California - Scooter floorboards = no M2 required?

Please read these laws completely and verify for yourself that they are current and valid, which as far as I know at the date I write this, they are.

V C Section 407.5 Motorized Scooters Manufacturer Disclosure
Motorized Scooters: Manufacturer Disclosure

407.5. (a) A "motorized scooter" is any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor. This device may also have a driver seat that does not interfere with the ability of the rider to stand and ride and may also be designed to be powered by human propulsion. For purposes of this section, an electric personal assistive mobility device, as defined in Section 313, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter.

(b) A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter.

(GAS GAS!)

( c) (1) A manufacturer of motorized scooters shall provide a disclosure to buyers that advises buyers that the buyers’ existing insurance policies may not provide coverage for these scooters and that the buyers should contact their insurance company or insurance agent to determine if coverage is provided.

(2) The disclosure required under paragraph (1) shall meet both of the following requirements:

(A) 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.

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

"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."

(d) (1) A manufacturer of motorized scooters shall provide a disclosure to a buyer that advises the buyer that the buyer may not modify or alter the exhaust system to cause that system to amplify or create an excessive noise, or to fail to meet applicable emission requirements.

(2) The disclosure required under paragraph (1) shall meet both of the following requirements:

(A) 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.

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

"YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE SECTION 21226, OR TO FAIL TO MEET APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE SECTION 27156."

(e) This section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2008, deletes or extends that date.

Amended Sec. 1, Ch. 755, Stats. 2004. Effective January 1, 2005.

NOTE: The preceding section becomes inoperative on January 1, 2008, at which time the following section becomes operative.

407.5 (a) A "motorized scooter" is any two-wheeled device that has handlebars, has a floorboard that is designed to be stood upon when riding, and is powered by an electric motor. This device may also have a driver seat that does not interfere with the ability of the rider to stand and ride and may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, or a motorized bicycle or moped, as defined in Section 406, is not a motorized scooter

(b) A device meeting the definition in subdivision (a) that is powered by a source other than electrical power is also a motorized scooter.

(GAS!!)

(c ) (1) A manufacturer of motorized scooters shall provide a disclosure to buyers that advises buyers that the buyers’ existing insurance policies may not provide coverage for these scooters and that the buyers should contact their insurance company or insurance agent to determine if coverage is provided.

(2) The disclosure required under paragraph (1) shall meet both of the following requirements:

(A) 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.

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

"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR ACCIDENTS INVOLVING THE USE OF THIS SCOOTER. TO DETERMINE IF COVERAGE IS PROVIDED, YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT."

(d) (1) A manufacturer of motorized scooters shall provide a disclosure to a buyer that advises the buyer that the buyer may not modify or alter the exhaust system to cause that system to amplify or create an excessive noise, or to fail to meet applicable emission requirements.

(2) The disclosure required under paragraph (1) shall meet both of the following requirements:

(A) 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.

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

"YOU MAY NOT MODIFY OR ALTER THE EXHAUST SYSTEM OF THIS SCOOTER TO CAUSE IT TO AMPLIFY OR CREATE EXCESSIVE NOISE PER VEHICLE CODE SECTION 21226, OR TO FAIL TO MEET APPLICABLE EMISSION REQUIREMENTS PER VEHICLE CODE 27156."

(e) This section shall become operative on January 1, 2008.
Added Sec. 3, Ch. 979, Stats. 2002. Effective January 1, 2003. Operative January1, 2008.
Amended Sec. 2, Ch. 755, Stats. 2004. Effective January 1, 2005.


CALIFORNIA CODES
VEHICLE CODE
SECTION 21220-21235


21220. (a) The Legislature finds and declares both of the
following:
(1) This state has severe traffic congestion and air pollution
problems, particularly in its cities, and finding ways to reduce
these problems is of paramount importance.
(2) Motorized scooters that meet the definition of Section 407.5
produce no emissions and, therefore, do not contribute to increased
air pollution or increase traffic congestion.
(b) It is the intent of the Legislature in adding this article to
promote the use of alternative low-emission or no-emission
transportation.

