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California Electric Bike Laws

J

JFleck

Guest
here's the link:

http://www.werelectrified.com/Cabicyclecode.htm
OR:
This is pretty long:


NEW ELECTRIC BICYCLE LAW IN THE U.S.


A new US law states that electric bicycles with fully functioning pedals,
no more than 750 watts of motor power output, and a top speed of 20
mph on motor power only, are to be treated as "bicycles", and are not
subject to motorized vehicle laws.

The US Senate has recently passed bill SR1156 which defines a clear
legal definition of what an electric bicycle is in the USA.

This is now a new law (H.R. 727), which has been signed
by the president, and gives the Consumer Product Safety
Commission the responsibility for governing the safety of
new production model electric bicycles, and will define a
bicycle that has pedals capable of propeling the bicycle,
an electric motor of no more than 750 watts, and a top
speed with motor power only of 20 mph as a "bicycle".

Electric bicycles that fall under this category are not required
to be registered or licenced, and no drivers license is required
to drive them. They are subject to all the rules of the road, and
additional laws governing the operation and safety of electric bicycles
may extended by state or local governments. This new law offers the
freedom of being able to use an electric bicycle on public roads and bike
trails to people in every state.

ELECTRIC BICYCLE LAW IN CALIFORNIA
California Motor Vehicle Code:
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.

ESP's California Electric "Moped" Law Summary: In California an
electric "moped" is NOT required to have pedals, and can not be capable
of traveling at speeds above 30 mph on level ground on the motors
power only. Mopeds require obtaining a one time licence plate and
registration card at the DMV. Moped licencing in California is only $6.00
and never expires or needs to be re-registered. Drivers must obey all
rules of the road, wear a DOT approved motorcycle helmet, and be over
16 years old with a valid learners permit or drivers licence. No insurance
is required.
(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 requirements:

(1) 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.
SEC. 3. Section 24016 is added to the Vehicle Code, to read:

24016. (a) A motorized 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 or the
requirements adopted by the National Highway Traffic Safety
Administration in accordance with the National Traffic and Motor Vehicle
Safety Act of 1966 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 bicycle described in
subdivision (b) of Section
406:
(1) No person shall operate a motorized 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 bicycle is subject to Sections 21200 and 21200.5.
(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.
(4) A motorized bicycle shall only be operated by a person 16 years of age or older.
ESP's California Electric Bicycle Law Summary: In California an
electric "bicycle" needs to have fully operational pedals, can not be
capable of traveling at speeds over 20 mph on level ground using the
motors power only, and must have under 1000 Watts of motor power
output. Drivers must obey all rules of the road, wear a bicycle helmet,
and be over 16 years old. No insurance is required. No driver license or
vehicle licensing or registration is required.


STATE OF CALIFORNIA MOTORIZED BICYCLE CODE

California Bicycle Code

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21200-21212

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 requirements:
(1) 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 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."


407. A "motorized quadricycle" is a four-wheeled device, and a
"motorized tricycle" is a three-wheeled device, designed to carry not
more than two persons, including the driver, and having either an
electric motor or a motor with an automatic transmission developing
less than two gross brake horsepower and capable of propelling the
device at a maximum speed of not more than 30 miles per hour on level
ground. The device shall be utilized only by a person who by reason
of physical disability is otherwise unable to move about as a
pedestrian or by a senior citizen as defined in Section 13000.

Senior Citizen

13000. (a) The department may issue an identification card to any
person attesting to the true full name, correct age, and other
identifying data as certified by the applicant for such
identification card.
(b) Any person 62 years of age or older may apply for, and the
department upon receipt of a proper application therefor shall issue,
an identification card bearing the notation "Senior Citizen".
(c) Every application for an identification card shall be signed
and verified by the applicant before a person authorized to
administer oaths and shall be supported by bona fide documentary
evidence of the age and identity of the applicant as the department
may require, and shall include a legible print of the thumb or finger
of the applicant.
(d) Any person 62 years of age or older, and any other qualified
person, may apply for, or possess, an identification card under the
provisions of either subdivision (a) or (b), but not under both of
those provisions.

