[SDCBC] 60mph in the Bike Lane?

[JonIsaacs at aol.com]

In a message dated 8/16/07 6:55:50 PM Pacific Daylight Time, 
tlettington at san.rr.com writes:

> Tonight on Channel 10 News, a man was interviewed who is the first to 
> own a new all-electric scooter (read as motorcycle) that is freeway 
> legal and can reach a top speed of 60 mph.  He claims in the 
> interview that he is legally allowed to operate his vehicle Bike Lanes.
> 
> Could this possibly be true?  The implications are astounding!!
> 
> More research is required.
> 
>    - Tom
------

Definitely not true:

http://www.dmv.ca.gov/pubs/vctop/d11/vc21209.htm

"21209.  (a)  No person shall drive a motor vehicle in a bicycle lane         
                  established on a roadway pursuant to Section 21207 except 
as follows:  
    (1) To park where parking is permitted.     
    (2) To enter or leave the roadway.  
    (3) To prepare for a turn within a  distance of 200 feet from the 
intersection.                                      

        ( b) This section does not prohibit the use of a motorized bicycle in 
a bicycle lane, pursuant to Section 21207.5, at a speed no greater than is 
reasonable                           or prudent, having due regard for 
visibility, traffic conditions, and the condition of the roadway surface of the bicycle 
lane, and in a manner which does not                           endanger the 
safety of bicyclists. "

This is the definition of a motorized bicycle:

http://www.dmv.ca.gov/pubs/vctop/d01/vc406.htm

"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."

-----

Clearly a vehicle capable of 60mph is not a motorized bicycle and therefore 
it is illegal to operate in the bike lanes. 

It appears that mopeds and other underpowered two wheeled vehicles are not 
permitted in the bike lane, only motorized bicycles, at least that is what the 
DMV is saying.  I was under the impression that they were legal.

Jon














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