21220.5. For the purposes of this article, a motorized scooter is
defined in Section 407.5.

21221. Every person operating a motorized scooter upon a highway
has all the rights and is subject to all the provisions applicable to
the driver of a vehicle by this division, including, but not limited
to, provisions concerning driving under the influence of alcoholic
beverages or drugs, and by Division 10 (commencing with Section
20000), Division 17 (commencing with Section 40000.1), and Division
18 (commencing with Section 42000), except those provisions which, by
their very nature, can have no application.

21221.5. Notwithstanding Section 21221, it is unlawful for any
person to operate a motorized scooter upon a highway while under the
influence of an alcoholic beverage or any drug, or under the combined
influence of an alcoholic beverage and any drug. Any person
arrested for a violation of this section may request to have a
chemical test made of the person's blood or breath for the purpose of
determining the alcoholic or drug content of that person's blood
pursuant to subdivision (d) of Section 23612, and, if so requested,
the arresting officer shall have the test performed. A conviction of
a violation of this section shall be punished by a fine of not more
than two hundred fifty dollars ($250).

21223. (a) Every motorized scooter operated upon any highway during
darkness shall be equipped with the following:
(1) Except as provided in subdivision (b), a lamp emitting a white
light which, while the motorized scooter is in motion, illuminates
the highway in front of the operator and is visible from a distance
of 300 feet in front and from the sides of the motorized scooter.
(2) Except as provided in subdivision ( c), a red reflector on the
rear that is visible from a distance of 500 feet to the rear when
directly in front of lawful upper beams of headlamps on a motor
vehicle.
(3) A white or yellow reflector on each side visible from the
front and rear of the motorized scooter from a distance of 200 feet.

(b) A lamp or lamp combination, emitting a white light, attached
to the operator and visible from a distance of 300 feet in front and
from the sides of the motorized scooter, may be used in lieu of the
lamp required by paragraph (1) of subdivision (a).
(c ) A red reflector, or reflectorized material meeting the
requirements of Section 25500, attached to the operator and visible
from a distance of 500 feet to the rear when directly in front of
lawful upper beams of headlamps on a motor vehicle, may be used in
lieu of the reflector required by paragraph (2) of subdivision (a).

21224. (a) A person operating a motorized scooter is not subject to
the provisions of this code relating to financial responsibility,
registration, and license plate requirements, and, for those
purposes, a motorized scooter is not a motor vehicle.
(b) A motorized scooter is exempt from the equipment requirements
in Division 12 (commencing with Section 24000), except for Sections
24003 and 27400, Article 4 (commencing with Section 27450) of Chapter
5 of Division 12, and Section 27602.
(c ) Notwithstanding subdivision (b), any motorized scooter may be
equipped with equipment authorized by Division 12 (commencing with
Section 24000).
(d) Any motorized scooter equipped with lighting equipment that is
authorized by Division 12 (commencing with Section 24000) shall meet
the lighting requirements in Article 1 (commencing with Section
24250) of Chapter 2 of Division 12 for that equipment.

21225. This article does not prevent local authorities, by
ordinance, from regulating the registration of motorized scooters and
the parking and operation of motorized scooters on pedestrian or
bicycle facilities, if the regulation is not in conflict with this
code.

21227. (a) A motorized scooter shall comply with one of the
following:
(1) Operate in a manner so that the electric motor is disengaged
or ceases to function when the brakes are applied.
(2) Operate in a manner so 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) It is unlawful for a person to operate a motorized scooter
that does not meet one of the requirements of subdivision (a).