VEHICLE CODE
SECTION 21200-21212


21200. (a) Every person riding a bicycle upon a highway has all the
rights and is subject to all the provisions applicable to the driver
of a vehicle by this division, including, but not limited to,
provisions concerning driving under the influence of alcoholic
beverages or drugs, and by Division 10 (commencing with Section
20000), Section 27400, Division 16.7 (commencing with Section 39000),
Division 17 (commencing with Section 40000.1), and Division 18
(commencing with Section 42000), except those provisions which by
their very nature can have no application.
(b) (1) Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, operating a
bicycle during the course of his or her duties is exempt from the
requirements of subdivision (a), except as those requirements relate
to driving under the influence of alcoholic beverages or drugs, if
the bicycle is being operated under any of the following
circumstances:
(A) In response to an emergency call.
(B) While engaged in rescue operations.
(C) In the immediate pursuit of an actual or suspected violator of
the law.
(2) This subdivision does not relieve a peace officer from the
duty to operate a bicycle with due regard for the safety of all
persons using the highway.


21200.5. Notwithstanding Section 21200, it is unlawful for any
person to ride a bicycle upon a highway while under the influence of
an alcoholic beverage or any drug, or under the combined influence of
an alcoholic beverage and any drug. Any person arrested for a
violation of this section may request to have a chemical test made of
the person's blood, breath, or urine for the purpose of determining
the alcoholic or drug content of that person's blood pursuant to
Section 23612, and, if so requested, the arresting officer shall have
the test performed. A conviction of a violation of this section
shall be punished by a fine of not more than two hundred fifty
dollars ($250). Violations of this section are subject to Section
13202.5.


21201. (a) No person shall operate a bicycle on a roadway unless it
is equipped with a brake which will enable the operator to make one
braked wheel skid on dry, level, clean pavement.
(b) No person shall operate on the highway any bicycle equipped
with handlebars so raised that the operator must elevate his hands
above the level of his shoulders in order to grasp the normal
steering grip area.
(c) No person shall operate upon any highway a bicycle which is of
such a size as to prevent the operator from safely stopping the
bicycle, supporting it in an upright position with at least one foot
on the ground, and restarting it in a safe manner.
(d) Every bicycle operated upon any highway during darkness shall
be equipped (1) with a lamp emitting a white light which, while the
bicycle is in motion, illuminates the highway in front of the
bicyclist and is visible from a distance of 300 feet in front and
from the sides of the bicycle; (2) with a red reflector on the rear
which shall be visible from a distance of 500 feet to the rear when
directly in front of lawful upper beams of headlamps on a motor
vehicle; (3) with a white or yellow reflector on each pedal visible
from the front and rear of the bicycle from a distance of 200 feet;
and (4) with a white or yellow reflector on each side forward of the
center of the bicycle, and with a white or red reflector on each side
to the rear of the center of the bicycle, except that bicycles which
are equipped with reflectorized tires on the front and the rear need
not be equipped with these side reflectors. Such reflectors and
reflectorized tires shall be of a type meeting requirements
established by the department.
(e) A lamp or lamp combination, emitting a white light, attached
to the operator and visible from a distance of 300 feet in front and
from the sides of the bicycle, may be used in lieu of the lamp
required by clause (1) of subdivision (d).


21201.3. (a) A bicycle or motorized bicycle used by a peace
officer, as defined in Section 830.1 of, subdivision (a), (b), (c),
(d), (e), (f), (g), or (i) of Section 830.2 of, subdivision (b) or
(d) of Section 830.31 of, subdivision (a) or (b) of Section 830.32
of, Section 830.33 of, subdivision (a) of Section 830.36 of,
subdivision (a) of Section 830.4 of, or Section 830.6 of, the Penal
Code, in the performance of the peace officer's duties, may display a
steady or flashing blue warning light that is visible from the
front, sides, or rear of the bicycle or motorized bicycle.
(b) No person shall display a steady or flashing blue warning
light on a bicycle or motorized bicycle except as authorized under
subdivision (a).


