AB 2173, as introduced, Bradford. Vehicles: electric bicycles.
Existing law defines a motorized bicycle in one case as a device that has fully operative pedals for propulsion by human power and has an electric motor that meets specified requirements, including that it has a power output of not more than 1,000 watts, is incapable of propelling the device at a speed of more than 20 miles per hour on ground level, and 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, and requires it to meet other specified criteria.
This bill would redefine this type of “motorized bicycle” by, among other things, renaming it a “low-speed electric bicycle,” stating that it can have either 2 or 3 wheels, lowering the maximum power output to 750 watts, and requiring that it weigh no more than 80 pounds. The bill would exempt a low-speed electric bicycle from the provision prohibiting the operation of a motorized bicycle on a bicycle path or trail, bikeway, bicycle lane established as provided, equestrian trail, or hiking or recreational trail. The bill would also make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 406 of the Vehicle Code is amended to
2read:
(a) A “motorized bicycle” or “moped” is any two-wheeled
4or three-wheeled device having fully operative pedals for
5propulsion by human power, or having no pedals if powered solely
6by electrical energy, and an automatic transmission and a motor
7begin delete whichend deletebegin insert thatend insert produces less than 2 gross brake horsepower and is
8capable of propelling the device at a maximum speed of not more
9than 30 miles per hour on level ground.
10(b) Abegin delete “motorized bicycle”end deletebegin insert
“low-speed electric bicycle”end insert isbegin delete alsoend delete
11 abegin insert two-wheeled or three-wheeledend insert device that has fully operative
12pedals for propulsion by human power and has an electric motor
13that meets all of the following requirements:
14(1) Has a power output of not more thanbegin delete 1,000end deletebegin insert 750end insert wattsbegin insert (1 hp)end insert.
15(2) Is incapable of propelling the device at a speed of more than
1620 miles per hour onbegin delete ground levelend deletebegin insert
a paved level surface, when
17powered solely by a motor when ridden by an operator who weighs
18170 poundsend insert.
19(3) Is incapable of further increasing the speed of the device
20when human power is used to propel thebegin delete motorized bicycleend deletebegin insert deviceend insert
21 faster than 20 miles per hour.
22(4) Has a weight of not more than 80 pounds.
end insert23(4)
end delete
24begin insert(5)end insert Every manufacturer ofbegin delete motorizedend deletebegin insert
low-speed electricend insert bicycles,
25as defined in this subdivision, shall provide a disclosure to buyers
26that advises buyers that their existing insurance policies may not
27provide coverage for these bicycles and that they should contact
28their insurance company or insurance agent to determine if
29coverage is provided.
30(c) The disclosure required under paragraphbegin delete (4)end deletebegin insert (5)end insert of
31subdivision (b) shall meet both of the following requirements:
32(1) The disclosure shall be printed in not less than 14-point
33boldface type on a single sheet of paper that contains no
34information other than the disclosure.
35(2) The
disclosure shall include the following language in capital
36letters:
P3 1“YOUR INSURANCE POLICIES MAY NOT PROVIDE
2COVERAGE FOR ACCIDENTS INVOLVING THE USE OF
3THIS BICYCLE. TO DETERMINE IF COVERAGE IS
4PROVIDED YOU SHOULD CONTACT YOUR INSURANCE
5COMPANY OR AGENT.”
Section 21207.5 of the Vehicle Code is amended to
8read:
begin deleteNotwithstanding end deletebegin insert(a)end insertbegin insert end insertbegin insertExcept as provided in
10subdivision (b), and notwithstanding end insertSections 21207 and 23127
11begin delete of this code,end delete or any otherbegin delete provision of law, noend deletebegin insert law, aend insert motorized
12bicyclebegin delete mayend deletebegin insert
shall notend insert
be operated on a bicycle path or trail,
13bikeway, bicycle lane established pursuant to Section 21207,
14equestrian trail, or hiking or recreational trail, unless it is within
15or adjacent to a roadway or unless the local authority or the
16governing body of a public agency having jurisdiction overbegin delete suchend delete
17begin insert thatend insert path or trail permits, by ordinance,begin delete suchend deletebegin insert thatend insert operation.
18(b) The prohibition on a motorized bicycle being operated on
19a bicycle path or trail, bikeway, bicycle lane
established pursuant
20to Section 21207, equestrian trail, or hiking or recreational trail,
21pursuant to subdivision (a), does not apply to a low-speed electric
22bicycle as defined in subdivision (b) of Section 406.
Section 24016 of the Vehicle Code is amended to read:
(a) Abegin delete motorizedend deletebegin insert low-speed electricend insert bicycle described
25in subdivision (b) of Section 406 shall meet the following criteria:
26(1) Comply with the equipment and manufacturing requirements
27for bicycles adopted by the Consumer Product Safety Commission
28(16 C.F.R. 1512.1, et seq.) or the requirements adopted by the
29National Highway Traffic Safety Administration (49 C.F.R. 571.1,
30et seq.) in accordance with the National Traffic and Motor Vehicle
31Safety Act of 1966 (15 U.S.C. Sec. 1381, et seq.) for motor driven
32cycles.
33(2) Operate in a manner so that the electric motor is disengaged
34or ceases to function when the brakes are applied, or operate in a
35manner such that the motor is engaged through a switch or
36mechanism that, when released, will cause the electric motor to
37disengage or cease to function.
38(b) All of the following apply to abegin delete motorizedend deletebegin insert low-speed electricend insert
39 bicycle described in subdivision (b) of Section 406:
P4 1(1) begin deleteNo end deletebegin insertA end insertperson shall begin insertnot
end insertoperate abegin delete motorizedend deletebegin insert
low-speed electricend insert
2 bicycle unless the person is wearing a properly fitted and fastened
3bicycle helmet that meets the standards described in Section 21212.
4(2) A person operating abegin delete motorizedend deletebegin insert low-speed electricend insert bicycle
5is subject to Sections 21200 and 21200.5.
6(3) A person operating abegin delete motorizedend deletebegin insert low-speed electricend insert bicycle
7is not subject to the provisions of this code relating to financial
8responsibility, driver’s licenses, registration, and license plate
9requirements,
and abegin delete motorizedend deletebegin insert
low-speed electricend insert bicycle is not a
10motor vehicle.
11(4) Abegin delete motorizedend deletebegin insert low-speed electricend insert bicycle shall only be
12operated by a person 16 years of age or older.
13(5) Every manufacturer of abegin delete motorizedend deletebegin insert low-speed electricend insert bicycle
14shall certify that it complies with the equipment and manufacturing
15requirements for bicycles adopted by the Consumer Product Safety
16Commission (16 C.F.R. 1512.1, et seq.).
17(c) begin deleteNo end deletebegin insertA
end insertperson shallbegin insert notend insert tamper with or modify abegin delete motorizedend delete
18begin insert low-speed electricend insert bicycle described in subdivision (b) of Section
19406 so as to increase the speed capability of the bicycle.
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