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AB-326 Vehicles: motorized carrying devices.(2019-2020)

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Date Published: 03/27/2019 09:00 PM
AB326:v97#DOCUMENT

Amended  IN  Assembly  March 27, 2019
Amended  IN  Assembly  March 19, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 326


Introduced by Assembly Member Muratsuchi

January 30, 2019


An act to add Section 406.5 to, and to add Article 8 (commencing with Section 21300) to Chapter 1 of Division 11 of, the Vehicle Code, relating to motorized carrying devices.


LEGISLATIVE COUNSEL'S DIGEST


AB 326, as amended, Muratsuchi. Vehicles: motorized carrying devices.
Existing law generally regulates the operation of vehicles. Existing law prohibits a local authority from enacting any law on a matter covered by the existing state law regulating the operation of vehicles.
Existing law regulates the operation of certain special vehicles vehicles, including electric personal assistive mobility devices and electrically motorized boards. Existing law authorizes a local government to regulate the operation on a sidewalk of certain other vehicles, including bicycles, roller skates, and electric carts. Existing law prohibits a person from obstructing a sidewalk.
This bill would define a motorized carrying device and to mean an electric-powered self-propelled device that does not transport a person, but is designed to transport a person’s property, and is controlled by a person in the immediate vicinity of the device, either actively, or passively by means of wireless tethering. The bill would authorize the use of a motorized carrying device, in accordance with specified rules, on sidewalks and crosswalks. A violation of those rules would be an infraction.
By creating a new infraction, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 406.5 is added to the Vehicle Code, to read:

406.5.
 A “motorized carrying device” is an electric-powered self-propelled device that does not transport a person, but is designed to transport a person’s property, and is controlled by a person in the immediate vicinity of the device, either actively, or passively by means of wireless tethering.

SEC. 2.

 Article 8 (commencing with Section 21300) is added to Chapter 1 of Division 11 of the Vehicle Code, to read:
Article  8. Operation of Motorized Carrying Devices

21300.
 For the purposes of this article, a motorized carrying device means a vehicle defined in Section 406.5.

21301.
 (a) A motorized carrying device is not subject to the provisions applicable to a motor vehicle, and the operator of a motorized carrying device is not subject to the provisions applicable to the driver of a motor vehicle or other vehicle, when applicable, by this code or any other code.
(b) The provisions of this code applicable to a pedestrian, except when in conflict with this article or when, by their nature can have no application, shall apply to a motorized carrying device and to a person operating a motorized carrying device, as to the device in that person’s active or passive control.

21302.
 (a) A motorized carrying device may be operated on a sidewalk or crosswalk in accordance with this article.
(b) A motorized carrying device shall not be larger than an average person nor occupy a space larger than the space an average person occupies, and shall not exceed an unladen weight of 85 pounds.

21303.
 (a) A person operating a motorized carrying device shall be in the immediate vicinity of the device and actively monitor the device at all times. This section does not require a person to maintain unbroken visual contact with the device, but does require a person to be actively aware of the path of travel of the device.
(b) A person operating a motorized carrying device shall ensure that the device yields the right of way to any pedestrian or operator of a bicycle or any personal assistive mobility device on the sidewalk or in a crosswalk.

21304.
 A person operating a motorized carrying device shall not do any of the following:
(a) Allow the device to operate in violation of any pedestrian sign or signal.
(b) Allow the device to unreasonably interfere with any pedestrian or vehicular traffic.
(c) Allow the device to travel at a rate of speed in excess of 12.5 eight miles per hour.
(d) Operate the device at a distance of more than 10 feet from the person.

(d)

(e) Operate the device upon a highway, except on a sidewalk, in a crosswalk, or when otherwise lawfully crossing a highway.

(e)

(f) Transport any hazardous material using the device.

21305.
 Every motorized carrying device shall be equipped with a braking system that does all of the following:
(a) Allows the vehicle to come to a controlled and complete stop.
(b) Can be activated by the person operating the device.
(c) Is automatically activated if the device loses contact with the person operating the device.

21306.
 A motorized carrying device operating during darkness upon a highway or a sidewalk shall be equipped with all of the following:
(a) A lamp emitting a white light that, while the motorized carrying device is in motion, illuminates the highway or sidewalk in front of the motorized carrying device and is visible from a distance of 300 feet in front and from the sides of the motorized carrying device.
(b) A red reflector or a solid or flashing red light with a built-in reflector on the rear shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
(c) A white or yellow reflector on each side of the motorized carrying device that is visible from the front and rear of the motorized carrying device from a distance of 200 feet.

21306.21307.
 Any violation of this article shall be punished as an infraction.

SEC. 3.

 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.