21201.5. (a) No person shall sell, or offer for sale, a reflex
reflector or reflectorized tire of a type required on a bicycle
unless it meets requirements established by the department. If there
exists a federal Consumer Product Safety Commission regulation
applicable to bicycle reflectors, the provisions of that regulation
shall prevail over provisions of this code or requirements
established by the department pursuant to this code relative to
bicycle reflectors.
(b) No person shall sell, or offer for sale, a new bicycle that is
not equipped with a red reflector on the rear, a white or yellow
reflector on each pedal visible from the front and rear of the
bicycle, a white or yellow reflector on each side forward of the
center of the bicycle, and a white or red reflector on each side to
the rear of the center of the bicycle, except that bicycles which are
equipped with reflectorized tires on the front and rear need not be
equipped with these side reflectors.
(c) Area reflectorizing material meeting the requirements of
Section 25500 may be used on a bicycle.


21202. (a) Any person operating a bicycle upon a roadway at a speed
less than the normal speed of traffic moving in the same direction
at that time shall ride as close as practicable to the right-hand
curb or edge of the roadway except under any of the following
situations:
(1) When overtaking and passing another bicycle or vehicle
proceeding in the same direction.
(2) When preparing for a left turn at an intersection or into a
private road or driveway.
(3) When reasonably necessary to avoid conditions (including, but
not limited to, fixed or moving objects, vehicles, bicycles,
pedestrians, animals, surface hazards, or substandard width lanes)
that make it unsafe to continue along the right-hand curb or edge,
subject to the provisions of Section 21656. For purposes of this
section, a "substandard width lane" is a lane that is too narrow for
a bicycle and a vehicle to travel safely side by side within the
lane.
(4) When approaching a place where a right turn is authorized.
(b) Any person operating a bicycle upon a roadway of a highway,
which highway carries traffic in one direction only and has two or
more marked traffic lanes, may ride as near the left-hand curb or
edge of that roadway as practicable.


21203. No person riding upon any motorcycle, motorized bicycle,
bicycle, coaster, roller skates, sled, or toy vehicle shall attach
the same or himself to any streetcar or vehicle on the roadway.


21204. (a) No person operating a bicycle upon a highway shall ride
other than upon or astride a permanent and regular seat attached
thereto.
(b) No operator shall allow a person riding as a passenger, and no
person shall ride as a passenger, on a bicycle upon a highway other
than upon or astride a separate seat attached thereto. If the
passenger is four years of age or younger, or weighs 40 pounds or
less, the seat shall have adequate provision for retaining the
passenger in place and for protecting the passenger from the moving
parts of the bicycle.


21205. No person operating a bicycle shall carry any package,
bundle or article which prevents the operator from keeping at least
one hand upon the handlebars.


21206. This chapter does not prevent local authorities, by
ordinance, from regulating the registration of bicycles and the
parking and operation of bicycles on pedestrian or bicycle
facilities, provided such regulation is not in conflict with the
provisions of this code.


21207. (a) This chapter does not prohibit local authorities from
establishing, by ordinance or resolution, bicycle lanes separated
from any vehicular lanes upon highways, other than state highways as
defined in Section 24 of the Streets and Highways Code and county
highways established pursuant to Article 5 (commencing with Section
1720) of Chapter 9 of Division 2 of the Streets and Highways Code.
(b) Bicycle lanes established pursuant to this section shall be
constructed in compliance with Section 891 of the Streets and
Highways Code.


21207.5. Notwithstanding Sections 21207 and 23127 of this code, or
any other provision of law, no motorized bicycle may 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 path or trail permits, by ordinance, such
operation.


21208. (a) Whenever a bicycle lane has been established on a
roadway pursuant to Section 21207, any person operating a bicycle
upon the roadway at a speed less than the normal speed of traffic
moving in the same direction at that time shall ride within the
bicycle lane, except that the person may move out of the lane under
any of the following situations:
(1) When overtaking and passing another bicycle, vehicle, or
pedestrian within the lane or about to enter the lane if the
overtaking and passing cannot be done safely within the lane.
(2) When preparing for a left turn at an intersection or into a
private road or driveway.
(3) When reasonably necessary to leave the bicycle lane to avoid
debris or other hazardous conditions.
(4) When approaching a place where a right turn is authorized.
(b) No person operating a bicycle shall leave a bicycle lane until
the movement can be made with reasonable safety and then only after
giving an appropriate signal in the manner provided in Chapter 6
(commencing with Section 22100) in the event that any vehicle may be
affected by the movement.


