Bill Text: CA AB2989 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Motorized scooter: use of helmet: maximum speed.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-09-19 - Chaptered by Secretary of State - Chapter 552, Statutes of 2018. [AB2989 Detail]
Download: California-2017-AB2989-Amended.html
250 750 watts, and does not exceed a speed of 15 20 miles per hour. A standup electric scooter may also allow human propulsion.
Bill Title: Motorized scooter: use of helmet: maximum speed.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-09-19 - Chaptered by Secretary of State - Chapter 552, Statutes of 2018. [AB2989 Detail]
Download: California-2017-AB2989-Amended.html
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Amended
IN
Assembly
April 03, 2018 |
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Amended
IN
Assembly
March 22, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2989 |
| Introduced by Assembly Member Flora (Coauthor: Assembly Member Chen) |
February 16, 2018 |
An act to amend Sections 407.5, 21203, 21209, 21210, and 21212 of, and to add Section 543.7 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2989, as amended, Flora.
Standup electric scooters.
Existing law generally prescribes the operation of a motorized scooter, as defined, and requires a driver’s license or permit to operate a motorized scooter. A violation of prescriptions or prohibitions regarding motorized scooters is a crime.
Under existing law, it is a crime for a person riding, among other things, a bicycle to attach the bicycle or the person to a vehicle on the roadway. Under existing law, it is a crime to leave a bicycle on a sidewalk so that there is not an adequate path for pedestrians. Existing law requires a person minor operating, among other things, a bicycle or a nonmotorized scooter to wear a helmet, as prescribed, and
failure to do so is a crime.
This bill would define a “standup electric scooter” as a 2-wheeled device that has handlebars and a floorboard that is designed to be stood upon while riding, is powered by an electric motor of less than 250 750 watts, and does not exceed a speed of 15 20 miles per hour. The bill would except a standup electric scooter from the definition of a motorized scooter. The bill would, among other provisions, require the minor operator of a standup electric
scooter to wear a bicycle helmet while operating the standup electric scooter. The bill would expand the bicycle-related offenses described above to include a standup electric scooter. By expanding the scope of existing crimes, this 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 407.5 of the Vehicle Code is amended to read:407.5.
(a) A “motorized scooter” is any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor. This device may also have a driver seat that does not interfere with the ability of the rider to stand and ride and may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, a motorized bicycle or moped, as defined in Section 406, or a standup electric scooter, as defined in Section 543.7, is not a motorized scooter.(b) A device meeting the definition in subdivision
(a) that is powered by a source other than electrical power is also a motorized scooter.
(c) (1) A manufacturer of motorized scooters shall provide a disclosure to buyers that advises buyers that the buyers’ existing insurance policies may not provide coverage for these scooters and that the buyers should contact their insurance company or insurance agent to determine if coverage is provided.
(2) The disclosure required under paragraph (1) shall meet both of the following requirements:
(A) 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.
(B) The disclosure shall include the following language in capital letters:
“YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”
(d) (1) A manufacturer of motorized scooters shall provide a disclosure to a buyer that advises the buyer that the buyer may not modify or alter the exhaust system to cause that system to amplify or create an excessive noise, or to fail to meet applicable emission requirements.
(2) The disclosure required under paragraph (1) shall meet both of the following requirements:
(A) 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.
(B) The disclosure shall include the following language in capital letters:
“YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE SECTION 21226, OR TO FAIL TO MEET APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156.”
SEC. 2.
Section 543.7 is added to the Vehicle Code, to read:543.7.
(a) A “standup electric scooter” is a two-wheeled device that has handlebars and a floorboard that is designed to be stood upon while riding, is powered by an electric motor of less than(b) Except
as provided in subdivision (c), a standup electric scooter may be operated on sidewalks and may be parked in the same manner and at the same locations as a bicycle may be parked.
(c) A local authority may adopt rules and regulations by ordinance or resolution prohibiting or restricting persons from riding or propelling a standup electric scooter on highways,
sidewalks, or roadways.
SEC. 3.
Section 21203 of the Vehicle Code is amended to read:21203.
A person riding upon any motorcycle, motorized bicycle, bicycle, coaster, standup electric scooter, roller skates, sled, or toy vehicle shall not attach the same or himself or herself to any streetcar or vehicle on the roadway.SEC. 4.
Section 21209 of the Vehicle Code is amended to read:21209.
(a) A person shall not drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:(1) To park where parking is permitted.
(2) To enter or leave the roadway.
(3) To prepare for a turn within a distance of 200 feet from the intersection.
(b) This section does not prohibit the use of a motorized bicycle
or a standup electric scooter in a bicycle lane, pursuant to Section 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of bicyclists.
SEC. 5.
Section 21210 of the Vehicle Code is amended to read:21210.
A person shall not leave a bicycle or a standup electric scooter lying on its side on any sidewalk, or park a bicycle or a standup electric scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic. Local authorities may, by ordinance or resolution, prohibit bicycle or standup electric scooter parking in designated areas of the public highway, provided that appropriate signs are erected.SEC. 6.
Section 21212 of the Vehicle Code is amended to read:21212.
(a) A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, a skateboard, or a standup electric scooter, nor shall he or she wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, a skateboard, or a standup electric scooter 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 requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.(b) Any helmet sold or offered for sale for use by operators and passengers of bicycles, nonmotorized scooters, skateboards, standup electric scooters, or in-line or roller skates shall be conspicuously
labeled in accordance with the standard described in subdivision (a), which shall constitute the manufacturer’s certification that the helmet conforms to the applicable safety standards.
(c) A person shall not sell, or offer for sale, for use by an operator or passenger of a bicycle, nonmotorized scooter, skateboard, standup electric scooter, or in-line or roller skates any safety helmet that is not of a type meeting requirements established by this section.
(d) Any charge under this subdivision shall be dismissed when the person charged alleges in court, under oath, that the charge against the person is the first charge against that person under this subdivision, unless it is otherwise established in court that the charge is not the first charge against the person.
(e) Except as provided in subdivision (d), a violation of this section is an infraction punishable by a fine of not more than twenty-five dollars ($25).
The parent or legal guardian having control or custody of an unemancipated minor whose conduct violates this section shall be jointly and severally liable with the minor for the amount of the fine imposed pursuant to this subdivision.
(f) Notwithstanding Section 1463 of the Penal Code or any other provision of law, the fines collected for a violation of this section shall be allocated as follows:
(1) Seventy-two and one-half percent of the amount collected shall be deposited in a special account of the county health department,
to be used for bicycle, nonmotorized scooter, skateboard, and in-line and roller skate safety education and for assisting low-income families in obtaining approved bicycle helmets for children under the age of 18 years, either on a loan or purchase basis. The county may contract for the implementation of this program, which, to the extent practicable, shall be operated in conjunction with the child passenger restraint program pursuant to Section 27360.
(2) Two and one-half percent of the amount collected shall be deposited in the county treasury to be used by the county to administer the program described in paragraph (1).
(3) If the violation occurred within a city, 25 percent of the amount collected shall be transferred to and deposited in the treasury of that city. If the
violation occurred in an unincorporated area, this 25 percent shall be deposited and used pursuant to paragraph (1).
