SB 455 elec powered bikes - talking points suggestions

[Jim Baross]

Senate Bill 455, introduced by Senator Blakespear, has been modified. Please feel free to help further improve it by contacting your State Senator. https://legiscan.com/CA/text/SB455/id/3217238

On behalf of CABO, I offer some recommendations for improving SB 455.

1. We encourage/favor this effort to include in the California Vehicle Code provisions for the lawful use of electrically powered/assisted bicycle-like devices that do not meet the requirements of the categories of lawful Electric Bicycles—Class 1, 2, or 3. The availability for lawful use of these otherwise non-compliant devices can encourage the use of cleaner, cheaper, relatively safer transportation alternatives to motor vehicle use. 

This bill would revise the definitions of Motor-driven Cycles and Motorized Bicycles or Mopeds and refer to Motorized Bicycles as Mopeds or Low-power Mopeds. It would not change the definitions, requirements, or categories of Electric Bicycles.

2. Remove sections regarding CVC 21244, 1, and 2 that would unduly restrict the lawful use of these devices on public roads. (Note that "highway" is an inclusive term for the full public right-of-way, including the roadway, sidewalk, shoulder, etc.)

21244. (a) A person shall only operate a low-power moped upon a highway subject to the following requirements:
(1) The posted speed limit is 35 miles per hour or less.
(2) The low-speed moped is capable of sustaining a speed that is within five miles of the posted speed limit.
(b) A low-power moped shall not be operated on sidewalks, paths, trails, or Class I, Class II, or Class IV bikeways.

3. Retain but renumber the section regarding CVC 21244 (b). Mopeds or Low-power Mopeds use should be limited to public roadways (or private property), not on sidewalks, paths, trails, or Class I, Class II, or Class IV bikeways unless the local authority allows such use.

4. Include other exceptions in the proposal to add Article 5.4. Operation of Low-Power Mopeds, CVC 21245. The other appropriate exceptions are those that apply to bicycles for operating as far to the right as practicable.

21245. Any person operating a low-power moped upon a highway shall ride as close as practicable to the right-hand curb or right edge of the roadway, except under the following situations:
(a) When preparing for, and taking, a left turn.
(b) When preparing for, and taking, a U-turn.

Recommended additions include these as modified from CVC 21202:

(c) When overtaking and passing another low-powered moped, moped, bicycle or vehicle proceeding in the same direction.
(d) When preparing for a left turn at an intersection or into a private road or driveway.
(e) 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, low-powered moped, moped, or vehicle to travel safely side by side within the lane.
(f) When approaching a place where a right turn is authorized.
(g) Any person operating a low-powered moped or moped 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.

5. We are sensitive to but not recommending changes to Article 9, the Unauthorized Devices section, which, without knowledge of Division 1, CVC 231, 312.5, and 21200, could mistakenly be thought to apply to bicycles.

21310. (a) Notwithstanding any other law, a two-wheeled or three-wheeled device shall not operate on any highway or public right-of-way unless the device meets a definition of a device that is explicitly defined in Division 1 (commencing with Section 100) and is explicitly authorized for use on a highway or public right-of-way pursuant to this code.
(b) A two-wheeled or three-wheeled device that does not meet the requirements described in subdivision (a) shall only be operated on private property or in off-highway environments, subject to all relevant local, state, and federal laws.

Applicable sections of CVC are included for information: 

CVC 231.  A bicycle is a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of this code specified in Sections 21200 and 21200.5. An electric bicycle is a bicycle.

CVC 312.5.  (a) An “electric bicycle” is a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power.

(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted 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.
(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, except as provided in paragraph (4), and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.
(4) A class 1 or class 3 electric bicycle may have start assistance or a walk mode that propels the electric bicycle on motor power alone, up to a maximum speed of 3.7 miles per hour.
(b) A person riding an electric bicycle, as defined in this section, is subject to Article 4 (commencing with Section 21200) of Chapter 1 of Division 11.
(c) On and after January 1, 2017, manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle. The label shall contain the classification number, top assisted speed, and motor wattage of the electric bicycle, and shall be printed in Arial font in at least 9-point type.
(d) The following vehicles are not electric bicycles under this code and shall not be advertised, sold, offered for sale, or labeled as electric bicycles:
(1) A vehicle with two or three wheels powered by an electric motor that is intended by the manufacturer to be modifiable to attain a speed greater than 20 miles per hour on motor power alone or to attain more than 750 watts of power.
(2) A vehicle that is modified to attain a speed greater than 20 miles per hour on motor power alone or to have motor power of more than 750 watts.
(3) A vehicle that is modified to have its operable pedals removed.

CVC 21200.  
(a) (1) A person riding a bicycle or operating a pedicab 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.

Jim Baross

CABO President