| 1 | | - | Amended IN Assembly March 12, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1939Introduced by Assembly Member GonzalezJanuary 16, 2020 An act to amend Section Sections 231 and 467.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 1939, as amended, Gonzalez. Pedicabs: electric bicycles.Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. These provisions also apply to a pedicab, defined, among other things, as a bicycle with 3 or more wheels that is capable of transporting passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. A violation of the Vehicle Code provisions regulating the operation of a bicycle or pedicab is an infraction. Existing law defines a bicycle, for purposes of these provisions, as a device having one or more wheels upon which a person may ride that is propelled exclusively by human power, as specified.This bill would expand the definition of a pedicab to include electric bicycles and would expand the definition of a bicycle to include electric bicycles. Because a violation of these provisions is 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.The bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 231 of the Vehicle Code is amended to read:231. A bicycle is a device upon which any 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. Persons riding bicycles are 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.SECTION 1.SEC. 2. Section 467.5 of the Vehicle Code is amended to read:467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle bicycle, including an electric bicycle, that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle bicycle, including an electric bicycle, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11.SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1939Introduced by Assembly Member GonzalezJanuary 16, 2020 An act to amend Section 467.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 1939, as introduced, Gonzalez. Pedicabs: electric bicycles.Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. These provisions also apply to a pedicab, defined, among other things, as a bicycle with 3 or more wheels that is capable of transporting passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. A violation of the Vehicle Code provisions regulating the operation of a bicycle or pedicab is an infraction.This bill would expand the definition of a pedicab to include electric bicycles. Because a violation of these provisions is 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.The bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 467.5 of the Vehicle Code is amended to read:467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 3 | | - | Amended IN Assembly March 12, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1939Introduced by Assembly Member GonzalezJanuary 16, 2020 An act to amend Section Sections 231 and 467.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 1939, as amended, Gonzalez. Pedicabs: electric bicycles.Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. These provisions also apply to a pedicab, defined, among other things, as a bicycle with 3 or more wheels that is capable of transporting passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. A violation of the Vehicle Code provisions regulating the operation of a bicycle or pedicab is an infraction. Existing law defines a bicycle, for purposes of these provisions, as a device having one or more wheels upon which a person may ride that is propelled exclusively by human power, as specified.This bill would expand the definition of a pedicab to include electric bicycles and would expand the definition of a bicycle to include electric bicycles. Because a violation of these provisions is 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.The bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1939Introduced by Assembly Member GonzalezJanuary 16, 2020 An act to amend Section 467.5 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGESTAB 1939, as introduced, Gonzalez. Pedicabs: electric bicycles.Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. These provisions also apply to a pedicab, defined, among other things, as a bicycle with 3 or more wheels that is capable of transporting passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. A violation of the Vehicle Code provisions regulating the operation of a bicycle or pedicab is an infraction.This bill would expand the definition of a pedicab to include electric bicycles. Because a violation of these provisions is 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.The bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 28 | | - | Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. These provisions also apply to a pedicab, defined, among other things, as a bicycle with 3 or more wheels that is capable of transporting passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. A violation of the Vehicle Code provisions regulating the operation of a bicycle or pedicab is an infraction. Existing law defines a bicycle, for purposes of these provisions, as a device having one or more wheels upon which a person may ride that is propelled exclusively by human power, as specified.This bill would expand the definition of a pedicab to include electric bicycles and would expand the definition of a bicycle to include electric bicycles. Because a violation of these provisions is 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.The bill would provide that no reimbursement is required by this act for a specified reason. |
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| 28 | + | Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. These provisions also apply to a pedicab, defined, among other things, as a bicycle with 3 or more wheels that is capable of transporting passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. A violation of the Vehicle Code provisions regulating the operation of a bicycle or pedicab is an infraction.This bill would expand the definition of a pedicab to include electric bicycles. Because a violation of these provisions is 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.The bill would provide that no reimbursement is required by this act for a specified reason. |
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| 42 | | - | The people of the State of California do enact as follows:SECTION 1. Section 231 of the Vehicle Code is amended to read:231. A bicycle is a device upon which any 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. Persons riding bicycles are 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.SECTION 1.SEC. 2. Section 467.5 of the Vehicle Code is amended to read:467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle bicycle, including an electric bicycle, that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle bicycle, including an electric bicycle, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11.SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 467.5 of the Vehicle Code is amended to read:467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. |
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| 48 | | - | SECTION 1. Section 231 of the Vehicle Code is amended to read:231. A bicycle is a device upon which any 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. Persons riding bicycles are 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. |
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| 48 | + | SECTION 1. Section 467.5 of the Vehicle Code is amended to read:467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. |
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| 54 | | - | 231. A bicycle is a device upon which any 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. Persons riding bicycles are 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. |
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| 54 | + | 467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. |
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| 56 | | - | 231. A bicycle is a device upon which any 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. Persons riding bicycles are 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. |
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| 56 | + | 467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. |
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| 58 | | - | 231. A bicycle is a device upon which any 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. Persons riding bicycles are 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. |
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| 62 | | - | 231. A bicycle is a device upon which any 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. Persons riding bicycles are 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. |
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| 64 | | - | SECTION 1.SEC. 2. Section 467.5 of the Vehicle Code is amended to read:467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle bicycle, including an electric bicycle, that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle bicycle, including an electric bicycle, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. |
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| 66 | | - | SECTION 1.SEC. 2. Section 467.5 of the Vehicle Code is amended to read: |
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| 68 | | - | ### SECTION 1.SEC. 2. |
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| 70 | | - | 467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle bicycle, including an electric bicycle, that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle bicycle, including an electric bicycle, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. |
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| 72 | | - | 467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle bicycle, including an electric bicycle, that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle bicycle, including an electric bicycle, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. |
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| 74 | | - | 467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle bicycle, including an electric bicycle, that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle bicycle, including an electric bicycle, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. |
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| 58 | + | 467.5. Pedicab means any of the following:(a) A bicycle or electric bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.(b) A bicycle or electric bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11. |
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| 82 | | - | (b) A bicycle or electric bicycle bicycle, including an electric bicycle, that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire. |
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| 66 | + | (b) A bicycle or electric bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire. |
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