Just got pulled over sort of...

Or an excuse to gripe!
Brian L.
 
I think the definition of an electric assisted bicycle and a moped is being confused here, thanks to the way California called both of them "motorized" bicycles. The California code expands on the difference in Section 24016. Here they are specifically stated not to be "motor vehicles", see the last few words in (b) (3) below. In Oregon they actually state it is really just a bicycle with a few stated restrictions. Apparently the California law makers couldn't quite get those words on the paper, but the intention seems to be the same. I would certainly use this information in court if charged with riding a "motor vehicle" on a bike path, etc.


V C Section 24016 Motorized Bicycle Electric Motor Safety and Equipment Requirements


Motorized Bicycle Electric Motor: Safety and Equipment Requirements

24016. (a) A motorized bicycle described in subdivision (b) of Section 406 shall meet the following criteria:


(1) Comply with the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.) or the requirements adopted by the National Highway Traffic Safety Administration (49 C.F.R. 571.1, et seq.) in accordance with the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec. 1381, et seq.) for motor driven cycles.

(2) Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released, will cause the electric motor to disengage or cease to function.

(b) All of the following apply to a motorized bicycle described in subdivision (b) of Section 406:

(1) No person shall operate a motorized bicycle unless the person is wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212.

(2) A person operating a motorized bicycle is subject to Sections 21200 and 21200.5.

(3) A person operating a motorized bicycle is not subject to the provisions of this code relating to financial responsibility, driver's licenses, registration, and license plate requirements, and a motorized bicycle is not a motor vehicle.

(4) A motorized bicycle shall only be operated by a person 16 years of age or older.

(5) Every manufacturer of a motorized bicycle shall certify that it complies with the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).

(c) No person shall tamper with or modify a motorized bicycle described in subdivision (b) of Section 406 so as to increase the speed capability of the bicycle.

Added Sec. 3, Ch. 804, Stats. 1995. Effective January 1, 1996.
 
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