Existing law defines a motorized scooter as any 2-wheeled device that has handlebars, either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. Existing law prohibits a person from operating a motorized scooter in excess of 15 miles per hour. Existing law prohibits an operator of a motorized scooter under 18 years of age from operating a motorized scooter without a specified bicycle helmet. helmet and requires a manufacturer of a motorized scooter to provide a disclosure to buyers that existing insurance policies may not provide coverage for a motorized scooter. Under existing law, a violation or failure to comply with a provision of the Vehicle Code constitutes an infraction.

This bill would change the definition of a motorized scooter by including 3-wheeled devices, limiting its maximum weight to 200 pounds and width to 3 feet, and specifying that it is powered by a motor that ceases to provide power at 20 miles per hour. The bill would require a manufacturer of a motorized scooter to apply a sticker to certain motorized scooters certifying the scooter is capable of achieving braking requirements, as specified, and would prohibit a person from operating a motorized scooter that does not have that certifying sticker and, if the scooter is capable of exceeding 15 miles per hour, a speedometer in good working order. The bill would prohibit a person from operating a motorized scooter in excess of 15 miles per hour while standing up or in excess of 20 miles per hour while sitting down.

Existing law, the Three Feet for Safety Act, requires the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, and the surface and width of the highway. Existing law prohibits, with specified exceptions, the driver of the motor vehicle that is overtaking or passing a bicycle proceeding in the same direction on a highway from passing at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. Existing law establishes a violation of these provisions as an infraction punishable by a $35 fine.

This bill would make the above provisions applicable to a driver of a motor vehicle overtaking a motorized scooter.

Because the bill would broaden the scope of an infraction and create new infractions, it creates 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 defines a motorized scooter as any 2-wheeled device that has handlebars, either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. Existing law prohibits a person from operating a motorized scooter in excess of 15 miles per hour. Existing law prohibits an operator of a motorized scooter under 18 years of age from operating a motorized scooter without a specified bicycle helmet. Under existing law, a violation or failure to comply with a provision of the Vehicle Code constitutes an infraction.

This bill would change the definition of a motorized scooter by including 3-wheeled devices, limiting its maximum weight to 200 pounds and width to 4 3 feet, and specifying that it is powered by a motor that ceases to provide power at 20 miles per hour. The bill would prohibit a person from operating a motorized scooter in excess of 15 miles per hour while standing up or in excess of 20 miles per hour while sitting down.

Existing law, the Three Feet for Safety Act, requires the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, and the surface and width of the highway. Existing law prohibits, with specified exceptions, the driver of the motor vehicle that is overtaking or passing a bicycle proceeding in the same direction on a highway from passing at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. Existing law establishes a violation of these provisions as an infraction punishable by a $35 fine.

This bill would make the above provisions applicable to a driver of a motor vehicle overtaking a motorized scooter.

Because the bill would broaden the scope of an infraction and create new infractions, it creates 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 defines a motorized scooter as any 2-wheeled device that has handlebars, either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. Existing law prohibits a person from operating a motorized scooter in excess of 15 miles per hour. Existing law prohibits an operator of a motorized scooter under 18 years of age from operating a motorized scooter without a specified bicycle helmet. Under existing law, a violation or failure to comply with a provision of the Vehicle Code constitutes an infraction.

Existing law, the Three Feet for Safety Act, requires the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, and the surface and width of the highway. Existing law prohibits, with specified exceptions, the driver of the motor vehicle that is overtaking or passing a bicycle proceeding in the same direction on a highway from passing at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. Existing law establishes a violation of these provisions as an infraction punishable by a $35 fine.

This bill would make the above provisions applicable to a driver of a motor vehicle overtaking a motorized scooter.

Because the bill would broaden the scope of an infraction and create new infractions, it creates 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 defines a motorized scooter as any 2-wheeled device that has handlebars, either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. Existing law prohibits a person from operating a motorized scooter in excess of 15 miles per hour. Existing law prohibits an operator of a motorized scooter under 18 years of age from operating a motorized scooter without a specified bicycle helmet. Under existing law, a violation or failure to comply with a provision of the Vehicle Code constitutes an infraction.

This bill would classify motorized scooters into 3 2 classes. A class 1 motorized scooter would have a floorboard and a motor that ceases to provide power when the scooter reaches 15 miles per hour, and a class 2 motorized scooter would have a floorboard or a seat and footrests, a wheel width of at least 6 inches, and a motor that ceases to provide power at 20 miles per hour, and may have headlights, turn signals, a speedometer, and brake and tail lights, and a class 3 motorized scooter would be similar to a class 2 motorized scooter except that the class 3 motorized scooter would be required to have one or more headlights, turn signals, a speedometer, and brake and tail lights, and the motor ceases to provide power at 28 miles per hour. This bill would require an operator of a class 3 motorized scooter to wear a helmet regardless of the age of the operator. lights. The bill would prohibit an operator of a class 1 motorized scooter from operating the motorized scooter in excess of 15 miles per hour, hour and a class 2 motorized scooter in excess of 20 miles per hour, and a class 3 motorized scooter in excess of 28 miles per hour. hour.

Existing law, the Three Feet for Safety Act, requires the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, and the surface and width of the highway. Existing law prohibits, with specified exceptions, the driver of the motor vehicle that is overtaking or passing a bicycle proceeding in the same direction on a highway from passing at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. Existing law establishes a violation of these provisions as an infraction punishable by a $35 fine.

This bill would make the above provisions applicable to a driver of a motor vehicle overtaking a motorized scooter.

Because the bill would broaden the scope of an infraction and create new infractions, it creates 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 defines a motorized scooter as any 2-wheeled device that has handlebars, either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. Existing law prohibits a person from operating a motorized scooter in excess of 15 miles per hour. Existing law prohibits an operator of a motorized scooter under 18 years of age from operating a motorized scooter without a specified bicycle helmet. Under existing law, a violation or failure to comply with a provision of the Vehicle Code constitutes an infraction.

This bill would classify motorized scooters into 3 classes. A class 1 motorized scooter would have a floorboard and a motor that ceases to provide power when the scooter reaches 15 miles per hour, a class 2 motorized scooter would have a floorboard or a seat and footrests, a wheel width of at least 6 inches, and a motor that ceases to provide power at 20 miles per hour, and may have headlights, turn signals, a speedometer, and brake and tail lights, and a class 3 motorized scooter would be similar to a class 2 motorized scooter except that the class 3 motorized scooter would be required to have one or more headlights, turn signals, a speedometer, and brake and tail lights, and the motor ceases to provide power at 28 miles per hour. This bill would require an operator of a class 3 motorized scooter to wear a helmet regardless of the age of the operator. The bill would prohibit an operator of a class 1 motorized scooter from operating the motorized scooter in excess of 15 miles per hour, a class 2 motorized scooter in excess of 20 miles per hour, and a class 3 motorized scooter in excess of 28 miles per hour.

Existing law, the Three Feet for Safety Act, requires the driver of a motor vehicle overtaking and passing a bicycle that is proceeding in the same direction on a highway to pass in compliance with specified requirements applicable to overtaking and passing a vehicle, and to do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle, having due regard for the size and speed of the motor vehicle and the bicycle, traffic conditions, weather, and the surface and width of the highway. Existing law prohibits, with specified exceptions, the driver of the motor vehicle that is overtaking or passing a bicycle proceeding in the same direction on a highway from passing at a distance of less than 3 feet between any part of the motor vehicle and any part of the bicycle or its operator. Existing law establishes a violation of these provisions as an infraction punishable by a $35 fine.

This bill would make the above provisions applicable to a driver of a motor vehicle overtaking a motorized scooter.

Because the bill would broaden the scope of an infraction and create new infractions, it creates 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.

SENATE COMMITTEE ON TRANSPORTATION

Senator Lena Gonzalez, Chair

2023 - 2024 Regular

Bill No: AB 1447 Hearing Date: 9/12/2023

SUBJECT: Vehicles: motorized scooters

DIGEST: This bill would change the definition of a motorized scooter to establish maximum heights, weights, and speeds and requires motor vehicles to provide at least three feet of distance when passing a motorized scooter. This bill would also require motorized scooter manufactures to certify the ability for newly manufactured motorized scooters weighing over 50 pounds to be able to stop within 15 feet when traveling at 15 miles per hour (mph). Prohibits the operation of any motorized scooter capable of traveling faster than 15 mph unless it is equipped with a speedometer maintained in good working order.