21209. (a) No person shall 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
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.


21210. No person shall leave a bicycle lying on its side on any
sidewalk, or shall park a bicycle 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 parking in designated areas of the public highway, provided
that appropriate signs are erected.


21211. (a) No person may stop, stand, sit, or loiter upon any class
I bikeway, as defined in subdivision (a) of Section 890.4 of the
Streets and Highways Code, or any other public or private bicycle
path or trail, if the stopping, standing, sitting, or loitering
impedes or blocks the normal and reasonable movement of any
bicyclist.
(b) No person may place or park any bicycle, vehicle, or any other
object upon any bikeway or bicycle path or trail, as specified in
subdivision (a), which impedes or blocks the normal and reasonable
movement of any bicyclist unless the placement or parking is
necessary for safe operation or is otherwise in compliance with the
law.
(c) This section does not apply to drivers or owners of utility or
public utility vehicles, as provided in Section 22512.
(d) This section does not apply to owners or drivers of vehicles
who make brief stops while engaged in the delivery of newspapers to
customers along the person's route.
(e) This section does not apply to the driver or owner of a
rubbish or garbage truck while actually engaged in the collection of
rubbish or garbage within a business or residence district if the
front turn signal lamps at each side of the vehicle are being flashed
simultaneously and the rear turn signal lamps at each side of the
vehicle are being flashed simultaneously.
(f) This section does not apply to the driver or owner of a tow
vehicle while actually engaged in the towing of a vehicle if the
front turn signal lamps at each side of the vehicle are being flashed
simultaneously and the rear turn signal lamps at each side of the
vehicle are being flashed simultaneously.


21212. (a) A person under 18 years of age shall not operate a
bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear
in-line or roller skates, nor ride upon a bicycle, a nonmotorized
scooter, or a skateboard 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, 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) No person shall sell, or offer for sale, for use by an
operator or passenger of a bicycle, nonmotorized scooter, skateboard,
or in-line or roller skates any safety helmet which 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).
 


vja4Him

Member
Joined
Nov 6, 2008
Messages
38
Thanks for the post on the electric bicycle law ... I don't see any provisions for mandating that an electric bicycle must have tail lights, head lights (like a motorcycle headlights), signal lights, brake lights, or horn.

So, I'm assuming that I don't need those things, even if my bicycle travels faster than 20 mph.

here's the link:

http://www.werelectrified.com/Cabicyclecode.htm
OR:
This is pretty long:


NEW ELECTRIC BICYCLE LAW IN THE U.S.


A new US law states that electric bicycles with fully functioning pedals,
no more than 750 watts of motor power output, and a top speed of 20
mph on motor power only, are to be treated as "bicycles", and are not
subject to motorized vehicle laws.

The US Senate has recently passed bill SR1156 which defines a clear
legal definition of what an electric bicycle is in the USA.

This is now a new law (H.R. 727), which has been signed
by the president, and gives the Consumer Product Safety
Commission the responsibility for governing the safety of
new production model electric bicycles, and will define a
bicycle that has pedals capable of propeling the bicycle,
an electric motor of no more than 750 watts, and a top
speed with motor power only of 20 mph as a "bicycle".

Electric bicycles that fall under this category are not required
to be registered or licenced, and no drivers license is required
to drive them. They are subject to all the rules of the road, and
additional laws governing the operation and safety of electric bicycles
may extended by state or local governments. This new law offers the
freedom of being able to use an electric bicycle on public roads and bike
trails to people in every state.

ELECTRIC BICYCLE LAW IN CALIFORNIA
California Motor Vehicle Code:
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.

