Bill Text: CA AB1778 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles: electric bicycles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-30 - Chaptered by Secretary of State - Chapter 1005, Statutes of 2024. [AB1778 Detail]

Download: California-2023-AB1778-Amended.html

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Amended  IN  Assembly  March 06, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1778

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Introduced by Assembly Member Connolly

January 03, 2024

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An act to amend Sections 312.5 and 21213 of add and repeal Section 21214.5 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

AB 1778, as amended, Connolly. Vehicles: electric bicycles.

Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, a “class 2 electric bicycle” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 3 electric bicycle” is a bicycle equipped with a speedometer and a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle. Existing law requires a person operating, or riding upon, a class 3 electric bicycle to wear a helmet, as specified.

This bill would, until January 1, 2029, authorize a local authority within the County of Marin, or the County of Marin in unincorporated areas, to adopt an ordinance or resolution that would prohibit a person under 16 years of age from operating a class 2 electric bicycle or require a person operating a class 2 electric bicycle to wear a bicycle helmet, as specified. The bill would require an ordinance or resolution that is adopted for this purpose to make a violation an infraction punishable by either a fine of $25 or completion of an electric bicycle safety and training course, as specified. The bill would, if an ordinance or resolution is adopted, require the county to, by January 1, 2028, submit a report to the Legislature that includes, among other things, the total number of traffic stops initiated for violations, the results of the traffic stops, and the actions taken by peace officers during the traffic stops, as specified. The bill would require the local authority or county to administer a public information campaign for at least 30 calendar days prior to the enactment of the ordinance or resolution, as specified. The bill would require the local authority or county to only issue warning notices for the first 60 days after the passage of the ordinance or resolution.

Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, a “class 2 electric bicycle” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. Under existing law, a “class 3 electric bicycle” is a bicycle equipped with a speedometer and a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour. Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle. Existing law requires a person operating, or riding upon, a class 3 electric bicycle to wear a helmet, as specified. A violation of the Vehicle Code is a crime.

This bill would additionally prohibit a person under 16 years of age from operating a class 2 electric bicycle. The bill would require a person operating, or riding upon, a class 2 electric bicycle to wear a helmet, as specified. The bill would clarify that an electric bicycle can only be placed in a certain class if it ceases to provide assistance when the bicycle reaches a max speed regardless of the mode.

Because the bill would prohibit certain persons from riding electric bicycles, the violation of which would be a crime, the 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: YESNO   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 21214.5 is added to the Vehicle Code, to read:

21214.5.

 (a) A local authority within the County of Marin, or the County of Marin in unincorporated areas, may, by ordinance or resolution, prohibit a person under 16 years of age from operating a class 2 electric bicycle.

(b) A local authority within the County of Marin, or the County of Marin in unincorporated areas, may, by ordinance or resolution, require a person operating a class 2 electric bicycle to wear a bicycle helmet, as described in subdivision (b) of Section 21213.

(c) An ordinance or resolution adopted pursuant to this section shall make a violation an infraction punishable by a fine of twenty-five dollars ($25) or completion of an electric bicycle safety and training course pursuant to Section 894 of the Streets and Highways Code.

(d) (1) If an ordinance or resolution is adopted pursuant to this section, the county shall, by January 1, 2028, submit a report to the Legislature that includes all of the following:

(A) The total number of traffic stops initiated for violations.

(B) The results of the traffic stops, including whether a warning or citation was issued, property was seized, or an arrest was made.

(C) The number of times a person was stopped for allegedly operating a class 2 electric bicycle while under 16 years of age but was found to be over the age limit.

(D) If a warning or citation was issued, a description of the warning or the violation cited.

(E) If an arrest was made, the offense cited by the officer for the arrest and the perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics is solely based on the observation and perception of the peace officer who initiated the traffic stop.

(F) The actions taken by a peace officer during the traffic stops, including, but not limited to, all of the following:

(i) Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided.

(ii) Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered.

(iii) Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property.

(G) The number of times a person opted to complete, and did complete, the training course in lieu of paying the fine.

(H) The number of times that a person under 16 years of age was operating an electric bicycle and was involved in an accident that resulted in a permanent, serious injury, as defined in Section 20001, or a fatality in the six months prior to adoption of the ordinance or resolution, the cause of the accident, and the class of the electric bicycle that was being operated at the time of the accident.

(I) The number of times that a person under 16 years of age was operating an electric bicycle and was involved in an accident that resulted in a permanent, serious injury, as defined in Section 20001, or a fatality in the six months after adoption of the ordinance or resolution, the cause of the accident, and the class of the electric bicycle that was being operated at the time of the accident.

(2) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

(e) A local authority or the County of Marin shall administer a public information campaign for at least 30 calendar days prior to the enactment of an ordinance or resolution pursuant to this section, including public announcements in major media outlets and press releases.

(f) A local authority or the County of Marin shall only issue warning notices for the first 60 days after the passage of an ordinance or resolution pursuant to this section.

(g) This section shall become inoperative on January 1, 2029, and as of that date is repealed.