AB 1201: Motorized bicycles.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-03-30
Existing law defines a motorized bicycle or moped as a 2-wheeled or 3-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, with an automatic transmission and motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground. Existing law requires every manufacturer of a motorized bicycle to provide a disclosure to a buyer that his or her existing insurance policy may not provide coverage for these bicycles and that the buyer should contact his or her insurance agent to determine if coverage is provided. Existing law generally makes a violation of the Vehicle Code an infraction.
This bill would increase the allowable gross brake horsepower of motorized bicycles or mopeds from less than 4 to less than 5 in that definition. By changing the scope of an existing crime, this 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.
Existing law requires specified forms filed with the Department of Motor Vehicles to contain a social security account number. Existing law exempts specified individuals, who were not issued social security account numbers, from this requirement.This bill would make a technical, nonsubstantive change to those provisions.Existing law requires specified forms filed with the Department of Motor Vehicles to contain a social security account number. Existing law exempts specified individuals, who were not issued social security account numbers, from this requirement.
This bill would make a technical, nonsubstantive change to those provisions.
(a)A motorized bicycle or moped is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 five gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.
(b)Every manufacturer of a motorized bicycle or moped, as defined in this section, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided. The disclosure shall meet both of the following requirements:
(1)The disclosure shall be printed in not less than 14-point boldface type on a single sheet of paper that contains no information other than the disclosure.
(2)The disclosure shall include the following language in capital letters:
YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.
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.
SECTION 1.Section 1653.5 of the Vehicle Code, as amended by Section 2 of Chapter 452 of the Statutes of 2014, is amended to read:1653.5.(a)Each form prescribed by the department for use by an applicant for the issuance or renewal by the department of a drivers license or identification card pursuant to Division 6 (commencing with Section 12500) shall contain a section for the applicants social security account number.(b)Each form prescribed by the department for use by an applicant for the issuance, renewal, or transfer of the registration or certificate of title to a vehicle shall contain a section for the applicants drivers license or identification card number.(c)Except as provided in Section 12801, a person who submits to the department a form that, pursuant to subdivision (a), contains a section for the applicants social security account number, or pursuant to subdivision (b), the applicants drivers license or identification card number, if any, shall furnish the appropriate number in the space provided.(d)Except as provided in Section 12801, the department shall not complete an application that does not include the applicants social security account number or drivers license or identification card number as required under subdivision (c).(e)An applicants social security account number shall not be included by the department on a drivers license, identification card, registration, certificate of title, or any other document issued by the department.(f)Notwithstanding any other law, information regarding an applicants social security account number, or ineligibility for a social security number, obtained by the department pursuant to this section, is not a public record, and shall not be disclosed by the department except for any of the following purposes:(1)Responding to a request for information from an agency operating pursuant to, and carrying out the provisions of, Part A (Block Grants to States for Temporary Assistance for Needy Families), or Part D (Child Support and Establishment of Paternity), of Subchapter IV of Chapter 7 of Title 42 of the United States Code.(2)Implementation of Section 12419.10 of the Government Code.(3)Responding to information requests from the Franchise Tax Board for the purpose of tax administration.(g)This section shall become operative on January 1, 2015, or on the date that the director executes a declaration pursuant to Section 12801.11, whichever is sooner.(h)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.(a)Each form prescribed by the department for use by an applicant for the issuance or renewal by the department of a drivers license or identification card pursuant to Division 6 (commencing with Section 12500) shall contain a section for the applicants social security account number.
(b)Each form prescribed by the department for use by an applicant for the issuance, renewal, or transfer of the registration or certificate of title to a vehicle shall contain a section for the applicants drivers license or identification card number.
(c)Except as provided in Section 12801, a person who submits to the department a form that, pursuant to subdivision (a), contains a section for the applicants social security account number, or pursuant to subdivision (b), the applicants drivers license or identification card number, if any, shall furnish the appropriate number in the space provided.
(d)Except as provided in Section 12801, the department shall not complete an application that does not include the applicants social security account number or drivers license or identification card number as required under subdivision (c).
(e)An applicants social security account number shall not be included by the department on a drivers license, identification card, registration, certificate of title, or any other document issued by the department.
(f)Notwithstanding any other law, information regarding an applicants social security account number, or ineligibility for a social security number, obtained by the department pursuant to this section, is not a public record record, and shall not be disclosed by the department except for any of the following purposes:
(1)Responding to a request for information from an agency operating pursuant to, and carrying out the provisions of, Part A (Block Grants to States for Temporary Assistance for Needy Families), or Part D (Child Support and Establishment of Paternity), of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(2)Implementation of Section 12419.10 of the Government Code.
(3)Responding to information requests from the Franchise Tax Board for the purpose of tax administration.
(g)This section shall become operative on January 1, 2015, or on the date that the director executes a declaration pursuant to Section 12801.11, whichever is sooner.