ESP's California Electric "Moped" Law Summary: In California an
electric "moped" is NOT required to have pedals, and can not be capable
of traveling at speeds above 30 mph on level ground on the motors
power only. Mopeds require obtaining a one time licence plate and
registration card at the DMV. Moped licencing in California is only $6.00
and never expires or needs to be re-registered. Drivers must obey all
rules of the road, wear a DOT approved motorcycle helmet, and be over
16 years old with a valid learners permit or drivers licence. No insurance
is required.
(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 requirements:

(1) 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.
SEC. 3. Section 24016 is added to the Vehicle Code, to read:

24016. (a) A motorized 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 or the
requirements adopted by the National Highway Traffic Safety
Administration in accordance with the National Traffic and Motor Vehicle
Safety Act of 1966 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 bicycle described in
subdivision (b) of Section
406:
(1) No person shall operate a motorized 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 bicycle is subject to Sections 21200 and 21200.5.
(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.
(4) A motorized bicycle shall only be operated by a person 16 years of age or older.
ESP's California Electric Bicycle Law Summary: In California an
electric "bicycle" needs to have fully operational pedals, can not be
capable of traveling at speeds over 20 mph on level ground using the
motors power only, and must have under 1000 Watts of motor power
output. Drivers must obey all rules of the road, wear a bicycle helmet,
and be over 16 years old. No insurance is required. No driver license or
vehicle licensing or registration is required.


STATE OF CALIFORNIA MOTORIZED BICYCLE CODE

California Bicycle Code

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21200-21212

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 requirements:
(1) 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 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."


407. A "motorized quadricycle" is a four-wheeled device, and a
"motorized tricycle" is a three-wheeled device, designed to carry not
more than two persons, including the driver, and having either an
electric motor or a motor with an automatic transmission developing
less than two gross brake horsepower and capable of propelling the
device at a maximum speed of not more than 30 miles per hour on level
ground. The device shall be utilized only by a person who by reason
of physical disability is otherwise unable to move about as a
pedestrian or by a senior citizen as defined in Section 13000.

Senior Citizen

13000. (a) The department may issue an identification card to any
person attesting to the true full name, correct age, and other
identifying data as certified by the applicant for such
identification card.
(b) Any person 62 years of age or older may apply for, and the
department upon receipt of a proper application therefor shall issue,
an identification card bearing the notation "Senior Citizen".
(c) Every application for an identification card shall be signed
and verified by the applicant before a person authorized to
administer oaths and shall be supported by bona fide documentary
evidence of the age and identity of the applicant as the department
may require, and shall include a legible print of the thumb or finger
of the applicant.
(d) Any person 62 years of age or older, and any other qualified
person, may apply for, or possess, an identification card under the
provisions of either subdivision (a) or (b), but not under both of
those provisions.

VEHICLE CODE
SECTION 21200-21212


21200. (a) Every person riding a bicycle upon a highway has all the
rights and is subject to all the provisions applicable to the driver
of a vehicle by this division, including, but not limited to,
provisions concerning driving under the influence of alcoholic
beverages or drugs, and by Division 10 (commencing with Section
20000), Section 27400, Division 16.7 (commencing with Section 39000),
Division 17 (commencing with Section 40000.1), and Division 18
(commencing with Section 42000), except those provisions which by
their very nature can have no application.
(b) (1) Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, operating a
bicycle during the course of his or her duties is exempt from the
requirements of subdivision (a), except as those requirements relate
to driving under the influence of alcoholic beverages or drugs, if
the bicycle is being operated under any of the following
circumstances:
(A) In response to an emergency call.
(B) While engaged in rescue operations.
(C) In the immediate pursuit of an actual or suspected violator of
the law.
(2) This subdivision does not relieve a peace officer from the
duty to operate a bicycle with due regard for the safety of all
persons using the highway.


21200.5. Notwithstanding Section 21200, it is unlawful for any
person to ride a bicycle upon a highway while under the influence of
an alcoholic beverage or any drug, or under the combined influence of
an alcoholic beverage and any drug. Any person arrested for a
violation of this section may request to have a chemical test made of
the person's blood, breath, or urine for the purpose of determining
the alcoholic or drug content of that person's blood pursuant to
Section 23612, and, if so requested, the arresting officer shall have
the test performed. A conviction of a violation of this section
shall be punished by a fine of not more than two hundred fifty
dollars ($250). Violations of this section are subject to Section
13202.5.