ANALYSIS:

Existing federal regulations:

1. Require bicycles equipped with foot brakes to be able to achieve a stopping distance of 15 feet during a speed test of a minimum of a 150 pound rider traveling at 15 miles per hour. (Code of Federal Regulations Title 16, Chapter II Subchapter C, §1512.5)

Existing state law:

1. Defines a motorized scooter as any two-wheeled device that has handlebars, has no pedals, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric or other than electric motor. This device may also be designed to be powered by human propulsion. States that motorcycles, motor-driven cycles, motorized bicycles or mopeds are not motorized scooters (Vehicle Code (VEH) §407.5)
2. Defines a “motorcycle” as a motor vehicle having a seat or saddle for use of the rider, designed to travel on not more than three wheels in contact with the ground, unless it has a sidecar. (VEH §400)
3. Defines a “motor-driven cycle” as any motorcycle with a motor that displaces less than 150 cubic centimeters and is not a motorized bicycle. (VEH §406)
4. Defines a “motorized bicycle” or “moped” as 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 horsepower and is capable of propelling the device not more than 30 mph on level ground. (VEH §406.5)
5. Defines an electric bicycle as a bicycle equipped with fully operational pedals and an electric motor of less than 750 watts. Authorizes electric bicycles to be self-propelled up to 20 mph or to provide pedal assistance up to 28 mph. (VEH §312.5)
6. Requires manufacturers and distributers of electric bicycles to apply a permanent label to each electric bicycle that contains the classification number, top assisted speed, and motor wattage of the electric bicycle.
7. Requires manufacturers of motorized scooters to provide a disclosure to buyers that insurance policies may not provide coverage for motorized scooters and disclosures that the buyer may not modify or alter the exhaust system (VEH §407.5)
8. Requires the rider of a motorcycle, motor-driven cycle, motorized bicycle or class III electric bicycle to wear a helmet. (VEH §27803 and §312.5)
9. Requires the rider of a bicycle, non-motorized scooter, skateboard, in-line or roller skates, or a motorized scooter to wear a helmet if they are under the age of 18. (VEH §21235)
10. Authorizes a motorized scooter to operate on a bicycle path or trail or bikeway unless the local authority of governing body of a local agency prohibits that operation by ordinance. (VEH §21230)
11. Prohibits the operation of a motorized scooter on a highway with a speed limit in excess of 25 mph, unless a local authority by ordinance or resolution permits them on highways with a speed limit up to 35 mph. (VEH §21235)
12. Prohibits the operation of motorized scooters on a sidewalk. (VEH §21235)
13. Requires a person operating a motorized scooter to ride as close as practicable to the right-hand curb or right edge of the roadway. (VEH §21228)
14. Requires, pursuant to the Three Feet For Safety Act, motor vehicle operators, when overtaking or passing a bicycle in the same direction, to move over a lane of traffic when possible, and if not possible, give pass the rider of a motorized scooter at a distance of at least three feet, and if not possible, slow down. (VEH §21760)

This bill:

1. Changes the definition of “motorized scooter” to mean a two- or three-wheeled device that has:
   1. Handlebars;
   2. Either a floorboard designed to be stoop upon when riding or a seat and footrests in place of the floorboard;
   3. A maximum weight of 200 pounds and width of three feet;
   4. An electric motor that ceases to provide power when the scooter achieves 20 miles per hour or another non-electrical source of power.
2. Excludes motorcycles, motor-driven cycles, or a motorized bicycle or moped from the definition of motorized scooters.
3. Establishes that a person shall not operate a motorized scooter at a speed in excess of 15 mph while standing up or in excess of 20 mph while sitting down.
4. Expands the requirement of the Three Feet for Safety Act for vehicles to provide at least three feet of space when passing a bicycle to also apply when passing a motorized scooter.
5. Requires manufacturers of motorized scooters weighing 50 pounds or more manufactured after January 1, 2024 to apply a sticker to the scooter certifying it is capable of stopping within 15 feet from an actual test speed of 15 mph or the maximum speed of the scooter, whichever is lower.
6. Provides specific detail about the testing procedure that must be used to determine this certification including:
   1. The motorized scooter shall be ridden over a dry, clean, smooth paved test course free from protruding aggregate;
   2. The rider shall remain in the normal riding position throughout the test;
   3. The test run is invalid if at the commencement of the test the measured test speed of the motorized scooter is not less than nor greater than the required test speed by 1 mph;
   4. Four test runs are required and the stopping distance shall be determined by averaging the results of the four test runs; and
   5. The stopping distances specified are based on a rider test weight of a minimum of 150 pounds.
7. Prohibits the operation of a motorized scooter weighing more than 50 pounds manufactured after January 1, 2024 without such a sticker.
8. Prohibits the operation of a motorized scooter capable of exceeding 15 miles per hour unless it is equipped with a speedometer that is maintained in good working order.

COMMENTS:

1. Purpose of bill. According to the author “In order to achieve many of California’s ambitious carbon emission reduction goals, and decrease congestion, it is imperative that our citizens reduce their dependence on traditional modes of transit. This bill will promote that transformation by increasing transparency, parity, and attractiveness of all micro mobility options for consumers.”
2. Rules of the road for motorized scooters. Motorized scooters are micro mobility devices that have two wheels, handlebars, and no pedals. They often fill a similar niche to motorized bicycles. They both are smaller and more lightweight than most vehicles, but capable of operating on roads and streets to provide short-range transportation without relying on human propulsion. Despite similar uses, speeds, and weights, motorized scooters follow slightly different rules of the road than motorized bicycles. Motorized scooters are permitted in bike lanes, while motorized bicycles are only permitted to operate in bike lanes if explicitly authorized by a local authority. Motorized scooters are prohibited on streets with a speed limit greater than 25 mph (or 35 with local authorization) while motorized bicycles have no such limitation. A rider of a motorized bicycle requires a helmet, while the rider of a motorized scooter does not require a helmet if they are over the age of 18. Motorized scooters are prohibited from sidewalks, while motorized bicycles may operate on sidewalks unless forbidden by a local authority.
3. Electric micromobility device safety. Electric bicycles, electric scooters, and other electric micromobility devices have seen increasing use in recent years. Because these vehicles can quickly achieve relatively high speeds with minimal or no physical effort, they may be particularly attractive in replacing car trips and reducing greenhouse gas emissions. In addition to increases in private purchases, electric micromobility devices have recently become available as part of rental systems that rely on GPS technology and cellular phone applications to locate, rent, and drop off devices in the public right-of-way.

As these electric micromobility devices become more common there have been some concerns about how these devices can be safely operated. The increased speed, weight, and quiet operation of these devices compared to non-electric mobility devices may contribute to increased crash risks or more severe crashes. According to an analysis of data in the National Electronic Injury Surveillance System, accidents involving e-bikes are more likely to result in serious injuries than traditional pedal-powered bicycles; a collision while operating an e-bike is more likely to result in hospitalization, and those operating e-bikes are three times more likely to hit a pedestrian. However a 2022 Safety Research Report by the National Transportation Safety Board found several data challenges that prevent an accurate understanding of how common and likely e-scooter and e-bike fatalities and injuries are.

1. Defining the issue. The California Vehicle Code is full of definitions for different types of vehicles including motorcycles, motor-driven cycles, mopeds, motorized bicycles, and three classes of electric bicycles. Generally these definitions include thresholds based on engine size, power, or maximum achievable speeds. This helps ensure that laws that impact the use of specific types of vehicles apply to devices that generally pose similar crash risks based on speed. However, the current definition of a motorized scooter is unclear because it lacks any weight, speed, or engine limitations. While a person operating a motorized scooter is limited to driving the device at 15 mph, unlike an electric bicycle or motorized bicycle, there is no speed limitation as part of the definition. The lack of distinction on operational speed can, as a legal definition, make the device difficult to distinguish from a motorized bicycle or a motor-driven cycle if the device has a seat. This can be a problem because the rules of the road differ for these classes of devices and an officer may mistakenly enforce, or fail to enforce, the law due to this lack of distinction.
2. (Not) faster than a speeding bike. Some groups have raised concerns that by increasing the allowable speed for motorized scooters from 15 mph to 20 mph this bill will create safety issues by allowing heavy scooters to operate at unsafe speeds. A useful point of comparison when evaluating this concern may be electric bicycles, as they are generally heavier, faster, and quieter than their human or combustion-powered counterparts, which has raised some concerns about safety.

