Compare Versions


PDF |Add To My Favorites |Track Bill | print page

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



Current Version: 09/18/20 - Chaptered         Compare Versions information image


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. an electrically 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, or other similar personal transportation device, except as provided in subdivision (b) of 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 for rent through a digital  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 the city or county with jurisdiction over the area of use that, at a minimum, meets both the following requirements:
(1) (b)  Requires the shared mobility service provider to maintain general liability insurance that covers liabilities incurred by  Before distribution of a shared mobility device, a shared mobility service provider shall enter into an agreement with, or obtain a permit from, the city or county with jurisdiction over the area of use. The agreement or permit shall, at a minimum, require that  the shared mobility service provider and a shared mobility device user with a policy limit of at least five million dollars ($5,000,000)  maintain commercial general liability insurance coverage with a carrier doing business in California, with limits not less than one million dollars ($1,000,000) for  each occurrence for bodily injury and or  property damage, including contractual liability, personal injury, and products and completed operations. The general liability  product liability and completed operations, and not less than five million dollars ($5,000,000) aggregate for all occurrences during the policy period. The  insurance shall not exclude coverage for injuries or damages caused by the shared mobility service provider to the shared mobility devise 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  A city or county that authorizes a provider to operate within its jurisdiction on or after January 1, 2021, shall adopt rules for the operation, parking, and maintenance of shared mobility devices before a provider may offer  any shared mobility device for rent or use,  use in  the city or county with jurisdiction over the area of use shall adopt safety rules regarding the use of the shared mobility devices. by any of the following: 
(A) Ordinance.
(B) Agreement.
(C) Permit terms.
(2) A city or county that authorized a provider to operate within its jurisdiction before January 1, 2021, and continues to provide that authorization shall adopt rules for the operation, parking, and maintenance of shared mobility devices by January 1, 2022, by any of the following:
(A) Ordinance.
(B) Agreement.
(C) Permit terms.
(2) (3)  The shared mobility service  A provider  shall comply with all safety rules  applicable rules, agreements, and permit terms  established pursuant to paragraph (1). this subdivision. 
(d) A  Nothing in this section shall prohibit a  city or county may adopt any other provision it deems necessary for public safety and health that are 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.