21201. (a) No person shall operate a bicycle on a roadway unless it
is equipped with a brake which will enable the operator to make one
braked wheel skid on dry, level, clean pavement.
(b) No person shall operate on the highway any bicycle equipped
with handlebars so raised that the operator must elevate his hands
above the level of his shoulders in order to grasp the normal
steering grip area.
(c) No person shall operate upon any highway a bicycle which is of
such a size as to prevent the operator from safely stopping the
bicycle, supporting it in an upright position with at least one foot
on the ground, and restarting it in a safe manner.
(d) Every bicycle operated upon any highway during darkness shall
be equipped (1) with a lamp emitting a white light which, while the
bicycle is in motion, illuminates the highway in front of the
bicyclist and is visible from a distance of 300 feet in front and
from the sides of the bicycle; (2) with a red reflector on the rear
which shall be visible from a distance of 500 feet to the rear when
directly in front of lawful upper beams of headlamps on a motor
vehicle; (3) with a white or yellow reflector on each pedal visible
from the front and rear of the bicycle from a distance of 200 feet;
and (4) with a white or yellow reflector on each side forward of the
center of the bicycle, and with a white or red reflector on each side
to the rear of the center of the bicycle, except that bicycles which
are equipped with reflectorized tires on the front and the rear need
not be equipped with these side reflectors. Such reflectors and
reflectorized tires shall be of a type meeting requirements
established by the department.
(e) A lamp or lamp combination, emitting a white light, attached
to the operator and visible from a distance of 300 feet in front and
from the sides of the bicycle, may be used in lieu of the lamp
required by clause (1) of subdivision (d).


21201.3. (a) A bicycle or motorized bicycle used by a peace
officer, as defined in Section 830.1 of, subdivision (a), (b), (c),
(d), (e), (f), (g), or (i) of Section 830.2 of, subdivision (b) or
(d) of Section 830.31 of, subdivision (a) or (b) of Section 830.32
of, Section 830.33 of, subdivision (a) of Section 830.36 of,
subdivision (a) of Section 830.4 of, or Section 830.6 of, the Penal
Code, in the performance of the peace officer's duties, may display a
steady or flashing blue warning light that is visible from the
front, sides, or rear of the bicycle or motorized bicycle.
(b) No person shall display a steady or flashing blue warning
light on a bicycle or motorized bicycle except as authorized under
subdivision (a).


21201.5. (a) No person shall sell, or offer for sale, a reflex
reflector or reflectorized tire of a type required on a bicycle
unless it meets requirements established by the department. If there
exists a federal Consumer Product Safety Commission regulation
applicable to bicycle reflectors, the provisions of that regulation
shall prevail over provisions of this code or requirements
established by the department pursuant to this code relative to
bicycle reflectors.
(b) No person shall sell, or offer for sale, a new bicycle that is
not equipped with a red reflector on the rear, a white or yellow
reflector on each pedal visible from the front and rear of the
bicycle, a white or yellow reflector on each side forward of the
center of the bicycle, and a white or red reflector on each side to
the rear of the center of the bicycle, except that bicycles which are
equipped with reflectorized tires on the front and rear need not be
equipped with these side reflectors.
(c) Area reflectorizing material meeting the requirements of
Section 25500 may be used on a bicycle.


21202. (a) Any person operating a bicycle upon a roadway at a speed
less than the normal speed of traffic moving in the same direction
at that time shall ride as close as practicable to the right-hand
curb or edge of the roadway except under any of the following
situations:
(1) When overtaking and passing another bicycle or vehicle
proceeding in the same direction.
(2) When preparing for a left turn at an intersection or into a
private road or driveway.
(3) When reasonably necessary to avoid conditions (including, but
not limited to, fixed or moving objects, vehicles, bicycles,
pedestrians, animals, surface hazards, or substandard width lanes)
that make it unsafe to continue along the right-hand curb or edge,
subject to the provisions of Section 21656. For purposes of this
section, a "substandard width lane" is a lane that is too narrow for
a bicycle and a vehicle to travel safely side by side within the
lane.
(4) When approaching a place where a right turn is authorized.
(b) Any person operating a bicycle upon a roadway of a highway,
which highway carries traffic in one direction only and has two or
more marked traffic lanes, may ride as near the left-hand curb or
edge of that roadway as practicable.