The current safety rules for motorized scooters largely align with the rules for class 1 and 2 e-bikes. Like those e-bikes a motorized scooter may operate in a bicycle lane and an operator under the age of 18 must wear a helmet. However these devices are only permitted to operate at speeds of 15 mph. This bill would only increase the allowable speed of these devices to be the same as the e-bikes they will be sharing bicycle lanes with and only while sitting down.

However, speed is not the only important component in crash risk. Although electric bicycles and motorized scooters currently have no statutory weight limit, practically speaking most type 1 or type 2 e-bikes generally weigh less than 80 pounds. The e-scooters developed by the sponsors of this bill weigh 160-180 pounds, at least double the weight of an e-bike. Heavier vehicles traveling at comparable speeds will impart more force in the event of a crash, leading to more severe injuries. The lack of solid data on e-bike and motorized scooters means it is not possible to definitively say how much of a safety impact this particular difference might make. Recent amendments to this bill attempt to address this concern by establishing braking requirements similar to those set for bicycles at the federal level.

1. Is a bike a scooter? The new braking requirements created in this bill mirror those established in federal regulations for bicycles. The bill provides specific detail about the type of testing that must be performed, raising several questions. Firstly, is it appropriate to simply copy and paste regulations developed specifically to establish the safety of bicycles to apply to motorized scooters? The two devices are usually ridden in different physical positions and in the case of a class III e-bike, have differing requirements regarding helmet use. Secondly, are the specific cutoffs reasonable? The specific weight and speed cutoffs chosen seem to have been taken from different sources. The 15 mph operation speed speedometer requirement seem to be based on the current laws for motorized scooter speed, while the 50 pound braking requirement aligns with the cutoff for an “ultra lightweight” micromobility device as defined by the Society of Automotive Engineers. It is unclear what types and how many motorized scooters currently on the road today will be effected. Most scooters available for rental through an app likely weigh under 50 pounds, but as interest in micromobility has grown some companies have developed heavier scooters with greater range before needing to be charged. With less than a week left in the Legislative session receiving input from the industry on which businesses this bill will impact is not feasible.
2. A stick(er)y situation. This bill requires manufacturers to include a sticker certifying braking capabilities of their motorized scooters. Most motorized scooter manufacturers are not based in California, so what California agency will have the authority and responsibility to verify that manufacturers are actually conducting these brake tests rather than just applying a sticker? Federal bicycling regulations do not require stickers certifying braking capabilities, meaning this bill is implementing an entirely new safety requirement and certification system on an entire industry. Such requirements are not entirely unprecedented; California currently requires electric bicycle manufacturers to apply labels providing information about classification and wattage (though not braking certification.) However, this does not involve requiring manufacturers to certify safety provisions, where oversight seems particularly important.

This bill goes even further by prohibiting operation of scooters without any such sticker, placing the onus for compliance on the user. Stickers are not well known for being particularly long-lasting or resistant to the elements. It seems likely that during the lifetime of a motorized scooter a certifying sticker may peel off or be worn away, requiring an operator to return to the manufacturer for a replacement or risk an encounter with law enforcement and a ticket. This raises questions given the ubiquity of business renting scooters. Should the onus for ensuring the presence of a sticker fall on the renter of the scooter or on the company procuring and maintaining it?

1. Slow down! The braking certification requirements for this bill apply to any motorized scooter manufactured after January 1, 2024. This, presumably, is to recognize that some scooters manufactured before the enactment of the bill may lack this capability or be made by manufacturers unwilling to spend money testing products they have already sold. However these provisions have been newly added to the bill, giving manufacturers about three and a half months to perform certified braking tests on any scooters set to be manufactured next year. If they discover their scooters are not capable of meeting these entirely new safety standards they will have to redesign their vehicles and modify their manufacturing processes. It seems likely this timeline will not be feasible for many manufacturers, especially as not all motorized scooter manufacturers closely track the California legislative process. The implementation date of this requirement likely will force manufacturers to pause sales of products until they are able to perform sufficient testing to comply with the law.

Furthermore the January 1, 2024 manufacturing date does not apply to the new requirement created by this bill requiring motorized scooters weighing 50 pounds or more capable of operating at speeds greater than 15 mph to have a speedometer. That requirement applies to all motorized scooters, regardless of when they were made. As such this bill will likely make many already-purchased motorized scooters illegal to ride unless the owner or operator of the device purchases and installs a new speedometer.

Related Legislation:

AB 1909 (Friedman, Chapter 343, Statutes of 2022) removed the requirement for riders of a class III electric bicycle to have local approval to ride in a bicycle lane and required motor vehicles to change lanes, if possible, when passing a bicyclist.

AB 2989 (Flora, Chapter 552, Statutes of 2018) removed the requirement to have a helmet while operating a motorized scooter unless they are under the age of 18, and permits local authorities to authorize the operation of motorized scooters on roads with speed limits up to 35 miles per hour (mph) outside of a Class II or Class IV bikeway.

AB 604 (Olsen, Chapter 777, Statutes of 2015) defined “electrically motorized skateboards” and required these devices to meet certain operational requirements.

AB 1096 (Chiu, Chapter 568, Statutes of 2015) defined electric bicycle and created 3 class definitions. Banned class 3 bicycles from a bicycle path or trail, equestrian trail, or hiking or recreational trail and allows local jurisdictions to limit operation of Class 1 and 2 electric bicycles on a bicycle path or trail, equestrian trail, or hiking or recreational trail.

AB 1371 (Bradford, Chapter 331, Statutes of 2013) specifies that a driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee this bill will have no state costs, though that was based on a prior version of the bill.

POSITIONS: (Communicated to the committee before noon on Monday,

September 11^th.)

SUPPORT:

Phat Scooters (sponsor)

OPPOSITION:

PeopleForBikes Coalition

ARGUMENTS IN SUPPORT: According to Phat Scooters, the sponsors of the bill, “As California moves to meet its carbon reduction goals, reduce dependence on fossil fuels and improve traffic and parking congestion, making micro mobility transportation options more appealing is imperative. Being allowed to safely move faster across all micro mobility categories will help California meet all of those mentioned goals.

Not all scooters are designed the same way. The common, shared scooters have smaller wheels and require a user to balance standing u when they drive. AB 1447 recognizes that scooters with a more stable wheel width and a lower center of gravity with a seated option can be safely operated at 20 mph.

California should be proud of its promotion of electric bicycles. They also help accomplish many of California’s objectives, and serve as a clean, low-impact alternative to automobiles. However, not all Californians can or are willing to operate bicycles. Older citizens and individuals with disables can or are willing to operate bicycles. Older citizens and individuals with disabilities can have difficulties performing what can be the significantly difficult task of mounting, blanking, and pedaling. Regardless of ability, bicycles are not the right fit for all transportation trips and alternatives should be encouraged”

ARGUMENTS IN OPPOSITION: According to the PeopleForBikes Coalition “If signed into law, AB 1447 would create a new class of “motorized scooter” that would be capable of operating at speeds up to 20 miles per hour and would need to be equipped with tires that were at least 6 inches wide. PeopleForBikes feels this would be bad public policy for a number of reasons. First, this new “class” of vehicle really isn’t a class of vehicle at all. It is a single product from a single manufacturer. Rather than conform to the reasonable limitations placed upon all manufacturers and operators of motorized scooters, this manufacturer seeks to create a new legally defined class of vehicle that only its products fit into. There are no other scooter companies making a scooter with 6” wide tires. The State of California should not be asked to amend its vehicle code every time a manufacturer comes up with a new product.

