California Call To Arms For A Fastbike Law.

Ca. Assembly Bill No. 2173
CHAPTER 60


An act to amend Section 406 of the Vehicle Code, relating to vehicles.


[ Approved by Governor June 25, 2014. Filed with Secretary of State June 25, 2014. ]



LEGISLATIVE COUNSEL'S DIGEST


AB 2173, Bradford. Vehicles: motorized bicycles.


Existing law prohibits the operation of a motorized bicycle on a highway unless the owner applies for a license plate and attaches it to the bicycle, as specified. Existing law also requires a specified driver's license or endorsement to operate a motorized bicycle or a moped, except as specified. For purposes of these provisions, existing law defines a "motorized bicycle" or "moped" in one case as any 2-wheeled or 3-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

This bill would redefine a "motorized bicycle" or "moped" by increasing the maximum gross brake horsepower that its motor produces to less than 4.

Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

Bill Text



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



SECTION 1. Section 406 of the Vehicle Code is amended to read:





406. (a) A "motorized bicycle" or "moped" is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

(b) A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:

(1) Has a power output of not more than 1,000 watts.

(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.

(3) Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.

(4) Every manufacturer of motorized bicycles, as defined in this subdivision, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided.

(c) The disclosure required under paragraph (4) of subdivision (b) shall meet both of the following requirements:

(1) 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.

(2) The disclosure shall include the following language in capital letters:

"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE CMPANY OR AGENT.
 
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Ca. Assembly Bill No. 2173
CHAPTER 60


An act to amend Section 406 of the Vehicle Code, relating to vehicles.


[ Approved by Governor June 25, 2014. Filed with Secretary of State June 25, 2014. ]



LEGISLATIVE COUNSEL'S DIGEST


AB 2173, Bradford. Vehicles: motorized bicycles.


Existing law prohibits the operation of a motorized bicycle on a highway unless the owner applies for a license plate and attaches it to the bicycle, as specified. Existing law also requires a specified driver's license or endorsement to operate a motorized bicycle or a moped, except as specified. For purposes of these provisions, existing law defines a "motorized bicycle" or "moped" in one case as any 2-wheeled or 3-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

This bill would redefine a "motorized bicycle" or "moped" by increasing the maximum gross brake horsepower that its motor produces to less than 4.

Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

Bill Text



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



SECTION 1. Section 406 of the Vehicle Code is amended to read:





406. (a) A "motorized bicycle" or "moped" is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

(b) A "motorized bicycle" is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:

(1) Has a power output of not more than 1,000 watts.

(2) Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.

(3) Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.

(4) Every manufacturer of motorized bicycles, as defined in this subdivision, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided.

(c) The disclosure required under paragraph (4) of subdivision (b) shall meet both of the following requirements:

(1) 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.

(2) The disclosure shall include the following language in capital letters:

"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.
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AND: Brake horse power and cc could be between 50cc and 90cc depending on the engine insides, so remember it is really the speed limit that will get you in trouble with law enforcement -or- your bike falling apart because of the speed it was not designed for...:sick:
 
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AND: Brake horse power and cc could be between 50cc and 90cc depending on the engine insides, so remember it is really the speed limit that will get you in trouble with law enforcement -or- your bike falling apart because of the speed it was not designed for...:sick:
You nailed it TJ, it's speed that draws Leos attention not the cc's or watts. It's nice to know though that we'll soon be legal to operate our MBs with a 120cc Honda engine or one of the larger 2975w electric hub motors. Both having lots of torque for take offs and hills while still cruising comfortably along at 30mph.
 
Talked to that assemblyman's group, the bill is now dead. It was sponsored by a national group of pedal asst manufacturers, but is now dead. I am working with the city of L.A. and also the Calif. State Assembly to get bigger bikes regulated and legalized for transportation and bike paths safer for ebikes regardless of motor size or top speed, stay tuned.
 
Talked to their office. At the last moment they appended the bill, however I got my original proposal to legislatures too and they are studying it. Also in Los Angeles they have a major interest here and working with the state to append and make my original proposals in chunks or piece by piece as I have been informed. Bradford's bill was financed by out-of-state pedal only assist manufacturers who actually wanted an environment in state to sell their slow expensive pedal assist products, so they bought a legislature sadly. I have tried to get this fixed. Here are my arguable points.

