California 2017 2017-2018 Regular Session

California Assembly Bill AB2989 Amended / Bill

Filed 07/05/2018

                    Amended IN  Senate  July 05, 2018 Amended IN  Senate  June 28, 2018 Amended IN  Assembly  May 25, 2018 Amended IN  Assembly  April 30, 2018 Amended IN  Assembly  April 17, 2018 Amended IN  Assembly  April 03, 2018 Amended IN  Assembly  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2989Introduced by Assembly Member Flora(Coauthors: Assembly Members Chen and Gloria)February 16, 2018 An act to amend Section 21235 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 2989, as amended, Flora. Motorized scooter: use of helmet: maximum speed.Existing law generally prescribes the operation of a motorized scooter, defined as 2-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or by a source other than electric power. Existing law requires a drivers license or permit to operate a motorized scooter. Existing law prohibits the operation of 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 bike lane. Existing law prohibits an operator of a motorized scooter from operating the motorized scooter without wearing a properly fitted and fastened helmet meeting specified standards. A violation of prescriptions or prohibitions regarding motorized scooters is a crime.This bill would permit the operation of a motorized scooter on a highway with a speed limit of up to 35 miles per hour, and would allow for operation on a highway with a higher speed limit if the motorized scooter is operated within a Class II or Class IV bikeway. The bill would require the operator of a motorized scooter to wear a helmet only if the operator is less than under 18 years of age.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 35 miles per hour unless the motorized scooter is operated within a class Class II bicycle lane. or Class IV bikeway.(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 less than under 18 years of age.(d) Operate a motorized scooter without a valid drivers 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 hands above the level of his or her 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 while on the roadway, by any means, to any other vehicle on the roadway.

 Amended IN  Senate  July 05, 2018 Amended IN  Senate  June 28, 2018 Amended IN  Assembly  May 25, 2018 Amended IN  Assembly  April 30, 2018 Amended IN  Assembly  April 17, 2018 Amended IN  Assembly  April 03, 2018 Amended IN  Assembly  March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2989Introduced by Assembly Member Flora(Coauthors: Assembly Members Chen and Gloria)February 16, 2018 An act to amend Section 21235 of the Vehicle Code, relating to vehicles.LEGISLATIVE COUNSEL'S DIGESTAB 2989, as amended, Flora. Motorized scooter: use of helmet: maximum speed.Existing law generally prescribes the operation of a motorized scooter, defined as 2-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or by a source other than electric power. Existing law requires a drivers license or permit to operate a motorized scooter. Existing law prohibits the operation of 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 bike lane. Existing law prohibits an operator of a motorized scooter from operating the motorized scooter without wearing a properly fitted and fastened helmet meeting specified standards. A violation of prescriptions or prohibitions regarding motorized scooters is a crime.This bill would permit the operation of a motorized scooter on a highway with a speed limit of up to 35 miles per hour, and would allow for operation on a highway with a higher speed limit if the motorized scooter is operated within a Class II or Class IV bikeway. The bill would require the operator of a motorized scooter to wear a helmet only if the operator is less than under 18 years of age.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  July 05, 2018 Amended IN  Senate  June 28, 2018 Amended IN  Assembly  May 25, 2018 Amended IN  Assembly  April 30, 2018 Amended IN  Assembly  April 17, 2018 Amended IN  Assembly  April 03, 2018 Amended IN  Assembly  March 22, 2018

Amended IN  Senate  July 05, 2018
Amended IN  Senate  June 28, 2018
Amended IN  Assembly  May 25, 2018
Amended IN  Assembly  April 30, 2018
Amended IN  Assembly  April 17, 2018
Amended IN  Assembly  April 03, 2018
Amended IN  Assembly  March 22, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2989

Introduced by Assembly Member Flora(Coauthors: Assembly Members Chen and Gloria)February 16, 2018

Introduced by Assembly Member Flora(Coauthors: Assembly Members Chen and Gloria)
February 16, 2018

 An act to amend Section 21235 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2989, as amended, Flora. Motorized scooter: use of helmet: maximum speed.

Existing law generally prescribes the operation of a motorized scooter, defined as 2-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or by a source other than electric power. Existing law requires a drivers license or permit to operate a motorized scooter. Existing law prohibits the operation of 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 bike lane. Existing law prohibits an operator of a motorized scooter from operating the motorized scooter without wearing a properly fitted and fastened helmet meeting specified standards. A violation of prescriptions or prohibitions regarding motorized scooters is a crime.This bill would permit the operation of a motorized scooter on a highway with a speed limit of up to 35 miles per hour, and would allow for operation on a highway with a higher speed limit if the motorized scooter is operated within a Class II or Class IV bikeway. The bill would require the operator of a motorized scooter to wear a helmet only if the operator is less than under 18 years of age.

Existing law generally prescribes the operation of a motorized scooter, defined as 2-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor or by a source other than electric power. Existing law requires a drivers license or permit to operate a motorized scooter. Existing law prohibits the operation of 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 bike lane. Existing law prohibits an operator of a motorized scooter from operating the motorized scooter without wearing a properly fitted and fastened helmet meeting specified standards. A violation of prescriptions or prohibitions regarding motorized scooters is a crime.

This bill would permit the operation of a motorized scooter on a highway with a speed limit of up to 35 miles per hour, and would allow for operation on a highway with a higher speed limit if the motorized scooter is operated within a Class II or Class IV bikeway. The bill would require the operator of a motorized scooter to wear a helmet only if the operator is less than under 18 years of age.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. 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 35 miles per hour unless the motorized scooter is operated within a class Class II bicycle lane. or Class IV bikeway.(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 less than under 18 years of age.(d) Operate a motorized scooter without a valid drivers 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 hands above the level of his or her 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 while on the roadway, by any means, to any other vehicle on the roadway.

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

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

SECTION 1. 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 35 miles per hour unless the motorized scooter is operated within a class Class II bicycle lane. or Class IV bikeway.(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 less than under 18 years of age.(d) Operate a motorized scooter without a valid drivers 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 hands above the level of his or her 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 while on the roadway, by any means, to any other vehicle on the roadway.

SECTION 1. Section 21235 of the Vehicle Code is amended to read:

### SECTION 1.

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 35 miles per hour unless the motorized scooter is operated within a class Class II bicycle lane. or Class IV bikeway.(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 less than under 18 years of age.(d) Operate a motorized scooter without a valid drivers 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 hands above the level of his or her 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 while on the roadway, by any means, to any other vehicle on the roadway.

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 35 miles per hour unless the motorized scooter is operated within a class Class II bicycle lane. or Class IV bikeway.(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 less than under 18 years of age.(d) Operate a motorized scooter without a valid drivers 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 hands above the level of his or her 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 while on the roadway, by any means, to any other vehicle on the roadway.

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 35 miles per hour unless the motorized scooter is operated within a class Class II bicycle lane. or Class IV bikeway.(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 less than under 18 years of age.(d) Operate a motorized scooter without a valid drivers 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 hands above the level of his or her 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 while on the roadway, by any means, to any other vehicle on the roadway.



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 35 miles per hour unless the motorized scooter is operated within a class Class II bicycle lane. or Class IV bikeway.

(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 less than under 18 years of age.

(d) Operate a motorized scooter without a valid drivers 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 hands above the level of his or her 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 while on the roadway, by any means, to any other vehicle on the roadway.