Secondly, the subject product appears to already be saleable in California. The cited aspects of the vehicle code related to electric scooters do not prohibit the sale of a scooter that can go faster than 15 miles per hour. The law simply prohibits the operation of an electric scooter in excess of 15 miles per hour. Absent a compelling case for “the need for speed” the legislature should not increase a settled speed limit and upend the expectations of the public and law enforcement by creating two different speed limits for essentially the same type of vehicle. Rather, operators of the subject electric scooters should conform their behavior to the existing law.

Last, the subject scooter appears to be much heavier and imposing than typical electric scooters. This device can be equipped to carry golf bags, and in essence is a scooter on steroids or a two-wheeled golf cart. If passed, this bill would allow these faster and heavier devices to operate in bicycle lanes and would decrease the safety of bicyclists, shared scooter riders and other vulnerable user groups.”

-- END --

 THIRD READING  

Bill No: AB 1447

Author: Flora (R) and Villapudua (D)

Amended: 7/5/23 in Senate

Vote: 21

SENATE TRANSPORTATION COMMITTEE: 14-0, 7/11/23

AYES: Gonzalez, Niello, Allen, Archuleta, Becker, Cortese, Dahle, Durazo, Laird, McGuire, Newman, Nguyen, Seyarto, Umberg

NO VOTE RECORDED: Blakespear, Limón

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/25/23 (Consent) - See last page for vote

SUBJECT: Vehicles: motorized scooters

SOURCE: Phat Scooters

DIGEST:

This bill changes the definition of a motorized scooter to establish maximum heights, weights, and speeds and requires motor vehicles to provide at least three feet of distance when passing a motorized scooter.

ANALYSIS:

Existing law:

1. Defines a motorized scooter as any two-wheeled device that has handlebars, has no pedals, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric or other than electric motor. This device may also be designed to be powered by human propulsion. States that motorcycles, motor-driven cycles, motorized bicycles or mopeds are not motorized scooters (Vehicle Code (VEH) §407.5)
2. Defines a “motorcycle” as a motor vehicle having a seat or saddle for use of the rider, designed to travel on not more than three wheels in contact with the ground, unless it has a sidecar. (VEH §400)
3. Defines a “motor-driven cycle” as any motorcycle with a motor that displaces less than 150 cubic centimeters and is not a motorized bicycle. (VEH §406)
4. Defines a motorized bicycle or moped as 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 four gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 mph on level ground. (VEH §406.5)
5. Defines an electric bicycle as a bicycle equipped with fully operational pedals and an electric motor of less than 750 watts. Authorizes an electric bicycle to be self-propelled up to 20 mph or to provide pedal assistance up to 28 mph. (VEH §312.5)
6. Specifies that a person operating an electric bicycle does not require a driver’s license or registration, and that an electric bicycle is not a motor vehicle. (VEH §24016)
7. Requires a driver of a motorcycle or a motor driven cycle to have an M1 license, a motorized bicycle to have a class M2 license, and a motorized scooter to have a class C license. (VEH §12804.9)
8. Requires the rider of a motorcycle, motor-driven cycle, motorized bicycle or class III electric bicycle to wear a helmet. (VEH §27803 and §312.5)
9. Requires the rider of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates to wear a helmet if they are under the age of 18.
10. Requires the rider of a motorized scooter to wear a helmet if they are under the age of 18. (VEH §21235)
11. Authorizes a motorized scooter to operate on a bicycle path or trail or bikeway unless the local authority of governing body of a local agency prohibits that operation by ordinance. (VEH §21230)
12. Prohibits the operation of a motorized scooter on a highway with a speed limit in excess of 25 mph, unless a local authority by ordinance or resolution permits them on highways with a speed limit up to 35 mph. (VEH §21235)
13. Prohibits the operation of motorized scooters on a sidewalk. (VEH §21235)
14. Requires a person operating a motorized scooter to ride as close as practicable to the right-hand curb or right edge of the roadway. (VEH §21228)
15. Requires the operator of a motorized scooter, when preparing to make a left turn, to dismount the scooter as close as practicable on the right-hand curb and complete the turn by crossing the roadway on foot. (VEH §21228)
16. Requires, pursuant to the Three Feet For Safety Act, motor vehicle operators, when overtaking or passing a bicycle in the same direction, to move over a lane of traffic when possible, and if not possible, give pass the rider of a motorized scooter at a distance of at least three feet, and if not possible, slow down. (VEH §21760)

This bill:

1. Changes the definition of “motorized scooter” to mean a two- or three-wheeled device that has:
   1. Handlebars;
   2. Either a floorboard designed to be stoop upon when riding or a seat and footrests in place of the floorboard;
   3. A maximum weight of 200 pounds and width of three feet; and
   4. An electric motor that ceases to provide power when the scooter achieves 20 miles per hour or another non-electrical source of power.
2. Excludes motorcycles, motor-driven cycles, or a motorized bicycle or moped from the definition of motorized scooters.
3. Establishes that a person shall not operate a motorized scooter at a speed in excess of 15 mph while standing up or in excess of 20 mph while sitting down.
4. Expands the requirement of the Three Feet for Safety Act for vehicles to provide at least three feet of space when passing a bicycle to also apply when passing a motorized scooter.

Comments

1. Purpose of bill. According to the author “In order to achieve many of California’s ambitious carbon emission reduction goals, and decrease congestion, it is imperative that our citizens reduce their dependence on traditional modes of transit. This bill will promote that transformation by increasing transparency, parity, and attractiveness of all micro mobility options for consumers.”
2. Rules of the road for motorized scooters. Motorized scooters are micro mobility devices that have two wheels, handlebars, and no pedals. They often fill a similar niche to motorized bicycles. They both are smaller and more lightweight than most vehicles, but capable of operating on roads and streets to provide short-range transportation without relying on human propulsion. Despite similar uses, speeds, and weights, motorized scoters follow slightly different rules of the road than motorized bicycle. Motorized scooters are permitted in bike lanes, while motorized bicycles are only permitted to operate on bike lanes if explicitly authorized by a local authority. Motorized scooters are prohibited on streets with a speed limit greater than 25 mph (or 35 with local authorization) while motorized bicycles have no such limitation. A rider of a motorized bicycle requires a helmet, while the rider of a motorized scooter does not require a helmet if they are over the age of 18. Motorized scooters are prohibited from sidewalks, while motorized bicycles may operate on sidewalks unless forbidden by a local authority. The rider of a motorized bicycle is allowed to make a left hand turn, while the rider of a motorized scooter is required to dismount the device if they want to turn left.
3. Electric micromobility device safety. Electric bicycles, electric scooters, and other electric micromobility devices have seen increasing use in recent years. Because these vehicles can quickly achieve relatively high speeds with minimal or no physical effort, they may be particularly attractive in replacing car trips and reducing greenhouse gas emissions. In addition to increases in private purchases, electric micromobility devices have recently become available as part of rental systems that rely on GPS technology and cellular phone applications to locate, rent, and drop off devices in the public right-of-way.

As these electric micromobility devices become more common, there have been some concerns about how these devices can be safely operated. The increased speed, weight, and quiet operation of these devices compared to non-electric mobility devices may contribute to increased crash risks or more severe crashes. According to an analysis of data in the National Electronic Injury Surveillance System, accidents involving e-bikes are more likely to result in serious injuries than traditional pedal-powered bicycles; a collision while operating an e-bike is more likely to result in hospitalization, and those operating e-bikes are three times more likely to hit a pedestrian. However a 2022 Safety Research Report by the National Transportation Safety Board found several data challenges that prevent an accurate understanding of how common and likely e-scooter and e-bike fatalities and injuries are.

