, transit development board, transit district, public
38transportation agency, county transportation commission, joint
39powers agency operating or managing a commuter rail system, or
40state, county, or hospital district institution or building, or
P11   1educational institution, or harbor district, or a district organized
2pursuant to Part 3 (commencing with Section 27000) of Division
316 of the Streets and Highways Code, or housing authority, or the
4Director of Parks and Recreation regarding units of the state park
5system or the state agency with jurisdiction over the grounds served
6by the Department of the California Highway Patrol.

7(b) A governing board, legislative body, or officer shall erect
8or place appropriate signs giving notice of any special conditions
9or regulations that are imposed under this section and the governing
10board, legislative body, or officer shall also prepare and keep
11available at the principal administrative office of the governing
12board, legislative body, or officer, for examination by all interested
13persons, a written statement of all those special conditions and
14regulations adopted pursuant to this section.

15(c) When a governing board, legislative body, or officer permits
16public traffic upon the driveways, paths, parking facilities, or
17grounds under their control then, except for those conditions
18imposed or regulations enacted by the governing board, legislative
19body, or officer applicable to the traffic, all the provisions of this
20code relating to traffic upon the highways shall be applicable to
21the traffic upon the driveways, paths, parking facilities, or grounds.

22(d) A public transportation agency that imposes any condition
23or regulation upon a person who parks or leaves standing a vehicle,
24pursuant to subdivision (a), is authorized to do either of the
25following:

26(1) Enforce that condition or regulation in the manner provided
27in Article 3 (commencing with Section 40200) of Chapter 1 of
28Division 17 of this code. The public transportation agency shall
29be considered the issuing agency for that purpose.

30(2) Designate regularly employed and salaried employees, who
31are engaged in directing traffic or enforcing parking laws and
32regulations, for the purpose of removing any vehicle in the same
33manner as a city, county, or jurisdiction of a state agency pursuant
34to Chapter 10 (commencing with Section 22650) of Division 11
35of this code.

36(e) With respect to the permitted use of vehicles or animals on
37property under the direct control of the legislative body of a
38municipality, no change in the use of vehicles or animals on the
39property, that had been permitted on January 1, 1976, shall be
40effective unless and until the legislative body, at a meeting open
P12   1to the general public, determines that the use of vehicles or animals
2on the property should be prohibited or regulated.

3(f) A transit development board may adopt ordinances, rules,
4or regulations to restrict, or specify the conditions for, the use of
5bicycles, motorized bicycles, electric bicycles, skateboards, and
6roller skates on property under the control of, or any portion of
7property used by, the board.

8(g) A public agency, including, but not limited to, the Regents
9of the University of California and the Trustees of the California
10State University, may adopt rules or regulations to restrict, or
11specify the conditions for, the use of bicycles, motorized bicycles,
12electric bicycles, skateboards, and roller skates on public property
13under the jurisdiction of that agency.

14(h) “Housing authority,” for the purposes of this section, means
15a housing authority located within a county with a population of
16overbegin delete six millionend deletebegin insert 6,000,000end insert people, and any other housing authority
17that complies with the requirements of this section.

18(i) “Public transportation agency,” for purposes of this section,
19means a public agency that provides public transportation as
20defined in paragraph (1) of subdivision (f) of Section 1 of Article
21XIX A of the California Constitution.

22begin insert

begin insertSEC. 4.5.end insert  

end insert

begin insertSection 21113 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to
23read:end insert

24

21113.  

(a) A person shall not drive a vehicle or animal, or
25stop, park, or leave standing a vehicle or animal, whether attended
26or unattended, upon the driveways, paths, parking facilities, or the
27grounds of any public school, state university, state college, unit
28of the state park system, county park, municipal airport, rapid
29transit district, transit development board, transit district, public
30transportation agency, county transportation commission created
31pursuant to Section 130050 of the Public Utilities Code, joint
32powers agency operating or managing a commuter rail system, or
33any property under the direct control of the legislative body of a
34municipality, or a state, county, or hospital district institution or
35building, or an educational institution exempted, in whole or in
36part, from taxation, or any harbor improvement district or harbor
37district formed pursuant to Part 2 (commencing with Section 5800)
38or Part 3 (commencing with Section 6000) of Division 8 of the
39Harbors and Navigation Code, a district organized pursuant to Part
403 (commencing with Section 27000) of Division 16 of the Streets
P13   1and Highways Code, or state grounds served by the Department
2of the California Highway Patrol, or any property under the
3possession or control of a housing authority formed pursuant to
4Article 2 (commencing with Section 34240) of Chapter 1 of Part
52 of Division 24 of the Health and Safety Code, except with the
6permission of, and upon and subject to any condition or regulation
7that may be imposed by, the legislative body of the municipality,
8or the governing board or officer of the public school, state
9university, state college, county park, municipal airport, rapid
10transit district, transit development board, transit district, public
11transportation agency, county transportation commission, joint
12powers agency operating or managing a commuter rail system, or
13state, county, or hospital district institution or building, or
14educational institution, or harbor district, or a district organized
15pursuant to Part 3 (commencing with Section 27000) of Division
1616 of the Streets and Highways Code, or housing authority, or the
17Director of Parks and Recreation regarding units of the state park
18system or the state agency with jurisdiction over the grounds served
19by the Department of the California Highway Patrol.

20(b) A governing board, legislative body, or officer shall erect
21or place appropriate signs giving notice of any special conditions
22or regulations that are imposed under this section and the governing
23board, legislative body, or officer shall also prepare and keep
24available at the principal administrative office of the governing
25board, legislative body, or officer, for examination by all interested
26persons, a written statement of all those special conditions and
27regulations adopted pursuant to this section.

28(c) When a governing board, legislative body, or officer permits
29public traffic upon the driveways, paths, parking facilities, or
30grounds under their control then, except for those conditions
31imposed or regulations enacted by the governing board, legislative
32body, or officer applicable to the traffic, all the provisions of this
33code relating to traffic upon the highways shall be applicable to
34the traffic upon the driveways, paths, parking facilities, or grounds.

35(d) A public transportation agency that imposes any condition
36or regulation upon a person who parks or leaves standing a vehicle,
37pursuant to subdivision (a), is authorized to do either of the
38following:

39(1) Enforce that condition or regulation in the manner provided
40in Article 3 (commencing with Section 40200) of Chapter 1 of
P14   1Division 17 of this code. The public transportation agency shall
2be considered the issuing agency for that purpose.

3(2) Designate regularly employed and salaried employees, who
4are engaged in directing traffic or enforcing parking laws and
5regulations, for the purpose of removing any vehicle in the same
6manner as a city, county, or jurisdiction of a state agency pursuant
7to Chapter 10 (commencing with Section 22650) of Division 11
8of this code.

9(e) With respect to the permitted use of vehicles or animals on
10property under the direct control of the legislative body of a
11municipality, no change in the use of vehicles or animals on the
12property, that had been permitted on January 1, 1976, shall be
13effective unless and until the legislative body, at a meeting open
14to the general public, determines that the use of vehicles or animals
15on the property should be prohibited or regulated.

16(f) A transit development board may adopt ordinances, rules,
17or regulations to restrict, or specify the conditions for, the use of
18bicycles, motorized bicycles,begin insert electric bicycles,end insert skateboards,
19begin insert electrically motorized boards,end insert and roller skates on property under
20the control of, or any portion of property used by, the board.

21(g) A public agency, including, but not limited to, the Regents
22of the University of California and the Trustees of the California
23State University, may adopt rules or regulations to restrict, or
24specify the conditions for, the use of bicycles, motorized bicycles,
25begin insert electric bicycles,end insert skateboards,begin insert electrically motorized boards,end insert and
26roller skates on public property under the jurisdiction of that
27agency.

28(h) “Housing authority,” for the purposes of this section, means
29a housing authority located within a county with a population of
30overbegin delete six millionend deletebegin insert 6,000,000end insert people, and any other housing authority
31that complies with the requirements of this section.

32(i) “Public transportation agency,” for purposes of this section,
33means a public agency that provides public transportation as
34defined in paragraph (1) of subdivision (f) of Section 1 of Article
35XIX A of the California Constitution.

36

SEC. 5.  

Section 21207.5 of the Vehicle Code is amended to
37read:

38

21207.5.  

(a) Notwithstanding Sections 21207 and 23127 of
39this code, or any other law, a motorized bicycle or class 3 electric
40bicycle shall not be operated on a bicycle path or trail, bikeway,
P15   1bicycle lane established pursuant to Section 21207, equestrian
2trail, or hiking or recreational trail, unless it is within or adjacent
3to a roadway or unless the local authority or the governing body
4of a public agency having jurisdiction over the path or trail permits,
5by ordinance, that operation.

6(b) The local authority or governing body of a public agency
7having jurisdiction over a bicycle path or trail, equestrian trail, or
8hiking or recreational trail, may prohibit, by ordinance, the
9operation of a class 1 or class 2 electric bicycle on that path or
10trail.

11

SEC. 6.  

Section 21213 is added to the Vehicle Code, to read:

12

21213.  

(a) A person under 16 years of age shall not operate a
13class 3 electric bicycle.

14(b) A person shall not operate a class 3 electric bicycle, or ride
15upon a class 3 electric bicycle as a passenger, upon a street,
16bikeway, as defined in Section 890.4 of the Streets and Highways
17Code, or any other public bicycle path or trail, unless that person
18is wearing a properly fitted and fastened bicycle helmet that meets
19the standards of either the American Society for Testing and
20Materials (ASTM) or the United States Consumer Product Safety
21Commission (CPSC), or standards subsequently established by
22those entities. This helmet requirement also applies to a person
23who rides upon a class 3 electric bicycle while in a restraining seat
24that is attached to the bicycle or in a trailer towed by the bicycle.

25

SEC. 7.  

Section 24016 of the Vehicle Code is amended to read:

26

24016.  

(a) An electric bicycle described in subdivision (a) of
27Section 312.5 shall meet the following criteria:

28(1) Comply with the equipment and manufacturing requirements
29for bicycles adopted by the United States Consumer Product Safety
30Commission (16 C.F.R. 1512.1, et seq.).

31(2) Operate in a manner so that the electric motor is disengaged
32or ceases to function when the brakes are applied, or operate in a
33manner such that the motor is engaged through a switch or
34mechanism that, when released or activated, will cause the electric
35motor to disengage or cease to function.

36(b) A person operating an electric bicycle is not subject to the
37provisions of this code relating to financial responsibility, driver’s
38licenses, registration, and license plate requirements, and an electric
39bicycle is not a motor vehicle.

P16   1(c) Every manufacturer of an electric bicycle shall certify that
2it complies with the equipment and manufacturing requirements
3for bicycles adopted by the United States Consumer Product Safety
4Commission (16 C.F.R. 1512.1, et seq.).

5(d) A person shall not tamper with or modify an electric bicycle
6described in subdivision (a) of Section 312.5 so as to change the
7speed capability of the bicycle, unless he or she appropriately
8replaces the label indicating the classification required in
9subdivision (c) of Section 312.5.

10begin insert

begin insertSEC. 8.end insert  

end insert
begin insert

Section 4.5 of this bill incorporates amendments to
11Section 21113 of the Vehicle Code proposed by both this bill and
12Assembly Bill 604. It shall only become operative if (1) both bills
13are enacted and become effective on or before January 1, 2016,
14(2) each bill amends Section 21113 of the Vehicle Code, and (3)
15this bill is enacted after Assembly Bill 604, in which case Section
164 of this bill shall not become operative.

end insert
17

begin deleteSEC. 8.end delete
18begin insertSEC. 9.end insert  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.



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