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AB-1939 Pedicabs: electric bicycles.(2019-2020)

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Date Published: 01/16/2020 09:00 PM
AB1939:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1939


Introduced by Assembly Member Gonzalez

January 16, 2020


An act to amend Section 467.5 of the Vehicle Code, relating to vehicles.


LEGISLATIVE COUNSEL'S DIGEST


AB 1939, as introduced, Gonzalez. Pedicabs: electric bicycles.
Existing law generally regulates the operation of bicycles, including, among other things, providing that a person operating a bicycle on the highway has all the rights and is subject to all the provisions applicable to the driver of a vehicle. These provisions also apply to a pedicab, defined, among other things, as a bicycle with 3 or more wheels that is capable of transporting passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire. A violation of the Vehicle Code provisions regulating the operation of a bicycle or pedicab is an infraction.
This bill would expand the definition of a pedicab to include electric bicycles. Because a violation of these provisions is a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
The bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 467.5 of the Vehicle Code is amended to read:

467.5.
 “Pedicab” means any of the following:
(a) A bicycle or electric bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is being used for transporting passengers for hire.
(b) A bicycle or electric bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that is operated by a person, and that is being used for transporting passengers for hire.
(c) A four-wheeled device that is primarily or exclusively pedal-powered, has a seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is being used for transporting passengers for hire. A pedicab defined under this subdivision is subject to the requirements of Article 4.5 (commencing with Section 21215) of Chapter 1 of Division 11.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.