1. Defining the issue. The California Vehicle Code is full of definitions for different types of vehicles including motorcycles, motor-driven cycles, mopeds, motorized bicycles, and three classes of electric bicycles. Generally these definitions include thresholds based on engine size, power, or maximum achievable speeds. This helps ensure that laws that impact the use of specific types of vehicles apply to devices that generally pose similar crash risks based on speed. However, the current definition of a motorized scooter is unclear because it lacks any weight, speed, or engine limitations. While a person operating a motorized scooter is limited to driving the device at 15 mph or else they are breaking the speed limit, unlike an electric bicycle or motorized bicycle, there is no operational speed limitation. The lack of distinction on operational speed can, as a legal definition, make the device difficult to distinguish from a motorized bicycle or a motor-driven cycle if the device has a seat. This can be a problem because the rules of the road differ for these classes of devices and a peace officer may mistakenly enforce, or fail to enforce, the law due to this lack of distinction.
2. (Not) faster than a speeding bike. Some groups have raised concerns that by increasing the allowable speed for motorized scooters from 15 mph to 20 mph this bill will create safety issues by allowing heavy scooters to operate at unsafe speeds. A useful point of comparison when evaluating this concern is electric bicycles. These devices are generally heavier, faster, or quieter than their human or combustion-powered counterparts, which has raised some concerns about safety. As such the Legislature has created three classes of electric bicycles which have different restrictions on operation to recognize differential risk. In particular any electric bicycle capable of achieving speeds greater than 20 mph (a class 3 e-bike) may not be used on trails, bike paths, or bike lanes unless authorized by local authorities. A class 3 e-bike cannot be operated by anyone under the age of 16 and the operator must wear a helmet, regardless of age.

The current safety rules for motorized scooters largely align with the rules for class 1 and 2 e-bikes. Like those e-bikes a motorized scooter may operate in a bicycle lane and an operator under the age of 18 must wear a helmet. However these devices are only permitted to operate at speeds of 15 mph. This bill would only increase the allowable speed of these devices to be the same as the e-bikes they will be sharing bicycle lanes with and only while sitting down. However, speed is not the only important component in crash risk. Although electric bicycles and motorized scooters currently have no statutory weight limit, practically speaking most type 1 or type 2 e-bikes weigh currently less than 80 pounds. The e-scooters developed by the sponsors of this bill weigh 160-180 lbs, at least double the weight of an e-bike. Heavier vehicles traveling at comparable speeds will impart more force in the event of a crash, leading to more severe injuries. The lack of solid data on e-bike and motorized scooters means it is not possible to definitively say how much of a safety impact this particular difference might make. Given that the uses of motorized scooters and e-bikes are so similar it seems reasonable to establish similar speed limits. In some ways the definition of this bill may improve safety as it prevents heavier scooters being developed and used. If, in the future, more research determines a significant difference in injury risks between the two vehicle types at 20 mph the Legislature may wish to revisit this policy.

1. A passing interest. In addition to clarifying the definition of a motorized scooter, this bill requires motor vehicles provide a three-foot passing difference or slow down when passing a motorized scooter. This expands to scooters the Three Feet for Safety Act (AB 1371, Bradford, Chapter 331, Statutes of 2013) which specifies that a driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator. If the vehicle operator is not able to provide three feet of clearance when passing a cyclist, they must slow to a reasonable and prudent speed. Law enforcement officials found this rule difficult to implement as officers must make a judgement call of the distance between the vehicle and the bicycle. As a result, the Legislature passed AB 1909 (Friedman, Chapter 343, Statutes of 2022) to require vehicles to change lanes, when possible, when passing a cyclist. Requiring these passing distances will provide greater safety to vulnerable road users that more likely to be killed or severely injured in a collision.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/14/23)

Phat Scooters (source)

OPPOSITION: (Verified 8/17/23)

PeopleForBikes Coalition

ARGUMENTS IN SUPPORT: According to Phat Scooters, the sponsor of this bill, “As California moves to meet its carbon reduction goals, reduce dependence on fossil fuels and improve traffic and parking congestion, making micro mobility transportation options more appealing is imperative. Being allowed to safely move faster across all micro mobility categories will help California meet all of those mentioned goals.

“Not all scooters are designed the same way. The common, shared scooters have smaller wheels and require a user to balance standing u when they drive. AB 1447 recognizes that scooters with a more stable wheel width and a lower center of gravity with a seated option can be safely operated at 20 mph.

“California should be proud of its promotion of electric bicycles. They also help accomplish many of California’s objectives, and serve as a clean, low-impact alternative to automobiles. However, not all Californians can or are willing to operate bicycles. Older citizens and individuals with disables can or are willing to operate bicycles. Older citizens and individuals with disabilities can have difficulties performing what can be the significantly difficult task of mounting, blanking, and pedaling. Regardless of ability, bicycles are not the right fit for all transportation trips and alternatives should be encouraged.”

ARGUMENTS IN OPPOSITION: According to the PeopleForBikes Coalition “If signed into law, AB 1447 would create a new class of “motorized scooter” that would be capable of operating at speeds up to 20 miles per hour and would need to be equipped with tires that were at least 6 inches wide. PeopleForBikes feels this would be bad public policy for a number of reasons. First, this new “class” of vehicle really isn’t a class of vehicle at all. It is a single product from a single manufacturer. Rather than conform to the reasonable limitations placed upon all manufacturers and operators of motorized scooters, this manufacturer seeks to create a new legally defined class of vehicle that only its products fit into. There are no other scooter companies making a scooter with 6” wide tires. The State of California should not be asked to amend its vehicle code every time a manufacturer comes up with a new product.

“Secondly, the subject product appears to already be saleable in California. The cited aspects of the vehicle code related to electric scooters do not prohibit the sale of a scooter that can go faster than 15 miles per hour. The law simply prohibits the operation of an electric scooter in excess of 15 miles per hour. Absent a compelling case for “the need for speed” the legislature should not increase a settled speed limit and upend the expectations of the public and law enforcement by creating two different speed limits for essentially the same type of vehicle. Rather, operators of the subject electric scooters should conform their behavior to the existing law.

“Last, the subject scooter appears to be much heavier and imposing than typical electric scooters. This device can be equipped to carry golf bags, and in essence is a scooter on steroids or a two-wheeled golf cart. If passed, this bill would allow these faster and heavier devices to operate in bicycle lanes and would decrease the safety of bicyclists, shared scooter riders and other vulnerable user groups.”

ASSEMBLY FLOOR: 76-0, 5/25/23

AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Aguiar-Curry, Kalra, Mathis, Papan

Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121

8/17/23 15:06:36

**** END ****

SENATE COMMITTEE ON TRANSPORTATION

Senator Lena Gonzalez, Chair

2023 - 2024 Regular

Bill No: AB 1447 Hearing Date: 7/11/2023

SUBJECT: Vehicles: motorized scooters

DIGEST: This bill would change the definition of a motorized scooter to establish maximum heights, weights, and speeds and requires motor vehicles to provide at least three feet of distance when passing a motorized scooter.

ANALYSIS:

Existing law:

1. Defines a motorized scooter as any two-wheeled device that has handlebars, has no pedals, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric or other than electric motor. This device may also be designed to be powered by human propulsion. States that motorcycles, motor-driven cycles, motorized bicycles or mopeds are not motorized scooters (Vehicle Code (VEH) §407.5)
2. Defines a “motorcycle” as a motor vehicle having a seat or saddle for use of the rider, designed to travel on not more than three wheels in contact with the ground, unless it has a sidecar. (VEH §400)
3. Defines a “motor-driven cycle” as any motorcycle with a motor that displaces less than 150 cubic centimeters and is not a motorized bicycle. (VEH §406)
4. Defines a motorized bicycle or moped as 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 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 mph on level ground. (VEH §406.5)
5. Defines an electric bicycle as a bicycle equipped with fully operational pedals and an electric motor of less than 750 watts. Authorizes an electric bicycle to be self-propelled up to 20 mph or to provide pedal assistance up to 28 mph. (VEH §312.5)
6. Specifies that a person operating an electric bicycle does not require a driver’s license or registration, and that an electric bicycle is not a motor vehicle. (VEH §24016)
7. Requires a driver of a motorcycle or a motor driven cycle to have an M1 license, a motorized bicycle to have a class M2 license, and a motorized scooter to have a class C license. (VEH §12804.9)
8. Requires the rider of a motorcycle, motor-driven cycle, motorized bicycle or class III electric bicycle to wear a helmet. (VEH §27803 and §312.5)
9. Requires the rider of a bicycle, nonmotorized scooter, skateboard, or in-line or roller skates to wear a helmet if they are under the age of 18.
10. Requires the rider of a motorized scooter to wear a helmet if they are under the age of 18. (VEH §21235)
11. Authorizes a motorized scooter to operate on a bicycle path or trail or bikeway unless the local authority of governing body of a local agency prohibits that operation by ordinance. (VEH §21230)
12. Prohibits the operation of a motorized scooter on a highway with a speed limit in excess of 25 mph, unless a local authority by ordinance or resolution permits them on highways with a speed limit up to 35 mph. (VEH §21235)
13. Prohibits the operation of motorized scooters on a sidewalk. (VEH §21235)
14. Requires a person operating a motorized scooter to ride as close as practicable to the right-hand curb or right edge of the roadway. (VEH §21228)
15. Requires the operator of a motorized scooter, when preparing to make a left turn, to dismount the scooter as close as practicable on the right-hand curb and complete the turn by crossing the roadway on foot. (VEH §21228)
16. Requires, pursuant to the Three Feet For Safety Act, motor vehicle operators, when overtaking or passing a bicycle in the same direction, to move over a lane of traffic when possible, and if not possible, give pass the rider of a motorized scooter at a distance of at least three feet, and if not possible, slow down. (VEH §21760)

