California Motorized Bicycle Law

[alec]

I'm sure this has been brought up numerous Times but almost all of the posts I read are wrong. This is straight off the CA dmv website.
A two or three-wheeled device, capable of no more than 30 mph on level ground, and equipped with: Fully operative pedals for human propulsion. A motor producing less than two gross brake horsepower and an automatic transmission. An electric motor, with or without pedals for human propulsion. (CVC Sec.406(a))Driver must have a motorcycle license (M1*or*M2).A "motorized bicycle" is also defined as a vehicle with pedals and an electric motor (not more than 1,000 watts) which cannot be driven at speeds of more than 20 mph on level ground even if assisted by human power. (CVC Sec.406(b)).If you operate a motorized bicycle which meets the definition of CVC Sec.406(b), you: Must be 16 years of age or older. Must wear a properly fitted and fastened bicycle helmet. Are exempt from the motor vehicle financial responsibility, driver license, and moped plate requirements (CVC Sec.12804.9).A motorized bicycle is issued special license plates and identification cards, which requires a*one-time*$18 fee. No renewal is required.

This is the code that defines a mb.

V C Section 406 Motorized Bicycle

Motorized Bicycle

406.**(a) A "motorized bicycle" or "moped" is any 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 which produces less than 2 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 bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements1) Has a power output of not more than 1,000 watts.(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.(3) 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.(4) Every manufacturer of motorized 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 that they should contact their insurance company or insurance agent to determine if coverage is provided.(c) The disclosure required under paragraph (4) of subdivision (b) shall meet both of the following requirements1) 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."Amended Sec. 1, Ch. 804, Stats. 1995. Effective January 1, 1996. Supersedes Sec. 2, Ch. 342.****

 

[alec]

Again I just wanted to post the correct law to help our fellow Californians.

 

[Big Red]

Running through old threads trying to look something up. You're right about everything except the license. At least an M-2 is required. The section you listed (12804.9) is for ELECTRIC bikes.
OOPS, only 406 (b) is for electric bikes and is exempt from license as stated in 12804.9. My mistake.
http://dmv.ca.gov/pubs/vctop/d06/vc12500.htm

 

[Bill555]

Are you sure you are using your bicycle as a 'motorized bicycle' ? What definition of 'vehicle' are you using? and from what source?

 

[Big Red]

What? How else would I be using it?
Yeah Bill, My bicycle has a motor on it, therefore it is a MOTORIZED BICYCLE according to the California Vehicle Code, Section 406. And that is my source, The CVC. It is not a "motor assist" as some may try to claim. The ONLY motor assist vehicle mentioned in the entire CVC is in section 313, and this applies only to scooters for the disabled. (A certain size, 12mph speed limit, ect.)
The CVC also states that a motorized bicycle is not a motor vehicle and is exempt from registration (cvc 4020). THEN, in section 5030 and 5037, goes on to say that a "SPECIAL PLATE" is required. They don't consider a special plate as regular registration. And it's not, really. It's a one time fee, no yearly tags, life of the bike plate. So it's not a regular vehicle registration, IT'S "SPECIAL". ( It takes the short bus?)
You need to do a lot more researching on Motorized Bicycles in the CVC. Just search MOTORIZED BICYCLE in the DMV search box. Start with 406,as you're doing, which defines what a Motorized Bicycle is and just keep searching and reading. I've been doing just that for a couple of years and, once in a while, I still find things I didn't know. If you have any more questions feel free to ask. We have been discussing this subject on this forum and the other major one for some time now, and both forums agree about the laws on MB's. So basicly, the discussion is over. All thats left now is to educate the new guy's. So just keep searching and asking questions. No problemo bro.
Big Red.
I fixed post #3. 12804.9 includes both 406 (a) and (b). And (b), being electric, is excluded from license requirments. But this section DOES NOT exclude it from "moped" registration.

 

[Bill555]

You are looking in the 'vehicle code' section. My only point is, if you're in a 'vehicle' the stuff in that section applies. If your not, nothing in the section applies. ('vehicle' being a legal term)

 

[Big Red]

Motorized Bicycle as described in section 406 being the legal term. A motor assist disability scooter is also described in the CVC.(cvc 313). Thats not really a "vehicle" either, but it's described in the code, and has rules and regulations concerning the requirements and use of them. Not everything described in the CVC is what you might think of as a "vehicle", but as you know, theres almost always a law.
And I don't know why you would think CVC sec 406 does not apply to motorized bicycles when it explicitly describes what a motorized bicycle is. I think you should try this argument with the police and a judge. I won't hold my breath.
Big Red.

 

[Big Red]

Found it. CVC section 24016 (b). (3).

24016. (a) A motorized bicycle described in subdivision (b) of Section 406 shall meet the following criteria:.......................................................................
..............................................................................................

3) A person operating a motorized 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 bicycle is not a motor vehicle.
.........................................................................................................................

This only applies to electric bicycles as described in 406 (b). BUT, it looks like I was wrong about electric bikes needing a plate. An old dog CAN still learn. But then again, DMV does not consider a MB "SPECIAL" plate as a regular registration, so this might be argued either way. But now at least you have something to argue about in court, If you ride an electric bike.
Big Red.

 

[Bill555]

Let me try to make my point more clear. I believe you guys are making an assumption that your bicycle is a 'vehicle' by looking in the 'vehicle code' . I believe you are using the webster definition of vehicle. But in law, the common usage of a word is the last place to look for a definition. Also, you can't just dive into the statutes either. For example. Say there was a 'police driver' section. And a statute in that section said drivers could exceed the posted speed limit by 25 miles per hour. This wouldn't mean any driver could exceed the posted speed limit.

 

[MotorBicycleRacing]

Let me try to make my point more clear. I believe you guys are making an ***umption that your bicycle is a 'vehicle' by looking in the 'vehicle code' .

Your point is pointless, unwanted, wrong and is only going to confuse new people.
You have never read the CA CVC codes.
You live in WI and know nothing about motorized bicycles in CA

California law about motorized bicycles is quite clear and even mentions bicycles with attached motors.
CA laws also cover stand up scooters = GoPeds which need a drivers license too and a bicycle helmet.

Other types of vehicles like pocket bikes, mini bikes, motorized skate boards are illegal on the steet.

All the CA laws are also confirmed in the real world on the street and in the courts by those of us that
live and ride here.

I like that CA law makes our bicycles legal registered vehicles and doesn't allow those with no license to ride them.
It's a good thing!

The big requirements are:
DOT helmet
$19 one time license plate.
M2 or M1 endorsement on your license.

Motorcycle Handbook License Requirements

California issues the following license classes for two-wheel vehicle operation:

Class M1—You may operate any two-wheel motorcycle, motor-driven cycle, or motorized scooter and all vehicles listed under Class M2.
NOTE: The permit and license requirements in this handbook pertain to two-wheel vehicles and are referenced in Section12804.9 of the California Vehicle Code.

Class M2—You may operate any motorized bicycle, moped, or a bicycle with an attached motor, or a motorized scooter.
You may obtain a Class M1 or M2 license at any DMV office which provides driver license services. Motorcycle law tests and skill tests are required.

NOTE: Class C licensees may operate a motorcycle with a side car attached or a three-wheel motorcycle.