Today's Law As Amended

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AB-875 Low-speed electric bicycles.(2015-2016)



SECTION 1.

 Section 406 of the Vehicle Code is amended to read:

406.
 (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 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) A “low-speed electric bicycle” is a two-wheeled or three-wheeled device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:
(1) Has a power output of not more than 750 watts (1 hp).
(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on a paved level surface, when ridden by an operator who weighs 170 pounds.
(3) Is incapable of further increasing the speed of the device when human power is used to propel the device faster than 20 miles per hour.
(4) Has a weight of not more than 80 pounds.
(b) (5)  Every manufacturer of a motorized bicycle or moped,  low-speed electric bicycles,  as defined in this section, subdivision,  shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles 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: 
(c) The disclosure required under paragraph (5) of subdivision (b) 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.

 Section 21207.5 of the Vehicle Code is amended to read:

21207.5.
 (a)  Notwithstanding Sections 21207 and 23127 of this code,  23127,  or any other provision of  law, a motorized bicycle or class 3 electric bicycle  bicycle, other than a low-speed electric bicycle as defined in subdivision (b) of Section 406,  shall not be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over the that  path or trail permits, by ordinance, that operation.
(b) The local authority or governing body of a public agency having jurisdiction over a bicycle path or trail, equestrian trail, or hiking or recreational trail, may prohibit, by ordinance, the operation of a class 1 or class 2 electric bicycle on that path or trail.

SEC. 3.

 Section 24016 of the Vehicle Code is amended to read:

24016.
 (a) An  A low-speed  electric bicycle described in subdivision (a) (b)  of Section 312.5 406  shall meet the following criteria:
(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the United States  Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.). seq.) or the requirements adopted by the National Highway Traffic Safety Administration (49 C.F.R. 571.1, et seq.) in accordance with the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec. 1381, et seq.) for motor driven cycles. 
(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated,  released,  will cause the electric motor to disengage or cease to function.
(b) All of the following apply to a low-speed electric bicycle described in subdivision (b) of Section 406:
(1) A person shall not operate a low-speed electric bicycle unless the person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212.
(2) A person operating a low-speed electric bicycle is subject to Sections 21200 and 21200.5.
(b) (3)  A person operating an  a low-speed  electric bicycle is not subject to the provisions of this code relating to financial responsibility, driver’s licenses, registration, and license plate requirements, and an  a low-speed  electric bicycle is not a motor vehicle.
(4) A low-speed electric bicycle shall only be operated by a person 16 years of age or older.
(c) (5)  Every manufacturer of an  a low-speed  electric bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the United States  Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
(d) (c)  A person shall not tamper with or modify an  a low-speed  electric bicycle described in subdivision (a) (b)  of Section 312.5 406  so as to change increase  the speed capability of the bicycle, unless he or she appropriately replaces the label indicating the classification required in subdivision (c) of Section 312.5. bicycle.