This bill:

1. Changes the definition of “motorized scooter” to mean a two- or three-wheeled device that has:
   1. Handlebars;
   2. Either a floorboard designed to be stoop upon when riding or a seat and footrests in place of the floorboard;
   3. A maximum weight of 200 pounds and width of three feet;
   4. An electric motor that ceases to provide power when the scooter achieves 20 miles per hour or another non-electrical source of power.
2. Excludes motorcycles, motor-driven cycles, or a motorized bicycle or moped from the definition of motorized scooters.
3. Establishes that a person shall not operate a motorized scooter at a speed in excess of 15 mph while standing up or in excess of 20 mph while sitting down.
4. Expands the requirement of the Three Feet for Safety Act for vehicles to provide at least three feet of space when passing a bicycle to also apply when passing a motorized scooter.

COMMENTS:

1. Purpose of bill. According to the author “In order to achieve many of California’s ambitious carbon emission reduction goals, and decrease congestion, it is imperative that our citizens reduce their dependence on traditional modes of transit. This bill will promote that transformation by increasing transparency, parity, and attractiveness of all micro mobility options for consumers.”
2. Rules of the road for motorized scooters. Motorized scooters are micro mobility devices that have two wheels, handlebars, and no pedals. They often fill a similar niche to motorized bicycles. They both are smaller and more lightweight than most vehicles, but capable of operating on roads and streets to provide short-range transportation without relying on human propulsion. Despite similar uses, speeds, and weights, motorized scoters follow slightly different rules of the road than motorized bicycle. Motorized scooters are permitted in bike lanes, while motorized bicycles are only permitted to operate on bike lanes if explicitly authorized by a local authority. Motorized scooters are prohibited on streets with a speed limit greater than 25 mph (or 35 with local authorization) while motorized bicycles have no such limitation. A rider of a motorized bicycle requires a helmet, while the rider of a motorized scooter does not require a helmet if they are over the age of 18. Motorized scooters are prohibited from sidewalks, while motorized bicycles may operate on sidewalks unless forbidden by a local authority. The rider of a motorized bicycle is allowed to make a left hand turn, while the rider of a motorized scooter is required to dismount the device if they want to turn left.
3. Electric micromobility device safety. Electric bicycles, electric scooters, and other electric micromobility devices have seen increasing use in recent years. Because these vehicles can quickly achieve relatively high speeds with minimal or no physical effort, they may be particularly attractive in replacing car trips and reducing greenhouse gas emissions. In addition to increases in private purchases, electric micromobility devices have recently become available as part of rental systems that rely on GPS technology and cellular phone applications to locate, rent, and drop off devices in the public right-of-way.

As these electric micromobility devices become more common, there have been some concerns about how these devices can be safely operated. The increased speed, weight, and quiet operation of these devices compared to non-electric mobility devices may contribute to increased crash risks or more severe crashes. According to an analysis of data in the National Electronic Injury Surveillance System, accidents involving e-bikes are more likely to result in serious injuries than traditional pedal-powered bicycles; a collision while operating an e-bike is more likely to result in hospitalization, and those operating e-bikes are three times more likely to hit a pedestrian. However a 2022 Safety Research Report by the National Transportation Safety Board found several data challenges that prevent an accurate understanding of how common and likely e-scooter and e-bike fatalities and injuries are.

1. Defining the issue. The California Vehicle Code is full of definitions for different types of vehicles including motorcycles, motor-driven cycles, mopeds, motorized bicycles, and three classes of electric bicycles. Generally these definitions include thresholds based on engine size, power, or maximum achievable speeds. This helps ensure that laws that impact the use of specific types of vehicles apply to devices that generally pose similar crash risks based on speed. However, the current definition of a motorized scooter is unclear because it lacks any weight, speed, or engine limitations. While a person operating a motorized scooter is limited to driving the device at 15 mph or else they are breaking the speed limit, unlike an electric bicycle or motorized bicycle, there is no operational speed limitation. The lack of distinction on operational speed can, as a legal definition, make the device difficult to distinguish from a motorized bicycle or a motor-driven cycle if the device has a seat. This can be a problem because the rules of the road differ for these classes of devices and a peace officer may mistakenly enforce, or fail to enforce, the law due to this lack of distinction.
2. (Not) faster than a speeding bike. Some groups have raised concerns that by increasing the allowable speed for motorized scooters from 15 mph to 20 mph this bill will create safety issues by allowing heavy scooters to operate at unsafe speeds. A useful point of comparison when evaluating this concern is electric bicycles. These devices are generally heavier, faster, or quieter than their human or combustion-powered counterparts, which has raised some concerns about safety. As such the Legislature has created three classes of electric bicycles which have different restrictions on operation to recognize differential risk. In particular any electric bicycle capable of achieving speeds greater than 20 mph (a class 3 e-bike) may not be used on trails, bike paths, or bike lanes unless authorized by local authorities. A class 3 e-bike cannot be operated by anyone under the age of 16 and the operator must wear a helmet, regardless of age.

The current safety rules for motorized scooters largely align with the rules for class 1 and 2 e-bikes. Like those e-bikes a motorized scooter may operate in a bicycle lane and an operator under the age of 18 must wear a helmet. However these devices are only permitted to operate at speeds of 15 mph. This bill would only increase the allowable speed of these devices to be the same as the e-bikes they will be sharing bicycle lanes with and only while sitting down. However, speed is not the only important component in crash risk. Although electric bicycles and motorized scooters currently have no statutory weight limit, practically speaking most type 1 or type 2 e-bikes weigh currently less than 80 pounds. The e-scooters developed by the sponsors of this bill weigh 160-180 lbs, at least double the weight of an e-bike. Heavier vehicles traveling at comparable speeds will impart more force in the event of a crash, leading to more severe injuries. The lack of solid data on e-bike and motorized scooters means it is not possible to definitively say how much of a safety impact this particular difference might make. Given that the uses of motorized scooters and e-bikes are so similar it seems reasonable to establish similar speed limits. In some ways the definition of this bill may improve safety as it prevents heavier scooters being developed and used. If, in the future, more research determines a significant difference in injury risks between the two vehicle types at 20 mph the Legislature may wish to revisit this policy.

1. A passing interest. In addition to clarifying the definition of a motorized scooter, this bill requires motor vehicles provide a three foot passing difference or slow down when passing a motorized scooter. This expands to scooters the Three Feet for Safety Act [AB 1371 (Bradford), Chapter 331, Statutes of 2013] which specifies that a driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator. If the vehicle operator is not able to provide three feet of clearance when passing a cyclist, they must slow to a reasonable and prudent speed. Law enforcement officials found this rule difficult to implement as officers must make a judgement call of the distance between the vehicle and the bicycle. As a result, the Legislature passed AB 1909 (Friedman), Chapter 343, Statutes of 2022 to require vehicles to change lanes, when possible, when passing a cyclist. Requiring these passing distances will provide greater safety to vulnerable road users that more likely to be killed or severely injured in a collision.

Related Legislation:

AB 1909 (Friedman, Chapter 343, Statutes of 2022) removed the requirement for riders of a class III electric bicycle to have local approval to ride in a bicycle lane and required motor vehicles to change lanes, if possible, when passing a bicyclist.