21203. No person riding upon any motorcycle, motorized bicycle,
bicycle, coaster, roller skates, sled, or toy vehicle shall attach
the same or himself to any streetcar or vehicle on the roadway.


21204. (a) No person operating a bicycle upon a highway shall ride
other than upon or astride a permanent and regular seat attached
thereto.
(b) No operator shall allow a person riding as a passenger, and no
person shall ride as a passenger, on a bicycle upon a highway other
than upon or astride a separate seat attached thereto. If the
passenger is four years of age or younger, or weighs 40 pounds or
less, the seat shall have adequate provision for retaining the
passenger in place and for protecting the passenger from the moving
parts of the bicycle.


21205. No person operating a bicycle shall carry any package,
bundle or article which prevents the operator from keeping at least
one hand upon the handlebars.


21206. This chapter does not prevent local authorities, by
ordinance, from regulating the registration of bicycles and the
parking and operation of bicycles on pedestrian or bicycle
facilities, provided such regulation is not in conflict with the
provisions of this code.


21207. (a) This chapter does not prohibit local authorities from
establishing, by ordinance or resolution, bicycle lanes separated
from any vehicular lanes upon highways, other than state highways as
defined in Section 24 of the Streets and Highways Code and county
highways established pursuant to Article 5 (commencing with Section
1720) of Chapter 9 of Division 2 of the Streets and Highways Code.
(b) Bicycle lanes established pursuant to this section shall be
constructed in compliance with Section 891 of the Streets and
Highways Code.


21207.5. Notwithstanding Sections 21207 and 23127 of this code, or
any other provision of law, no motorized bicycle may 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 path or trail permits, by ordinance, such
operation.


21208. (a) Whenever a bicycle lane has been established on a
roadway pursuant to Section 21207, any person operating a bicycle
upon the roadway at a speed less than the normal speed of traffic
moving in the same direction at that time shall ride within the
bicycle lane, except that the person may move out of the lane under
any of the following situations:
(1) When overtaking and passing another bicycle, vehicle, or
pedestrian within the lane or about to enter the lane if the
overtaking and passing cannot be done safely within the lane.
(2) When preparing for a left turn at an intersection or into a
private road or driveway.
(3) When reasonably necessary to leave the bicycle lane to avoid
debris or other hazardous conditions.
(4) When approaching a place where a right turn is authorized.
(b) No person operating a bicycle shall leave a bicycle lane until
the movement can be made with reasonable safety and then only after
giving an appropriate signal in the manner provided in Chapter 6
(commencing with Section 22100) in the event that any vehicle may be
affected by the movement.


21209. (a) No person shall 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
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.


21210. No person shall leave a bicycle lying on its side on any
sidewalk, or shall park a bicycle 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 parking in designated areas of the public highway, provided
that appropriate signs are erected.


21211. (a) No person may stop, stand, sit, or loiter upon any class
I bikeway, as defined in subdivision (a) of Section 890.4 of the
Streets and Highways Code, or any other public or private bicycle
path or trail, if the stopping, standing, sitting, or loitering
impedes or blocks the normal and reasonable movement of any
bicyclist.
(b) No person may place or park any bicycle, vehicle, or any other
object upon any bikeway or bicycle path or trail, as specified in
subdivision (a), which impedes or blocks the normal and reasonable
movement of any bicyclist unless the placement or parking is
necessary for safe operation or is otherwise in compliance with the
law.
(c) This section does not apply to drivers or owners of utility or
public utility vehicles, as provided in Section 22512.
(d) This section does not apply to owners or drivers of vehicles
who make brief stops while engaged in the delivery of newspapers to
customers along the person's route.
(e) This section does not apply to the driver or owner of a
rubbish or garbage truck while actually engaged in the collection of
rubbish or garbage within a business or residence district if the
front turn signal lamps at each side of the vehicle are being flashed
simultaneously and the rear turn signal lamps at each side of the
vehicle are being flashed simultaneously.
(f) This section does not apply to the driver or owner of a tow
vehicle while actually engaged in the towing of a vehicle if the
front turn signal lamps at each side of the vehicle are being flashed
simultaneously and the rear turn signal lamps at each side of the
vehicle are being flashed simultaneously.