Weight is irrelevant when it comes to for example an ebike. Because you can have a 120 lb girl on a kilowatt bike weighing in at around 65 pounds for a total weight of 185lbs and a 325 pound male on a polycarbon bike with 33 gears and a bike that weighs about 25 pounds for a grand weight of 350 lbs. While the ebike tops out at around 28 - 32mph give or take a mph, the polycarbon rider can easily surpass that, which one does more danger weight wise? Exactly my point. 350 lbs at 38mph or 185 lbs at 32 mph. In addition if you post a maximum bicycle speed limit, then the motor size nor top speed really matters anymore because you exceed those speed limits and you get ticketed, much like a Porsche on a 35mph road.

They now have this legislation to open all bike paths legally to motorized bicycles with a simple maximum speed limit signage on the BP. This simplified everything. So in 2015 things could begin to change, meanwhile ab2173 should be considered temp. In addition a police officer said they are flexible when it comes to ebikes and I suspect gbikes too. They key is riding them slowly and safety. If someone goes racing in the middle of a street, running lights, almost sideswiping cars and pedestrians, then the cops will go after them as a danger. If you are cautious and safe, the probability they will stop you is smaller.
 
Assembly Bill No. 2173
CHAPTER 60

An act to amend Section 406 of the Vehicle Code, relating to vehicles.

[ Approved by Governor *June*25,*2014. Filed with Secretary of State *June*25,*2014. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 2173, Bradford. Vehicles: motorized bicycles.
Existing law prohibits the operation of a motorized bicycle on a highway unless the owner applies for a license plate and attaches it to the bicycle, as specified. Existing law also requires a specified driver’s license or endorsement to operate a motorized bicycle or a moped, except as specified. For purposes of these provisions, existing law defines a “motorized bicycle” or “moped” in one case as any 2-wheeled or 3-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.
This bill would redefine a “motorized bicycle” or “moped” by increasing the maximum gross brake horsepower that its motor produces to less than 4.
DIGEST KEY
Vote: majority** Appropriation: no** Fiscal Committee: no** Local Program: no**

BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.*Section 406 of the Vehicle Code is amended to read:

406.*(a)*A “motorized bicycle” or “moped” is a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

(b)*A “motorized bicycle” is also a device that has fully operative pedals for propulsion by human power and has an electric motor that meets all of the following requirements:
(1)*Has a power output of not more than 1,000 watts.

(2)*Is incapable of propelling the device at a speed of more than 20 miles per hour on ground level.

(3)*Is incapable of further increasing the speed of the device when human power is used to propel the motorized bicycle faster than 20 miles per hour.

(4)*Every manufacturer of motorized bicycles, as defined in this subdivision, shall provide a disclosure to buyers that advises buyers that their existing insurance policies may not provide coverage for these bicycles and that they should contact their insurance company or insurance agent to determine if coverage is provided.

(c)*The disclosure required under paragraph (4) of subdivision (b) shall meet both of the following requirements:

(1)*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.

(2)*The disclosure shall include the following language in capital letters:
“YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT.”
 
Papamotors controller has a "Limitor" option which is 2 wires. When plugged together this forces the top speed on their 1kw 48volt bike to no more than 19mph, thus bumping it into the older class 406b category.
 
Update on L.A. Muni Bike Paths.

My original proposals went to the L.A. City Council. I brought an ebike and explained it to them and also showed it being ridden safely and highlighted my comments. This after State Senator Hertzberg in Cali asked me to take this to municipality. They are very interested in testing Los Angeles and its many bike paths out for at least EBikes for now. Regardless of motor size, bike weight or top speed. This by considering posting a max speed limit for all L.A. bike paths, which would make riding fast irrelevant otherwise violators would face a stiff ticket cost. The LA CC forwarded my proposals to the LA DOT who now has it to consider. Besides this, movela and the Mayor's office are also eyeing this. If it passes, it would be on trial for a short while in Los Angeles as a test city for the entire State. The senator would also consider a national push if the state were to adopt this. In addition to opening up the bike paths around Los Angeles my proposal also recommended opening power outlets at the bus terminals or around bike paths for ebike users who need to amp up. Anyhow, it will be a bit, but I have pushed hard for this to become a trial reality and it appears on its way. I'll update this more once I get word from the LA CC on what the LA DOT decides as it is in their court right now.
 
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