BILL ANALYSIS                                                                                                                                                                                                    






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: sb 527
          SENATOR ALAN LOWENTHAL, CHAIRMAN               AUTHOR:  kehoe
                                                         VERSION: 5/6/09
          Analysis by:  Jennifer Gress                   FISCAL:  no
          Hearing date:  May 12, 2009







          SUBJECT:

          Bicycles without seats

          DESCRIPTION:

          This bill allows a person to operate a bicycle on a highway that  
          does not have a seat provided the bicycle was specifically  
          designed by the manufacturer to be ridden without a seat.

          ANALYSIS:

          The California Bicycle Advisory Commission (CBAC) is an advisory  
          committee formed by the California Department of Transportation  
          (Caltrans) in 1992 to provide guidance to the department on  
          bicycle issues.  The committee is composed of 13 members who  
          represent various agencies and organizations, including the  
          California Highway Patrol, select city and regional  
          transportation agencies, and local bicycle coalitions. 

          Existing law prohibits a person from operating a bicycle and  
          from riding as a passenger on a bicycle upon a highway unless  
          the operator and passenger are "upon or astride a permanent and  
          regular seat attached thereto."

           This bill  allows a person to operate a bicycle upon a highway  
          without a seat provided the bicycle was specifically designed by  
          the manufacturer to be ridden without a seat.
          
          COMMENTS:

           1.Purpose  .  According to the author, legislation will be needed  
            pending the California Bicycle Advisory Committee's (CBAC)  
            review and approval of the seatless bicycle in early June.   




          SB 527 (KEHOE)                                           Page 2

                                                                       


            Should CBAC endorse the new bicycle technology, then the  
            definition in statute will need to be changed in order to  
            allow these newly classified bicycles to be operated upon a  
            public highway. The author believes this bicycle will appeal  
            to a broader group looking for alternative exercise and  
            recreational activities, as well as those seeking alternative  
            modes of transportation.  

           2.Background  .  This bill is sponsored by Elliptigo Incorporated,  
            which manufactures a bicycle that is intended to emulate  
            running and is, according to the manufacturer, "designed to be  
            safely and comfortably ridden in a standing position,  
            obviating the need for a seat."  According to the product  
            description, this bicycle, named the "elliptiGO glide bike,"  
            is a "high-performance fitness device that provides an outdoor  
            running-like experience without the impact.  Based on the  
            mechanics of the indoor elliptical trainer, the glide bike  
            uses a walking or running motion to propel oneself on a  
            two-wheeled platform that is similar to a bicycle.  This  
            natural motion alleviates much of the discomfort of  
            conventional bicycles while enabling the rider to engage in a  
            low-impact, weight-bearing exercise outdoors."  

            While Elliptigo Incorporated sponsors this measure, it is not  
            the only manufacturer of these types of devices.  Other  
            manufacturers include Street Strider International,  
            RandyRossStepper Corp, and FreeCross GmbH.

           3.Why require that bicycles be ridden upon a seat  ?  It appears  
            the prohibition on operating a bicycle unless upon or astride  
            a seat was added to the Vehicle Code in 1963.  Because the  
            focus of the prohibition is on the position of the rider, as  
            opposed to equipment required to be included on the bicycle,  
            and because the prohibition also applies to passengers, it  
            appears that the purpose of this code section is to prevent  
            people from riding on the handlebars or the cross bar of a  
            bicycle.   

           4.Safety issues  ?  Without seeing or riding the bicycle or having  
            it inspected by a traffic or bicycle safety professional, it  
            is difficult to evaluate whether this bicycle is safe to  
            operate on the road.  To remedy this, the manufacturer plans  
            to demonstrate the device at the next meeting of CBAC on June  
            4th so that the committee may review and comment on the  
            device.  It is unclear at this time, however, what action CBAC  
            is authorized to take with regard to these devices.




          SB 527 (KEHOE)                                           Page 3

                                                                       


          
          POSITIONS:  (Communicated to the Committee before noon on  
          Wednesday,  
                     May 6, 2009)

               SUPPORT:  None received.
          
               OPPOSED:  None received.