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AB-1286 Shared mobility devices: agreements.(2019-2020)

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Date Published: 04/08/2019 09:00 PM
AB1286:v98#DOCUMENT

Amended  IN  Assembly  April 08, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1286


Introduced by Assembly Member Muratsuchi

February 21, 2019


An act to add Title 10.1 (commencing with Section 2505) to Part 4 of Division 3 of the Civil Code, relating to mobility devices.


LEGISLATIVE COUNSEL'S DIGEST


AB 1286, as amended, Muratsuchi. Shared mobility devices: agreements agreements.
Existing law regulates contracts for particular transactions, including those in which one person agrees to give to another person the temporary possession and use of personal property, other than money for reward, and the latter agrees to return the property to the former at a future time.
This bill would require a shared mobility service provider, as defined, to enter into an agreement with with, or obtain a permit from, the city or county with jurisdiction over the area of use that requires use. The bill would require that the provider to maintain a specified amount of general liability insurance and prohibits would prohibit the provider from including specified provisions in a user agreement before distributing a shared mobility device within that jurisdiction. The bill would define shared mobility device to mean a motorized scooter, bike, skateboard, or other device. The an electronically motorized board, motorized scooter, electric bicycle, bicycle, motorized skateboard, or other personal transportation device that is not a motor vehicle.
This bill would require a city or county to adopt operation, parking, maintenance, and safety rules regarding the use of the shared mobility devices in its jurisdiction before the shared mobility service provider may offer shared mobility devices for rent or use.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Title 10.1 (commencing with Section 2505) is added to Part 4 of Division 3 of the Civil Code, to read:

TITLE 10.1. Shared Mobility Devices

2505.
 (a) For purposes of this title:

(1)“Shared mobility device” means a motorized scooter, bike, skateboard, or other device.

(2)“Shared mobility service provider” or “provider” means a person or entity that provides a shared mobility device for rent through a digital platform.

(1) “Shared mobility device” means an electronically motorized board as defined in Section 313.5 of the Vehicle Code, motorized scooter as defined in Section 407.5 of the Vehicle Code, electric bicycle as defined in Section 312.5 of the Vehicle Code, bicycle as defined in Section 231 of the Vehicle Code, motorized skateboard, or other personal transportation device that is not a motor vehicle as defined by Section 415 of the Vehicle Code, that is made available to the public by a shared mobility service provider for shared use and transportation in exchange for financial compensation via a digital application or other electronic or digital platform.
(2) “Shared mobility service provider” or “provider” means a person or entity that offers, makes available, or provides a shared mobility device in exchange for financial compensation or membership via a digital application or other electronic or digital platform.
(b) Before distribution of a shared mobility device, a shared mobility service provider shall enter into an agreement with with, or obtain a permit from, the city or county with jurisdiction over the area of use that, use. The agreement or permit shall, at a minimum, meets require that the provider comply with both of the following requirements:
(1) Requires the shared mobility service provider to maintain general liability insurance that covers liabilities incurred by the shared mobility service provider and a shared mobility device user with a policy limit of at least five million dollars ($5,000,000) each occurrence for bodily injury and property damage, including contractual liability, personal injury, and products and completed operations. The general liability insurance shall not exclude coverage for injuries or damages caused by the shared mobility service provider to the shared mobility devise user. a policy of insurance, with a carrier admitted in California, that covers liabilities incurred by the shared mobility service provider and a shared mobility device user, with limits not less than five million dollars ($5,000,000) for each occurrence for bodily injury or property damage, including contractual liability, personal injury, and product liability and completed operations. The insurance shall not exclude coverage for injuries or damages caused by the shared mobility service provider to the shared mobility device user.
(2) The shared mobility provider agreement between the provider and a user shall not contain a provision by which the user waives, releases, or in any way limits their legal rights, remedies, or forum under the agreement.
(c) (1) Before the shared mobility service provider offers any shared mobility device for rent or use, the city or county with jurisdiction over the area of use shall adopt operation, parking, maintenance, and safety rules regarding the use of the shared mobility devices.
(2) The shared mobility service shall comply with all operation, parking, maintenance, and safety rules established pursuant to paragraph (1).
(d) A city or county may adopt any other provision it deems necessary for public safety and health that are Nothing in this section shall prohibit a city or county from adopting any ordinance or regulation that is not inconsistent with this title.

SEC. 2.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.