AB 2989 (Flora, Chapter 552, Statutes of 2018) removed the requirement to have a helmet while operating a motorized scooter unless they are under the age of 18, and permits local authorities to authorize the operation of motorized scooters on roads with speed limits up to 35 miles per hour (mph) outside of a Class II or Class IV bikeway.

AB 604 (Olsen, Chapter 777, Statutes of 2015) defined “electrically motorized skateboards” and required these devices to meet certain operational requirements.

AB 1096 (Chiu, Chapter 568, Statutes of 2015) defined electric bicycle and created 3 class definitions. Banned class 3 bicycles from a bicycle path or trail, equestrian trail, or hiking or recreational trail and allows local jurisdictions to limit operation of Class 1 and 2 electric bicycles on a bicycle path or trail, equestrian trail, or hiking or recreational trail.

AB 1371 (Bradford, Chapter 331, Statutes of 2013) specifies that a driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Assembly Appropriations Committee this bill will have no state costs.

POSITIONS: (Communicated to the committee before noon on Wednesday,

July 5^th.)

SUPPORT:

Phat Scooters (sponsor)

OPPOSITION:

LYFT

PeopleForBikes Coalition

ARGUMENTS IN SUPPORT: According to Phat Scooters, the sponsors of the bill, “As California moves to meet its carbon reduction goals, reduce dependence on fossil fuels and improve traffic and parking congestion, making micro mobility transportation options more appealing is imperative. Being allowed to safely move faster across all micro mobility categories will help California meet all of those mentioned goals.

Not all scooters are designed the same way. The common, shared scooters have smaller wheels and require a user to balance standing u when they drive. AB 1447 recognizes that scooters with a more stable wheel width and a lower center of gravity with a seated option can be safely operated at 20 mph.

California should be proud of its promotion of electric bicycles. They also help accomplish many of California’s objectives, and serve as a clean, low-impact alternative to automobiles. However, not all Californians can or are willing to operate bicycles. Older citizens and individuals with disables can or are willing to operate bicycles. Older citizens and individuals with disabilities can have difficulties performing what can be the significantly difficult task of mounting, blanking, and pedaling. Regardless of ability, bicycles are not the right fit for all transportation trips and alternatives should be encouraged”

ARGUMENTS IN OPPOSITION: According to the PeopleForBikes Coalition “If signed into law, AB 1447 would create a new class of “motorized scooter” that would be capable of operating at speeds up to 20 miles per hour and would need to be equipped with tires that were at least 6 inches wide. PeopleForBikes feels this would be bad public policy for a number of reasons. First, this new “class” of vehicle really isn’t a class of vehicle at all. It is a single product from a single manufacturer. Rather than conform to the reasonable limitations placed upon all manufacturers and operators of motorized scooters, this manufacturer seeks to create a new legally defined class of vehicle that only its products fit into. There are no other scooter companies making a scooter with 6” wide tires. The State of California should not be asked to amend its vehicle code every time a manufacturer comes up with a new product.

Secondly, the subject product appears to already be saleable in California. The cited aspects of the vehicle code related to electric scooters do not prohibit the sale of a scooter that can go faster than 15 miles per hour. The law simply prohibits the operation of an electric scooter in excess of 15 miles per hour. Absent a compelling case for “the need for speed” the legislature should not increase a settled speed limit and upend the expectations of the public and law enforcement by creating two different speed limits for essentially the same type of vehicle. Rather, operators of the subject electric scooters should conform their behavior to the existing law.

Last, the subject scooter appears to be much heavier and imposing than typical electric scooters. This device can be equipped to carry golf bags, and in essence is a scooter on steroids or a two-wheeled golf cart. If passed, this bill would allow these faster and heavier devices to operate in bicycle lanes and would decrease the safety of bicyclists, shared scooter riders and other vulnerable user groups.”

-- END --

Date of Hearing: May 17, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1447

Author:(Flora) – As Amended Ver:April 17, 2023

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill replaces the existing legal definition of “motorized scooter” and, instead defines a motorized scooter as a two- or three-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, has a maximum weight of 200 pounds and maximum width of four feet, and is powered by an electric motor, or another power source, that ceases to provide power when the scooter achieves 20 miles per hour. The bill specifies that a motorized scooter may also be designed to be powered by human propulsion.

FISCAL EFFECT:

No state costs.

COMMENTS:

Motorized personal transport is popular, enabled, oftentimes, by app-based technology. There are many types of such motorized transport, including what most people refer to as “scooters.” People may believe they know a scooter when they see one, but, legally speaking statute defines what a “motorized scooter” is:

A “motorized scooter” is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. This device may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter.

(b) A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter. (Vehicle Code section 407.5.)

As statute makes clear, a motorized scooter has certain characteristics. And a motorized scooter is not a motorcycle, a motor-driven cycle, a motorized bicycle or a moped.

It can be difficult to distinguish between a motorized scooter and a moped, motorized bicycle and other types of motorized personal transport based on the characteristics of each, but there are some key practical differences between some of the laws governing motorized scooters and at least some of those other types of transport. First of all, a person does not need driver’s license to operate a motorized scooter, whereas the operator of a motorcycle, motor-driven cycle or a moped must have driver’s license. In addition, existing statute allows the operator of an electric scooter to travel at a speed of no more than 15 miles per hour, whereas other types of personal transport, generally, are not subject to blanket speed limits, though a moped, by definition, cannot exceed 30 miles per hour.

So, is it a motorized scooter? Or, is it a moped? Or something else. This bill modifies the definition of electric scooter by specifying a maximum weight (200 pounds), a maximum width (four feet) and a maximum speed (20 miles per hour). (The bill leaves unchanged statute that designates 15 miles per hour as the speed a motorized scooter may legally travel). The practical effect seems to be to ensure a personal vehicle that matches the statutory definition of an electric scooter may be operated by a person without a driver’s license and in bike lanes.

Phat Scooter, the maker of personal vehicles likely to meet the bill’s definition of motorized scooter, writes in support of the bill, “The goal of the bill has been to treat electric scooters more similarly to electric bicycles.” This goal leads advocacy organization People for Bikes to warn “this bill would decrease the safety of bicyclists, shared scooter riders and other vulnerable user groups by permitting larger and faster electric scooters to operate within bicycle lanes and on roadways without demonstrable benefit to the public.”

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2023

ASSEMBLY COMMITTEE ON TRANSPORTATION

Laura Friedman, Chair

ABPCA Bill Id:AB 1447 (

Author:Flora) – As Amended Ver:March 20, 2023

SUBJECT: Vehicles: motorized scooters

SUMMARY: Sets a 20 mile per hour (mph) speed limitation on motorized scooters, authorizes individuals seated on a motorized scooter to travel at a speed of 20 mph, and limits the speed to 15 mph while standing. Specifically, this bill:

1. Places a weight restriction of 200 pounds (lbs.) and a maximum width of four feet for motorized scooters.
2. Authorizes a motorized scooter to have three wheels.
3. Requires motor vehicle operators, when overtaking or passing a motorized scooter in the same direction, to move over a lane of traffic when possible, and if not possible, pass the motorized scooter at a distance of at least three feet, and if not possible, slow down.

