CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1447

Introduced by Assembly Member Flora

February 17, 2023

An act to amend Sections 407.5, 21235, 21760, and 22411 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1447, as introduced, Flora. Vehicles: motorized scooters.
Existing law defines a motorized scooter as any 2-wheeled device that has handlebars, either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. Existing law prohibits a person from operating a motorized scooter in excess of 15 miles per hour. Existing law prohibits an operator of a motorized scooter under 18 years of age from operating a motorized scooter without a specified bicycle helmet. Under existing law, a violation or failure to comply with a provision of the Vehicle Code constitutes an infraction.
This bill would classify motorized scooters into 3 classes. A class 1 motorized scooter would have a floorboard and a motor that ceases to provide power when the scooter reaches 15 miles per hour, a class 2 motorized scooter would have a floorboard or a seat and footrests, a wheel width of at least 6 inches, and a motor that ceases to provide power at 20 miles per hour, and may have headlights, turn signals, a speedometer, and brake and tail lights, and a class 3 motorized scooter would be similar to a class 2 motorized scooter except that the class 3 motorized scooter would be required to have one or more headlights, turn signals, a speedometer, and brake and tail lights, and the motor ceases to provide power at 28 miles per hour. This bill would require an operator of a class 3 motorized scooter to wear a helmet regardless of the age of the operator. The bill would prohibit an operator of a class 1 motorized scooter from operating the motorized scooter in excess of 15 miles per hour, a class 2 motorized scooter in excess of 20 miles per hour, and a class 3 motorized scooter in excess of 28 miles per hour.
Existing law, the Three Feet for Safety Act, requires the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, and the surface and width of the highway. Existing law prohibits, with specified exceptions, the driver of the motor vehicle that is overtaking or passing a bicycle proceeding in the same direction on a highway from passing at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. Existing law establishes a violation of these provisions as an infraction punishable by a $35 fine.
This bill would make the above provisions applicable to a driver of a motor vehicle overtaking a motorized scooter.
Because the bill would broaden the scope of an infraction and create new infractions, it creates 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   Local Program: YES  

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) (1) A “motorized scooter” is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, does not have pedals, and is powered by an electric motor. This device 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, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter. A device meeting this definition that is powered by a source other than electrical power is also a motorized scooter.
(2) A “class 1 motorized scooter” has a floorboard that is designed to be stood upon when riding, a maximum motor power output of 350 watts, and a motor that ceases to provide power when the scooter achieves 15 miles per hour.
(3) A “class 2 motorized scooter” has a seat and floorboard that is designed to be stood upon when riding or a seat and footrests and may have one or more headlights, turn signals, a speedometer, and brake and tail lights. A “class 2 motorized scooter” has a wheel width of at least six inches and a motor that ceases to provide power when the scooter reaches 20 miles per hour.
(4) A “class 3 motorized scooter” has a seat and floorboard that is designed to be stood upon when riding or a seat and footrests and both of the following:
(A) One or more headlights, turn signals, a speedometer, brake and tail lights, and a wheel width of at least six inches.
(B) A motor that ceases to provide power when the scooter reaches 28 miles per hour.

(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)

(b) (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)

(c) (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 21235 of the Vehicle Code is amended to read:

21235.
 The operator of a motorized scooter shall not do any of the following:
(a) Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.
(b) Operate a motorized scooter on a highway with a speed limit in excess of 25 miles per hour unless the motorized scooter is operated within a Class II or Class IV bikeway, except that a local authority may, by ordinance or resolution, authorize the operation of a motorized scooter outside of a Class II or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour. The 15 mile per hour maximum speed limit speed limits for the operation of a motorized scooter specified in Section 22411 applies apply to the operation of a motorized scooter on all highways, including bikeways, regardless of a higher speed limit applicable to the highway.
(c) Operate a motorized scooter without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212, if the operator is under 18 years of age. Operation of a class 3 motorized scooter shall require a helmet that meets the standards described in Section 21212 for all operators regardless of age.
(d) Operate a motorized scooter without a valid driver’s license or instruction permit.
(e) Operate a motorized scooter with any passengers in addition to the operator.
(f) Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars.
(g) Operate a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.
(h) Operate a motorized scooter on the highway with the handlebars raised so that the operator must elevate his or her their hands above the level of his or her their shoulders in order to grasp the normal steering grip area.
(i) Leave a motorized scooter lying on its side on any sidewalk, or park a motorized scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic.
(j) Attach the motorized scooter or himself or herself themselves while on the roadway, by any means, to any other vehicle on the roadway.

SEC. 3.

 Section 21760 of the Vehicle Code is amended to read:

21760.
 (a) This section shall be known and may be cited as the Three Feet for Safety Act.
(b) The driver of a motor vehicle overtaking and passing a bicycle or motorized scooter that is proceeding in the same direction on a highway shall pass in compliance with the requirements of this article applicable to overtaking and passing a vehicle, and shall do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, bicycle or motorized scooter, having due regard for the size and speed of the motor vehicle and the bicycle, bicycle or motorized scooter, traffic conditions, weather, visibility, and the surface and width of the highway.
(c) A driver of a motor vehicle shall not overtake or pass a bicycle or motorized scooter proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or motorized scooter or its operator. The driver of a motor vehicle overtaking or passing a bicycle or motorized scooter that is proceeding in the same direction and in the same lane of travel shall, if another lane of traffic proceeding in the same direction is available, make a lane change into another available lane with due regard for safety and traffic conditions, if practicable and not prohibited by law, before overtaking or passing the bicycle. bicycle or motorized scooter.
(d) If the driver of a motor vehicle is unable to comply with subdivision (c), due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle, bicycle or motorized scooter, taking into account the size and speed of the motor vehicle and bicycle, bicycle or motorized scooter, traffic conditions, weather, visibility, and surface and width of the highway.
(e) (1) A violation of subdivision (b), (c), or (d) is an infraction punishable by a fine of thirty-five dollars ($35).
(2) If a collision occurs between a motor vehicle and a bicycle or motorized scooter causing bodily injury to the operator of the bicycle, bicycle or motorized scooter, and the driver of the motor vehicle is found to be in violation of subdivision (b), (c), or (d), a two-hundred-twenty-dollar ($220) fine shall be imposed on that driver.

SEC. 4.

 Section 22411 of the Vehicle Code is amended to read:

22411.
 (a) No person shall operate a class 1 motorized scooter at a speed in excess of 15 miles per hour.
(b) No person shall operate a class 2 motorized scooter at a speed in excess of 20 miles per hour.
(c) No person shall operate a class 3 motorized scooter at a speed in excess of 28 miles per hour.

SEC. 5.

 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.