Bill Text: CA AB1096 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: electric bicycles.

Spectrum: Bipartisan Bill

Status: (Passed) 2015-10-07 - Chaptered by Secretary of State - Chapter 568, Statutes of 2015. [AB1096 Detail]

Download: California-2015-AB1096-Amended.html

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BILL NUMBER: AB 1096	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Chiu

                        FEBRUARY 27, 2015

   An act to amend Sections  406 and 12804.9 of, 
 406, 12804.9 and 21207.5 of,  to add Sections 312.5 and
21213 to, and to repeal Section 24016 of, 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
 two-wheeled or three-wheeled   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  2nd   latter
 definition of "motorized bicycle" and  its applicable
  related  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
manufacturers or distributors of electric bicycles to affix a label
to each electric  bicycle that de   scribes its
classification number, top assisted speed, and motor wattage. 
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 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 also make
conforming changes.
   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:

  SECTION 1.  Section 312.5 is added to the Vehicle Code, to read:
   312.5.  (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. 
   (c) On and after January 1, 2017, manufacturers and distributors
of electric bicycles shall apply a label that is permanently affixed,
in a prominent location, to each electric bicycle. The label shall
contain the classification number, top assisted speed, and motor
wattage of the electric bicycle, and shall be printed in Arial font
in at least 9-point type. 
  SEC. 2.  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 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.
   (b) Every manufacturer of a motorized bicycle or moped, as defined
in this section, 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. The disclosure 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."
  SEC. 3.  Section 12804.9 of the Vehicle Code is amended to read:
   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.
   (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.
   SEC. 4.    Section 21207.5 of the   Vehicle
Code   is amended to read: 
   21207.5.   (a)    Notwithstanding Sections 21207
and 23127 of this code, or any other  provision of 
law,  no   a  motorized bicycle 
may   or class 3 electric bicycle shall not  be
operated on a bicycle path or trail, bikeway, bicycle lane
established pursuant to Section 21207, equestrian trail, or hiking or
recreational trail, unless it is within or adjacent to a roadway or
unless the local authority or the governing body of a public agency
having jurisdiction over  such  the  path
or trail permits, by ordinance,  such   that
 operation. 
   (b) The local authority or governing body of a public agency
having jurisdiction over a bicycle path or trail, equestrian trail,
or hiking or recreational trail, may prohibit, by ordinance, the
operation of a class 1 or class 2 electric bicycle on that path or
trail. 
   SEC. 4.   SEC. 5.   Section 21213 is
added to the Vehicle Code, to read:
   21213.  (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.
   SEC. 5.   SEC. 6.   Section 24016 of the
Vehicle Code is repealed.
   SEC. 6.   SEC. 7.   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.