21228. (a) Any person operating a motorized scooter upon a highway
at a speed less than the normal speed of traffic moving in the same
direction at that time shall ride as close as practicable to the
right-hand curb or right edge of the roadway, except under the
following situations:
(1) When overtaking and passing another vehicle proceeding in the
same direction.
(2) When preparing for a left turn, the operator shall stop and
dismount as close as practicable to the right-hand curb or right edge
of the roadway and complete the turn by crossing the roadway on
foot, subject to the restrictions placed on pedestrians in Chapter 5
(commencing with Section 21950).
(3) (A) When reasonably necessary to avoid conditions, including,
but not limited to, fixed or moving objects, vehicles, bicycles,
pedestrians, animals, surface hazards, or substandard width lanes,
which make it unsafe to continue along the right-hand curb or right
edge of the roadway, subject to Section 21656.
(B) For the purposes of subparagraph (A), a "substandard width
lane" is a lane that is too narrow for a motorized scooter and
another vehicle to travel safely side by side within the lane.
(4) Any person operating a motorized scooter upon a highway that
carries traffic in one direction only and has two or more marked
traffic lanes may operate the motorized scooter as near the left-hand
curb or left edge of that roadway as practicable.
However, when preparing for a right turn, the operator shall stop
and dismount as close as practicable to the left-hand curb or left
edge of the highway and complete the turn by crossing the roadway on
foot, subject to the restrictions placed on pedestrians in Chapter 5
(commencing with Section 21950).


21229. (a) Whenever a class II bicycle lane has been established on
a roadway, any person operating a motorized scooter upon the roadway
shall ride within the bicycle lane, except that the person may move
out of the lane under any of the following situations:
(1) When overtaking and passing another vehicle or pedestrian
within the lane or when about to enter the lane if the overtaking and
passing cannot be done safely within the lane.
(2) When preparing for a left turn, the operator shall stop and
dismount as close as practicable to the right-hand curb or right edge
of the roadway and complete the turn by crossing the roadway on
foot, subject to the restrictions placed on pedestrians in Chapter 5
(commencing with Section 21950).
(3) When reasonably necessary to leave the bicycle lane to avoid
debris or other hazardous conditions.
(4) When approaching a place where a right turn is authorized.
(b) No person operating a motorized scooter shall leave a bicycle
lane until the movement can be made with reasonable safety and then
only after giving an appropriate signal in the manner provided in
Chapter 6 (commencing with Section 22100) in the event that any
vehicle may be affected by the movement.

21230. Notwithstanding any other provision of law, a motorized
scooter may be operated on a bicycle path or trail or bikeway, unless
the local authority or the governing body of a local agency having
jurisdiction over that path, trail, or bikeway prohibits that
operation by ordinance.

21235. The operator of a motorized scooter shall not do any of the
following:
(a) Operate a motorized scooter unless it is equipped with a brake
that will enable the operator to make a braked wheel skid on dry,
level, clean pavement.
(b) Operate a motorized scooter on a highway with a speed limit in
excess of 25 miles per hour unless the motorized scooter is operated
within a class II bicycle lane.
( c) Operate a motorized scooter without wearing a properly fitted
and fastened bicycle helmet that meets the standards described in
Section 21212.
(d) Operate a motorized scooter when the operator is under the age
of 16 years.
(e) Operate a motorized scooter with any passengers in addition to
the operator.
(f) Operate a motorized scooter carrying any package, bundle, or
article that prevents the operator from keeping at least one hand
upon the handlebars.
(g) Operate a motorized scooter upon a sidewalk, except as may be
necessary to enter or leave adjacent property.
(h) Operate a motorized scooter on the highway with the handlebars
raised so that the operator must elevate his or her hands above the
level of his or her shoulders in order to grasp the normal steering
grip area.
(i) Leave a motorized scooter lying on its side on any sidewalk,
or park a motorized scooter on a sidewalk in any other position, so
that there is not an adequate path for pedestrian traffic.
(j) Attach the motorized scooter or himself or herself while on
the roadway, by any means, to any other vehicle on the roadway.

The conclusion that I draw from this is that if you make floorboards big enough to stand on reasonably while riding, like a scooter, then your bike is technically a motorized scooter and you don't need the motorized bicycle registration or M2 permit. You would also not need pedals, since scooters don't require, but may have pedals if desired.

