Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-1447 Vehicles: motorized scooters.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 407.5 of the Vehicle Code is amended to read:

407.5.
 (a) A “motorized scooter” is any two-wheeled  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, and  has a maximum weight of 200 pounds and maximum width of three feet, and  is powered by an electric motor.  motor that ceases to provide power when the scooter achieves 20 miles per hour.  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.
(c) (1) A manufacturer of motorized scooters with a vehicle weight of 50 pounds or greater, manufactured on or after January 1, 2024, shall apply a sticker to the scooter certifying it is capable of achieving the following braking requirements:
(A) A motorized scooter capable of an equivalent ground speed of 15 miles per hour or greater shall stop from an actual test speed of 15 miles per hour within a distance of 15 feet.
(B) A motorized scooter with a maximum equivalent ground speed of less than 15 miles per hour shall stop from an actual test speed of that maximum speed within a distance of 15 feet.
(2) The testing procedure to demonstrate adherence to the requirements established in paragraph (1) shall be as follows:
(A) The motorized scooter shall be ridden over a dry, clean, smooth paved test course free from protruding aggregate.
(B) The rider shall remain in the normal riding position throughout the test.
(C) 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 test speed required by paragraph (1) by 1 mile per hour.
(D) Four test runs are required. The stopping distance shall be determined by averaging the results of the four test runs.
(E) The stopping distances specified are based on a rider test weight of a minimum of 150 pounds.
(c) (d)  (1) A manufacturer of motorized scooters shall provide a disclosure to buyers that advises buyers that the buyers’ existing insurance policies may not provide coverage for these scooters and that the buyers should contact their insurance company or insurance agent to determine if coverage is provided.
(2) The disclosure required under paragraph (1) shall meet both of the following requirements:
(A) 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.
(B) The disclosure shall include the following language in capital letters:
“YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”
(d) (e)  (1) A manufacturer of motorized scooters shall provide a disclosure to a buyer that advises the buyer that the buyer may not modify or alter the exhaust system to cause that system to amplify or create an excessive noise, or to fail to meet applicable emission requirements.
(2) The disclosure required under paragraph (1) shall meet both of the following requirements:
(A) 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.
(B) The disclosure shall include the following language in capital letters:

“YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE SECTION 21226, OR TO FAIL TO MEET APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156.”

SEC. 2.

 Section 21235 of the Vehicle Code is amended to read:

21235.
 The operator of a motorized scooter shall not do any of the following:
(a) Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.
(b) Operate a motorized scooter, manufactured on or after January 1, 2024, with a vehicle weight of 50 pounds or greater, that does not contain a manufacturer’s sticker certifying the braking requirements from Section 407.5.
(c) Operate a motorized scooter capable of exceeding 15 miles per hour unless it is equipped with a speedometer that is maintained in good working order.
(b) (d)  Operate a motorized scooter on a highway with a speed limit in excess of 25 miles per hour unless the motorized scooter is operated within a Class II or Class IV bikeway, except that a local authority may, by ordinance or resolution, authorize the operation of a motorized scooter outside of a Class II or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour. The 15 mile per hour maximum speed limit speed limits  for the operation of a motorized scooter specified in Section 22411 applies apply  to the operation of a motorized scooter on all highways, including bikeways, regardless of a higher speed limit applicable to the highway.
(c) (e)  Operate a motorized scooter without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212, if the operator is under 18 years of age.
(d) (f)  Operate a motorized scooter without a valid driver’s license or instruction permit.
(e) (g)  Operate a motorized scooter with any passengers in addition to the operator.
(f) (h)  Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars.
(g) (i)  Operate a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.
(h) (j)  Operate a motorized scooter on the highway with the handlebars raised so that the operator must elevate his or her  their  hands above the level of his or her  their  shoulders in order to grasp the normal steering grip area.
(i) (k)  Leave a motorized scooter lying on its side on any sidewalk, or park a motorized scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic.
(j) (l)  Attach the motorized scooter or himself or herself  themselves  while on the roadway, by any means, to any other vehicle on the roadway.

SEC. 3.

 Section 21760 of the Vehicle Code is amended to read:

21760.
 (a) This section shall be known and may be cited as the Three Feet for Safety Act.
(b) The driver of a motor vehicle overtaking and passing a bicycle or motorized scooter  that is proceeding in the same direction on a highway shall pass in compliance with the requirements of this article applicable to overtaking and passing a vehicle, and shall do so at a safe distance that does not interfere with the safe operation of the overtaken bicycle,  bicycle or motorized scooter,  having due regard for the size and speed of the motor vehicle and the bicycle,  bicycle or motorized scooter,  traffic conditions, weather, visibility, and the surface and width of the highway.
(c) A driver of a motor vehicle shall not overtake or pass a bicycle or motorized scooter  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 motorized scooter or  its operator. The driver of a motor vehicle overtaking or passing a bicycle or motorized scooter  that is proceeding in the same direction and in the same lane of travel shall, if another lane of traffic proceeding in the same direction is available, make a lane change into another available lane with due regard for safety and traffic conditions, if practicable and not prohibited by law, before overtaking or passing the bicycle. bicycle or motorized scooter. 
(d) If the driver of a motor vehicle is unable to comply with subdivision (c), due to traffic or roadway conditions, the driver shall slow to a speed that is reasonable and prudent, and may pass only when doing so would not endanger the safety of the operator of the bicycle,  bicycle or motorized scooter,  taking into account the size and speed of the motor vehicle and bicycle,  bicycle or motorized scooter,  traffic conditions, weather, visibility, and surface and width of the highway.
(e) (1) A violation of subdivision (b), (c), or (d) is an infraction punishable by a fine of thirty-five dollars ($35).
(2) If a collision occurs between a motor vehicle and a bicycle or motorized scooter  causing bodily injury to the operator of the bicycle,  bicycle or motorized scooter,  and the driver of the motor vehicle is found to be in violation of subdivision (b), (c), or (d), a two-hundred-twenty-dollar ($220) fine shall be imposed on that driver.

SEC. 4.

 Section 22411 of the Vehicle Code is amended to read:

22411.
 No A  person shall not  operate a motorized scooter at a speed in excess of 15 miles per hour. hour while standing up or in excess of 20 miles per hour while sitting down. 
SEC. 5.
 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.