(h)This section shall become inoperative on the effective date of a final judicial determination made by any court of appellate jurisdiction that any provision of the act that added this section, or its application, either in whole or in part, is enjoined, found unconstitutional, or held invalid for any reason. The department shall post this information on its Internet Web site.
|
Date
|
Status
|
|---|---|
| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Jan 8, 2018 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Apr 24, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 30, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Apr 3, 2017 | Re-referred to Com. on TRANS. |
| Mar 30, 2017 | Referred to Com. on TRANS. |
| Feb 19, 2017 | From printer. May be heard in committee March 21. |
| Feb 17, 2017 | Read first time. To print. |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Scoot Networks | ** Support | Jan 5, 2018 |
Date of Hearing: January 8, 2018
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
ABPCA Bill Id:AB 1201 (
Author:Chiu) – As Amended Ver:March 30, 2017
SUBJECT: Motorized bicycles
SUMMARY: Changes the definition of a motorized bicycle or moped the allowable gross brake horsepower from four to five.
EXISTING LAW: Defines motorized bicycles or mopeds as a two- or three-wheeled device with fully operative pedals for human-powered propulsion, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that is less than four horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour (mph).
FISCAL EFFECT: Unknown
COMMENTS: Motorized bicycles utilize a variety of engines, from internal-combustion two-stroke and four-stroke gasoline engines to electric propulsion. Most motorized bicycles are based on or derived from standard general-purpose bicycle frame designs and technologies, although exceptions abound.
The bill’s supporter, Scoot Networks, rents electric mopeds to thousands of people who work or live in San Francisco. Scoot notes that this bill is necessary because riders will be safer if they have an additional horsepower [from four to five] in order to get them up hills and to keep up with traffic. Interestingly, writing in support of AB 2173 (Bradford), Chapter 60, Statutes of 2014, a bill that increased the allowable horsepower for motorized bicycles from two to four, Scoot claimed in 2014 that users of its two-horsepower rental electric scooters had difficulty maintaining safe speeds on hills, and had difficulty accelerating to keep pace with automobile traffic. At the time, Scoot asserted that increasing horsepower from two to four would increase safety by allowing operators to maintain speed on hills and accelerate more quickly when needed in traffic.
Gross brake horsepower is “raw” engine horsepower, not including losses from elements like the drivetrain or ancillary equipment. The net power of a motorized bicycle, exerted by tire onto pavement, will be somewhat less than the gross brake horsepower. Four horsepower, the limit for motorized bicycles and mopeds under current law, equals about 3,000 watts, and five horsepower equals about 3,750 watts. To appreciate the significance of these values, by comparison, low-speed electric bicycles have motors that range from 350 watts to 750 watts. Thus, the increase in horsepower considered in this bill would make these vehicles five to ten times as powerful as typical low-speed electric bikes.
Currently, federal regulations define a “motor-driven cycle” as a motorcycle with a motor that produces 5 horsepower or less. However, there appears to be no other state in the US in which motorized bicycles are allowed to have more than 2 horsepower, let alone 5 horsepower.
The proponents of this bill point out that, while the bill increases the engine horsepower available for these types of vehicles, the speed at which the cycles can be operated remains at 30 mph.
Committee comments:
Neither the author nor the bill’s supporter has demonstrated the need for this change. While it is self-evident that San Francisco has hills, and it can be assumed that an increase in horsepower would enable cycles to climb steeper hills at greater speeds, all else being equal, it is unclear whether there is a need or whether increasing from 4 to 5 horsepower resolves that need. The increase in horsepower in this bill, however, applies to any motorized bicycle in California, not just electric cycles in San Francisco, and therefore could have a number of unintended consequences. For example:
- Statute clearly limits the speed for motorized bicycles to 30 mph; however, statute does not include any enforcement mechanism to enable law enforcement to penalize operators who exceed this limit on streets that may have higher speed limits than 30 mph. Increasing the power of the cycle only improves the ability for these vehicles to exceed the statutory speed limit, while not addressing the challenge of enforcement.
- The intention of this bill is to increase the power of motorized bicycles. More powerful vehicles bring with them increased safety concerns. Without a clear understanding of the difference between 4 and 5 horsepower, it is unclear whether additional safety requirements should be considered with this bill.
- This bill impacts both electric-powered and gas-powered motorized bicycles. The California Air Resources Board (ARB) regulates all gas-powered motorized bicycles with 50cc engines or larger. While not exactly equivalent, it appears that an increase in horsepower from four to five for a gas-powered cycle could move that vehicle into ARB’s regulatory realm. This potential impact should be carefully considered with this bill.
- Additional horsepower in a gas-powered motorized cycle will lead to increased emissions from those vehicles. Some believe that increasing the horsepower threshold for motorized bicycles will make them a more attractive alternative for transport. In this way, this bill may run contrary to the state objectives of reducing emissions, and unintentionally incentivize dirtier modes of transportation.
Prior Legislation: AB 1096 (Chiu), Chapter 568, Statutes of 2015, defined various classes of electric bicycles and establishes parameters for their operation in California.
AB 2173 (Bradford), Chapter 60, Statutes of 2014, increased the maximum horsepower allowed under state law for electric scooters and mopeds from two to four.
REGISTERED SUPPORT / OPPOSITION:
Support
Scoot Networks
Opposition
None on file
Analysis Prepared by: Eric Thronson / TRANS. / (916) 319-2093
Bill Author
Bill Co-Author(s):