EXISTING LAW:

1. Defines a motorized scooter as any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric or other than electric motor. This device may also be designed to be powered by human propulsion. States that motorcycles, motor-driven cycles, motorized bicycles or mopeds are not motorized scooters (Vehicle Code (VEH) 407.5)
2. Defines a “motorcycle” as a motor vehicle having a seat or saddle for use of the rider, designed to travel on not more than three wheels in contact with the ground, unless it has a sidecar. (VEH 400)
3. Defines a “motor-driven cycle” as any motorcycle with a motor that displaces less than 150 cubic centimeters and is not a motorized bicycle. (VEH 406)
4. Defines a motorized bicycle or moped as 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 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 mph on level ground. (VEH 406.5)
5. Defines an electric bicycle as a bicycle equipped with fully operational pedals and an electric motor of less than 750 watts. Authorizes an electric bicycle to be self-propelled up to 20 mph or to provide pedal assistance up to 28 mph. (VEH 312.5)
6. Specifies that a person operating an electric bicycle does not require a driver’s license or registration, and that an electric bicycle is not a motor vehicle. (VEH 24016)
7. Requires a driver of a motorcycle or a motor driven cycle to have an M1 license, a motorized bicycle to have a class M2 license, and a motorized scooter to have a class C license. (VEH 12804.9)
8. Requires the rider of a motorcycle, motor-driven cycle, motorized bicycle or class III electric bicycle to wear a helmet. (VEH 27803 and VEH 312.5)
9. Requires the rider of a motorized scooter to wear a helmet if they are under 18. (VEH 21235)
10. Authorizes a motorized scooter to operate on a bicycle path or trail or bikeway unless the local authority of governing body of a local agency prohibits that operation by ordinance. (VEH 21230)
11. Prohibits the operation of a motorized scooter on a highway with a speed limit in excess of 25 mph, unless a local authority by ordinance or resolution permits them on highways with a speed limit up to 35 mph. (VEH 21235)
12. Prohibits the operation of motorized scooters on a sidewalk. (VEH 21235)
13. Requires a person operating a motorized scooter to ride as close as practicable to the right-hand curb or right edge of the roadway. (VEH 21228)
14. Requires the operator of a motorized scooter, when preparing to make a left turn, to dismount the scooter as close as practicable on the right-hand curb and complete the turn by crossing the roadway on foot. (VEH 21228)
15. Requires motor vehicle operators, when overtaking or passing a bicycle in the same direction, to move over a lane of traffic when possible, and if not possible, give pass the rider of a motorized scooter at a distance of at least three feet, and if not possible, slow down. (VEH 21760)

FISCAL EFFECT: Unknown

COMMENTS: The current definition of a motorized scooter in California law is unclear. Mopeds, motorized bicycles, electric bicycles and motor-driven cycles are typically defined by their engine size or speed limitations. However, motorized scooters are defined as simply requiring two wheels, handlebars, either a floorboard designed to be stood upon or a seat and footrests in place of the floorboard. Motorized scooters have no weight limitations, no engine size limitations, or speed limitations. While a person operating a motorized scooter is limited to driving the device at 15 mph or else they are breaking the speed limit, unlike an electric bicycle or motorized bicycle, there is no operational speed limitation. The lack of distinction on operational speed can, as a legal definition, make the device difficult to distinguish from a motorized bicycle if the device has a seat.

The definition of motorized scooter in this bill is similar to the Society of Automotive Engineers (SAE) J3194 NOV 2019 standard for micromobility vehicles. SAE J3194 NOV 2019 defines a low speed, ultra-lightweight, standard-width scooter as device as one that has a top speed of 20 mph, that has a curb weight of less than or equal to 200 lbs., and are less than 4 feet wide. This bill codifies that definition.

According to the author, “In order to achieve many of California’s ambitious carbon emission reduction goals, and decrease congestion, it is imperative that our citizens reduce their dependence on traditional modes of transit. This bill will promote that transformation by increasing transparency, parity, and attractiveness of all micro mobility options for consumers.”

The lack of distinction between a seated motorized scooter and a moped creates legal confusion for users of such a device. Motorized scooters require a standard driver’s license, while motorized bicycles, which can be two or three wheel devices with no pedals capable of going up to 30 mph, require Class M2 license. AM2 license allows a rider to operate any motorized bicycle, moped, or motorized scooter.

Motorized scooters are permitted in bike lanes, while motorized bicycles are only permitted to operate on bike lanes if explicitly authorized by a local authority. Motorized scooters are prohibited on streets with a speed limit greater than 25 mph. Motorized bicycles have no such limitation. A rider of a motorized bicycle requires a helmet, while the rider of a motorized scooter does not require a helmet if they are over the age of 18. A person riding an electric bicycle seated is allowed to go 20 mph on self-propulsion and has to follow the speed limit on the road, but if you remove the pedals and are seated the device becomes a motorized scooter with a 15 mph speed limit regardless of the road’s speed limit. The rider of a motorized bicycle is allowed to make a left hand turn, while the rider of a motorized scooter is required to dismount the device if they want to turn left.

Lyft, writing in opposition to this bill, argues “this bill will decrease the safety of bicyclists and shared scooter riders, as well as other vulnerable groups such as those using adaptive bicycles or assistive mobility devices, by permitting larger, faster, unregulated private devices to operate within bicycle lanes. Both California state law and the city permits which govern the operation of shared scooter fleets have deemed 15MPH the acceptable speed and no shared micromobility operator opposes this limit.”

In addition to clarifying the definition of a motorized scooter, this bill requires motor vehicles provide a three foot passing difference or slow down when passing a motorized scooter. This expands to scooters the Three Feet for Safety Act [AB 1371 (Bradford), Chapter 331, Statutes of 2013] which specifies that a driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator. If the vehicle operator is not able to provide three feet of clearance when passing a cyclist, they must slow to a reasonable and prudent speed. Law enforcement officials found this rule difficult to implement as officers must make a judgement call of the distance between the vehicle and the bicycle. As a result, the Legislature passed AB 1909 (Friedman), Chapter 343, Statutes of 2022 to require vehicles to change lanes, when possible, when passing a cyclist. Requiring these passing distances will provide greater safety to vulnerable road users that more likely to be killed or severely injured in a collision.

Committee comments: It is unclear how this bill would decrease the safety of bicyclists and shared scooter riders as stated by the opposition, and with the requirement for motor vehicles to change lanes when passing a motorized scooter it may enhance rider safety.

The device the sponsor of the bill sells is arguably legally a motorized scooter. It has handlebars, a floorboard and is electric powered. This bill simply allows a person riding the device, or any other seated motorized scooter, to go 5 mph faster than current law allows on the road without breaking the speed limit. This change would make the maximum speed a motorized scooter can operate at the same speed as an electric bicycle is authorized to operate when self-propelled.

This bill clarifies the legal definition of a motorized scooter by making distinctions between a motorized bicycle and an electric scooter. By adding a 20 mph operational limit, it will be clear that a device capable of traveling self-propelled between 20 mph and 30 mph or a device greater than 200 pounds is a motorized bicycle, and not a motorized scooter. Without these changes, it is unclear when a device is a seated motorized scooter versus a motorized bicycle unless the device has three wheels, in which case it is legally a motorized bicycle. This lack of clarity could result in an individual who an officer believes is riding a motorized bicycle and not a motorized scooter being ticketed for multiple offenses, including lacking vehicle registration, lacking the proper driver’s license, and lacking a helmet.

This bill would clarify the definition of motorized scooters to permit three wheels. Three wheeled motorized scooters have been developed by various scooter companies for individuals with disabilities that do not have the ability to stand on a motorized scooter or balance a two wheeled seated device. As a result, individuals with disabilities are inadvertently breaking the law while riding one of these devices if they lack an M2 license, are not wearing a helmet and failed to register the device.

Previous Legislation:

AB 1909 (Friedman), Chapter 343, Statutes of 2022 removed the requirement for riders of a class III electric bicycle to have local approval to ride in a bicycle lane and required motor vehicles to change lanes, if possible, when passing a bicyclist.

AB 2989 (Flora), Chapter 552, Statutes of 2018 removed the requirement to have a helmet while operating a motorized scooter unless they are under the age of 18, and permits local authorities to authorize the operation of motorized scooters on roads with speed limits up to 35 miles per hour (mph) outside of a Class II or Class IV bikeway.

AB 604 (Olsen), Chapter 777, Statutes of 2015 defined “electrically motorized skateboards” and required these devices to meet certain operational requirements.

AB 1096 (Chiu) Chapter 568, Statutes of 2015 defined electric bicycle and created 3 class definitions. Banned class 3 bicycles from a bicycle path or trail, equestrian trail, or hiking or recreational trail and allows local jurisdictions to limit operation of Class 1 and 2 electric bicycles on a bicycle path or trail, equestrian trail, or hiking or recreational trail.

AB 1371 (Bradford), Chapter 331, Statutes of 2013 specifies that a driver of a motor vehicle shall not overtake or pass a bicycle proceeding in the same direction on a highway at a distance of less than three feet between any part of the motor vehicle and any part of the bicycle or its operator.

REGISTERED SUPPORT / OPPOSITION:

Support

Phat Scooters

Opposition

LYFT

PeopleForBikes Coalition

Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093