What are your thoughts on this?

Do you think the local authorities will still label your bike as a motorized bicycle just to ticket you for having no registration or motorcycle license, or might this be a valid way of being able to enjoy a motorized bicycle with less hassle?

Technically we are the manufacturers of our motorized "scooters" so could we copy the above disclaimer text and print it out, along with the regs. When pulled over it would be hilarious to read this whole document aloud whilst jumping up and down on out floorboards to display standing ability, lol. It's a scooter dammit!

Here's the newest public info.

https://www.dmv.ca.gov/motorcycles/motorcycles.htm
http://www.chp.ca.gov/html/motors.html

Notice how the CHP doesn't say much about gopeds, lol. I think they hate these things because the law allows for so much user freedom, if you look at the laws there are no displacement or power restrictions!

This is all the newest law, they're still perfectly legal to ride with a auto license.

http://www.dmv.ca.gov/pubs/dl655/mcycle_htm/operation.htm?lang=en#motorizedscooter

Motorized Scooter

A motorized scooter is defined as any two-wheeled “device” with

A motor, handlebars, and a floorboard for standing on when riding, and
The options of having:
A driver seat which cannot interfere with the operator’s ability to stand and ride.
The ability to be powered by human propulsion.

NOTE: A motorized scooter may be driven with any class driver license. A motorized scooter may not be used to take a Class M1 or M2 skills test. The motorized scooter’s exhaust system must not be modified or altered.

Click to expand...

Class M2—You may operate any motorized bicycle, moped, or a bicycle with an attached motor, or a motorized scooter.

Click to expand...

Aha, you see, California law is very manipulative toward revenue generation, if you don't read the other regulations too, you'd think that you're required to have a motorcycle license to operate a goped, that's absolutely not the case.

This is good news dude! Any entry impediment to motorized bicycling hurts the community, this blows it wide open for modifications (if you choose to be a "manufacturer", meaning doing a nice job) and pedals optional, as well as not needing to deal with the M2 test or fees.

The more of us ride these things, the better off the state is anyways, especially if we all tune our carbs to run clean and run cat pipes. Eventually some simple fuel injection kits aren't out of the question to make gas motorized bikes have fine emissions control like automobiles or modern motorcycles. Even if they do smoke a bit, the fact that they're not clogging up the highway means the other cars can emit less getting to their destinations so the net loss of emissions is great from enhancing traffic flow through encouraging scooter use.

Wow, I'm surprised there isn't more interest in this topic, since it's easy to add some small floorboards to your frame to stand on and relieve yourself from some technical requirements of a motorized bicycle by definition. I'm definitely adding them to my OCC and probably to the Motobike as well, with batteries inside.

There's nothing in the regs about speed limit maximum (other than the posted limit) for motorized skateboards and motor scooters, if there is, please bring up the reference from the DMV website.

Oh here it is:

21235. The operator of a motorized scooter shall not do any of the following:
(a) Operate a motorized scooter unless it is equipped with a brake that will enable the operator to make a braked wheel skid on dry, level, clean pavement.
(b) Operate a motorized scooter on a highway with a speed limit in excess of 25 miles per hour unless the motorized scooter is operated within a class II bicycle lane.
Operate a motorized scooter without wearing a properly fitted and fastened bicycle helmet that meets the standards described in Section 21212.
(d) Operate a motorized scooter without a valid driver’s license or instruction permit.
(e) Operate a motorized scooter with any passengers in addition to the operator.
(f) Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars.
(g) Operate a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.
(h) Operate a motorized scooter on the highway with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip area.
(i) Leave a motorized scooter lying on its side on any sidewalk, or park a motorized scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic.
(j) Attach the motorized scooter or himself or herself while on the roadway, by any means, to any other vehicle on the roadway.

Pursuant to California Vehicle Code section 407.5, a go-ped® is a motorized scooter.
See also sections 21220, et seq.

