CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2234

Introduced by Assembly Member Boerner

February 08, 2024

An act to amend Section 894 of the Streets and Highways Code, and to amend Section 21213 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2234, as introduced, Boerner. Vehicles: electric bicycles.
Existing law requires the Department of the California Highway Patrol to develop, on or before September 1, 2023, statewide safety and training programs based on evidence-based practices for users of electric bicycles, as defined, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles. Existing law requires the safety and training programs to be developed in collaboration with relevant stakeholders and to be posted on the department’s internet website.
This bill would require the department, on or before June 30, 2025, to issue a skills waiver containing specific information, in an electronic format, to each person who completes the electric bicycle safety and training programs described above. The bill would state the intent of the Legislature to create a diversion program, comprised of traffic safety training and community service, for a person who is cited for a traffic violation while operating an electric bicycle.
Existing law defines an electric bicycle and classifies electric bicycles into 3 classes with different restrictions. Under existing law, an electric bicycle is a bicycle and rules pertaining to the operation of bicycles apply to electric bicycles. Existing law prohibits a person under 16 years of age from operating a class 3 electric bicycle. A violation of the Vehicle Code is a crime.
This bill would prohibit a person under 12 years of age from operating an electric bicycle of any class. The bill would, commencing July 1, 2025, require a person who does not possess a valid driver’s license to have the skills waiver issued by the department, as described above, and a valid state-issued identification card in their immediate possession when operating an electric bicycle of any class. Because the bill would create a new prohibition on, and requirements to, operate an electric bicycle, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 It is the intent of the Legislature to create a diversion program, which includes traffic safety training and community service, for a person who is cited for a traffic violation while operating an electric bicycle.

SEC. 2.

 Section 894 of the Streets and Highways Code is amended to read:

894.
 (a) (1) The Department of the California Highway Patrol shall develop, on or before September 1, 2023, statewide safety and training programs based on evidence-based practices for users of electric bicycles, including, but not limited to, general electric bicycle riding safety, emergency maneuver skills, rules of the road, and laws pertaining to electric bicycles.
(2) On or before June 30, 2025, the Department of the California Highway Patrol shall issue a skills waiver, in an electronic format, to each person who completes the training described in paragraph (1). The skills waiver shall contain all of the following information:
(A) The name of the person who completed the training.
(B) The name of the parent or guardian of the person who completed the training.
(C) The date of issuance of the skills waiver.
(b) The safety and training programs shall be developed in collaboration with relevant stakeholders.
(c) The safety and training programs shall be posted on the internet website of the Department of the California Highway Patrol on or before September 1, 2023.

SEC. 3.

 Section 21213 of the Vehicle Code is amended to read:

21213.
 (a) A person under 16 years of age shall not operate a class 3 electric bicycle.
(b) A person shall not operate a class 3 electric bicycle, or ride upon a class 3 electric bicycle 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 helmet requirement also applies to a person who rides upon a class 3 electric bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle.
(c) A person under 12 years of age shall not operate an electric bicycle of any class.
(d) Commencing July 1, 2025, a person who does not possess a valid driver’s license shall have in their immediate possession, at all times when operating an electric bicycle of any class, both of the following:
(1) The skills waiver issued by the Department of the California Highway Patrol, pursuant to Section 894 of the Streets and Highways Code, in an electronic or printed format.
(2) A valid state-issued identification card.

SEC. 4.

 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.