Bill Text: CA AB875 | 2015-2016 | Regular Session | Introduced
Bill Title: Low-speed electric bicycles.
Sponsorship: Partisan Bill (Republican 4)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB875 Detail]
Download: California-2015-AB875-Introduced.html
BILL NUMBER: AB 875 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Harper
(Coauthors: Assembly Members Jones, Steinorth, and Waldron)
FEBRUARY 26, 2015
An act to amend Sections 406, 21207.5, and 24016 of the Vehicle
Code, relating to low-speed electric bicycles.
LEGISLATIVE COUNSEL'S DIGEST
AB 875, as introduced, Harper. Low-speed 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.
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 prohibition on 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 1. 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) A "motorized "low-speed electric
bicycle" is also a two-wheeled or
three-wheeled device that has fully operative pedals for
propulsion by human power and has an electric motor that meets all of
the following requirements:
(1) Has a power output of not more than 1,000 watts.
750 watts (1 hp).
(2) Is incapable of propelling the device at a speed of more than
20 miles per hour on ground level. a paved
level surface, when ridden by an operator who weighs 170 pounds.
(3) Is incapable of further increasing the speed of the device
when human power is used to propel the motorized bicycle
device faster than 20 miles per hour.
(4) Has a weight of not more than 80 pounds.
(4)
(5) Every manufacturer of motorized
low-speed electric bicycles, as defined in this
subdivision, shall provide a disclosure to buyers that advises buyers
that their existing insurance policies may not provide coverage for
these bicycles and , and that they
should contact their insurance company or insurance agent to
determine if coverage is provided.
(c) The disclosure required under paragraph (4)
(5) of subdivision (b) 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. 2. Section 21207.5 of the Vehicle Code is amended to read:
21207.5. Notwithstanding Sections 21207 and 23127 of
this code , or any other provision of law, no
a motorized bicycle may
, other than a low-speed electric bicycle as defined in subdivision
(b) of Section 406, 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 that path or trail permits, by ordinance,
such that operation.
SEC. 3. Section 24016 of the Vehicle Code is amended to read:
24016. (a) A motorized low-speed electric
bicycle described in subdivision (b) of Section 406 shall meet
the following criteria:
(1) Comply with the equipment and manufacturing requirements for
bicycles adopted by the Consumer Product Safety Commission (16 C.F.R.
1512.1, et seq.) or the requirements adopted by the National Highway
Traffic Safety Administration (49 C.F.R. 571.1, et seq.) in
accordance with the National Traffic and Motor Vehicle Safety Act of
1966 (15 U.S.C. Sec. 1381, et seq.) for motor driven cycles.
(2) Operate in a manner so that the electric motor is disengaged
or ceases to function when the brakes are applied, or operate in a
manner such that the motor is engaged through a switch or mechanism
that, when released, will cause the electric motor to disengage or
cease to function.
(b) All of the following apply to a motorized
low-speed electric bicycle described in subdivision (b) of
Section 406:
(1) No A person shall not
operate a motorized low-speed electric
bicycle unless the person is wearing a properly fitted and fastened
bicycle helmet that meets the standards described in Section 21212.
(2) A person operating a motorized
low-speed electric bicycle is subject to Sections 21200 and
21200.5.
(3) A person operating a motorized
low-speed electric bicycle is not subject to the provisions of
this code relating to financial responsibility, driver's licenses,
registration, and license plate requirements, and a
motorized low-speed electric bicycle is not a
motor vehicle.
(4) A motorized low-speed electric
bicycle shall only be operated by a person 16 years of age or older.
(5) Every manufacturer of a motorized
low-speed electric bicycle shall certify that it complies with
the equipment and manufacturing requirements for bicycles adopted by
the Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
(c) No A person shall not
tamper with or modify a motorized low-speed
electric bicycle described in subdivision (b) of Section 406 so
as to increase the speed capability of the bicycle.