So basically from what I read from section (b) says that you need to ride on the side of a wide road with a striped or marked bike lane to go faster than 25. Seems like a stupid law because you're supposed to observe bikers speed in the bike lane but I guess the sensible medium is staying to the side of the road unless it's unsafe to not claim the lane because of danger cagers. That would mean 25-30 is your sensible speed limit.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=21001-22000&file=21220-21235

My conclusion from this is that if you can use a bike without pedals if it has floorboards if you're on surface streets or roads with a white stripe. Within reason, the same legal speed limit as mopeds and MB's of 30 would apply or slower around people obviously. There's nothing about the size of the scooter, and you're permitted a seat that doesn't interfere with the floorboards. Floorboards are overgrown pegs. There are less restrictions on goped engines legally, so you could have more displacement legally for climbing hills. Perhaps this is the reason behind a particular pit scooter I saw at the track with a 200cc motor.




I'm not saying pedals are bad, but if you have floorboards, then all you would need is a automobile license to ride your MB legally, and the motor would be less restricted. This is good news for the four stroke crowd, a sort of vindication

http://www.goped.com/oldsite/html-laws/california.htm

21228. (a) Any person operating a motorized scooter upon a highway
at a speed less than the normal speed of traffic moving in the same
direction at that time shall ride as close as practicable to the
right-hand curb or right edge of the roadway, except under the
following situations:
(1) When overtaking and passing another vehicle proceeding in the
same direction.

Click to expand...

21235. The operator of a motorized scooter shall not do any of the
following:
(a) Operate a motorized scooter unless it is equipped with a brake
that will enable the operator to make a braked wheel skid on dry,
level, clean pavement.
(b) Operate a motorized scooter on a highway with a speed limit in
excess of 25 miles per hour unless the motorized scooter is operated
within a class II bicycle lane.

Click to expand...

Dude, Neil, have you read the legal resources, straight from the state themselves which wherein it says nowhere that the speed limit for a motorized scooter is 15mph? What's your game? Why do you resist legal interpretation that takes away the mystery and allows freedom?



Show me the link to the DMV or state of CA legal archive where the current law is that the speed limit for a goped is 15 mph!

References to CA government website legal refs or it's not an argument

The CHP website isn't the legal resource used in the court of law, the actual DMV.gov laws are.

Although it's on the CHP website it is nowhere in the legal RSA's, I challenge you to find the actual law stating that the speed limit is 15 mph.

Okay alright Neil, here it is.
http://www.dmv.ca.gov/pubs/vctop/d11/vc22411.htm

15mph is the legal speed limit for a scooter. That is not to say that this doesn't alleviate the M2 requirement, and the right to use a more powerful motor to get up to 15mph more quickly! There's also nothing about an automatic gearbox requirement. This could be used to street legalize trials type bikes for getting to trail heads, since the type of gearing you'd want wouldn't go past 15 anyways.

This is more important to those who get popped by a cop who says that they can't have that, when why yes we can. Defense if you ever get stopped for a noped or a big engine

A china girl would probably work for a trials bike if geared down low enough to have a 20 mph top speed. lol

I mean this is compromised by the 15 mph limit, but it's at least something if you can't mount pedals because it won't work or would be unsafe or whatever. On my OCC the stock pedal location is unsafe for how I was riding it aggressively and standing on the pedals, pegs is the solution, but there's room by the rear wheel for a platform for whatever, floorboards. On my Motobike, the pedals would need to be so wide I wouldn't be able to lean, and I need something to keep from stepping on the motor all the time, floorboards!

See a cop, better have a quiet exhaust and slow the heck down! That's my plan for now before I figure out some long term solutions. The OCC will prolly get pedals and the Motobike, electric power to make it a 25mph legal hybrid-electric bike without reggie.

I'm going to probably get my M1 cert this month so whatever, but the floorboards give the bikes a level of dorkiness, if you can live with it I think it makes you look more innocuous to police than having just a bike that looks like a mean light motorcycle.

For the extreme end of this you can have a bike with such an uncomfortable seat that you could argue that its only meant for standing on: