BILL NUMBER: AB 1029	INTRODUCED
	BILL TEXT


INTRODUCED BY  Assembly Member Frusetta

                        FEBRUARY 27, 1997

   An act to amend Section 400 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1029, as introduced, Frusetta.  Vehicles: motorcycles:
exemption.
   Existing law defines a motorcycle, for purposes of the Vehicle
Code, as any motor vehicle having a seat or saddle for the use of the
rider, designed to travel on not more than three wheels in contact
with the ground, and weighing less than 1,500 pounds.
   Existing law requires a driver and any passenger to wear a safety
helmet that meets specified standards when riding on, among other
things, a motorcycle.
   This bill would exempt from the definition of motorcycle specified
above a fully enclosed 3-wheeled motor vehicle that is commonly
known as a "Sparrow."  The bill would thereby exempt the specified
vehicle from the safety helmet requirement specified above.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 400 of the Vehicle Code is amended to read:
   400.  (a) A "motorcycle" is any motor vehicle having a seat or
saddle for the use of the rider, designed to travel on not more than
three wheels in contact with the ground, and weighing less than 1,500
pounds.
   (b) A motor vehicle that has four wheels in contact with the
ground, two of which are a functional part of a sidecar, is a
motorcycle if the vehicle otherwise comes within the definition of
subdivision (a).
   (c) A motor vehicle that is electrically powered, has a maximum
speed of 45 miles per hour, and weighs less than 2,500 pounds, is a
motorcycle if the vehicle otherwise comes within the definition of
subdivision (a).
   (d) A farm tractor is not a motorcycle.
   (e) A three-wheeled motor vehicle that otherwise meets the
requirements of subdivision (a), has a partially or completely
enclosed seating area for the driver and passenger, is used by local
public agencies for the enforcement of parking control provisions,
and is operated at slow speeds on public streets, is not a
motorcycle.  However, a motor vehicle described in this subdivision
shall comply with the applicable sections of this code imposing
equipment installation requirements on motorcycles. 
   (f) A fully enclosed three-wheeled motor vehicle that is commonly
known as a "Sparrow" is not a motorcycle.