21212. (a) A person under 18 years of age shall not operate a
bicycle, a nonmotorized scooter, or a skateboard, nor shall they wear
in-line or roller skates, nor ride upon a bicycle, a nonmotorized
scooter, or a skateboard 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, 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) No person shall sell, or offer for sale, for use by an
operator or passenger of a bicycle, nonmotorized scooter, skateboard,
or in-line or roller skates any safety helmet which 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).
 

SimpleSimon

Active Member
Joined
Apr 18, 2008
Messages
1,181
Please be aware that the pertinent part quoted above is the California Bicycle Code. The quoted federal law defines what is legally a bicycle as opposed to other forms of powered transport for purposes of commerce only - it DOES NOT supersede or over-write any individual state, county, or municipal code.

That law, a days loss of work to appear in court, a finding by the court and quite likely a fine or worse will show you that STATE LAW CONTROLS for establishing the legality of any given type of motorized bicycle where you live.
 
M

MotorbikeMike

Guest
Over-speed=Out of class

vja, please understand that the 20 mph is not an "option" It is not a fun possibility, nor is it "if I want to".

IF a cop knows the law, and IF you are over 20mph on an electric, you WILL be speeding even if you are on a 45 mph street!

Always remember to think in Class, not posted speed limits.

We do not need to raise the consciensness of the Law in the negative sense, you have already stated that you want 40-45 mph? If you have not abandoned this goal, please buy a Motor-scooter (vespa type), or small motorcycle, so that your goals are achieved, and that no-one will be blasting down the street Out of Class, messing it up for the rest of us who are willing to remain in class.

Your ideas please?

Mike
 

vja4Him

Member
Joined
Nov 6, 2008
Messages
38
vja, please understand that the 20 mph is not an "option" It is not a fun possibility, nor is it "if I want to".

IF a cop knows the law, and IF you are over 20mph on an electric, you WILL be speeding even if you are on a 45 mph street!

Always remember to think in Class, not posted speed limits.

We do not need to raise the consciensness of the Law in the negative sense, you have already stated that you want 40-45 mph? If you have not abandoned this goal, please buy a Motor-scooter (vespa type), or small motorcycle, so that your goals are achieved, and that no-one will be blasting down the street Out of Class, messing it up for the rest of us who are willing to remain in class.

Your ideas please?

Mike
With a moped license, would it then be legal to ride a motor-powered bicycle faster than 20 mph?
 

SimpleSimon

Active Member
Joined
Apr 18, 2008
Messages
1,181
No. Does holding a commercial operators license for long haul trucking make your toyota mini pickup an 18-wheeler?

A motor assisted bicycle is not a moped - it isn't likely built heavily enough, nor does it likely have the required lights, horn, etc - and most importantly, the lack of NHTSA certification of the design or the vehicle as a custom product in the class "moped" would be a problem.

None of that is insurmountable, but by the time you do surmount the obstacles you will likely have spent more money, along with endlessly more time and skull-sweat on building a rather inadequate imitation of a moped.

For your stated speed goals, I'd suggest that you research and build a replica board track racer, and seek registration of it under the California code as a "replica vintage/antique" vehicle.

Or buy a light motorcycle.
 
M

MotorbikeMike

Guest
California Moped status

Hi vja, in CA. a moped is allowed to do 30mph and no more, on level ground, and no-longer are we allowed to ride "two-Up" or Double. Whe I first looked at new mopeds in the late 70's it seemed we were allowed to ride double, I don't know when that changed.

So IF you had a moped plate, your max speed is now 30mph. Anything more than that (legally) would require a Motor-Driven Cycle, or MotorCycle. This would come with all of the corresponding fees, license is at least 40.00 per year, AND insurance, no riding in Bike Lanes, etc.

Mike
 
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