AB 197

Under current law, a "moped" is defined to include a bicycle-type vehicle, which

has fully operative pedals and an engine that is an integral part of the vehicle, that

is capable of a speed of not more than 30 miles per hour with a 150-pound rider on

a dry, level, hard surface with no wind. A "motor bicycle" is defined as a bicycle to

which a power unit not an integral part of the vehicle has been added to permit the

vehicle to travel at a speed of not more than 30 miles per hour under the same

conditions. Certain legal consequences follow from the classification of a vehicle as

a moped or a motor bicycle. For example, a motor bicycle is exempt from the

requirement of vehicle registration with the Department of Transportation (DOT),

while a moped must be registered with DOT in the same manner as a motorcycle.

Also, with exceptions, mopeds are generally treated similarly to motorcycles for

purposes of traffic regulation and vehicle equipment requirements, while motor

bicycles are generally treated similarly to bicycles. However, a person must possess

a valid operator's license to operate on a highway either a moped or a motor bicycle.

This bill expands the definition of "motor bicycle" to include a two-wheeled or

three-wheeled vehicle that has fully operative pedals and an electric motor of less

than 750 watts and that is capable, when powered solely by the motor, of a maximum

speed of less than 20 miles per hour with a 170-pound rider on a dry, level, hard

surface with no wind. This definition is similar to the definition under current

federal law of "low-speed electric bicycle." The bill also specifies that such a vehicle

is not a moped.