Vehicles: bicycles., the official text

An act to amend Section 21204 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

Existing law, the California Bicycle Transportation Act, establishes 4 classifications of facilities, referred to as bikeways, that provide primarily for, and promote, bicycle travel. Existing law requires a person operating a bicycle, which includes an electric bicycle, upon a highway to ride the bicycle upon or astride a permanent and regular seat unless the bicycle was designed by the manufacturer to be ridden without a seat. Existing law requires a person riding as a passenger on a bicycle upon a highway to be upon or astride a seat attached to the bicycle, as specified. A violation of these provisions in punishable as an infraction.
This bill would make those provisions applicable to the operation of a bicycle upon a Class I bikeway. By expanding an existing infraction, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

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

SECTION 1.
Section 21204 of the Vehicle Code is amended to read:
21204.
(a) A person operating a bicycle upon a highway or a Class I bikeway, as defined in Section 890.4 of the Streets and Highways Code, shall not ride other than upon or astride a permanent and regular seat attached thereto, unless the bicycle was designed by the manufacturer to be ridden without a seat.
(b) An operator shall not allow a person riding as a passenger, and a person shall not ride as a passenger, on a bicycle upon a highway or a Class I bikeway, as defined in Section 890.4 of the Streets and Highways Code, other than upon or astride a separate seat attached thereto. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

SEC. 2.
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.