[SDCBC] Motor scooters in the Rose Canyon Bike Path.

[Eric Converse]

Moreover, Federal law states the following:

SAFETEA-LU is a 2005 Federal Re-authorization of the 1990s TEA-21, and
renews the exclusion of legal ebikes from the classification of 'motor
vehicles' from urban trail use unless a specific local ebike statute is
passed.

Note:  The Rose Creek Bike Path is adjacent to a roadway, namely I-5.

Eric


----- Original Message ----
From: "JonIsaacs at aol.com" <JonIsaacs at aol.com>
To: sdcbc at bikesandiego.org
Sent: Friday, July 11, 2008 12:08:08 PM
Subject: Re: [SDCBC] Motor scooters in the Rose Canyon Bike Path.

In a message dated 7/11/2008 11:06:55 AM Pacific Daylight Time, econver at yahoo.com writes:


>>>There are specific laws regarding this matter.  Low-power electric bicycles and motor scooters (capable of speeds less than 20mph) are allowed on those paths.  In some states the speed is higher.  However, in California the law specifically states 20mph and less.  I don't want anyone to get the wrong idea that our legal electric bicycles are not allowed on all of the same pathways as normal bicycles.

http://en.wikipedia.org/wiki/Electric_bicycle_laws#California


-----------------------------





My understanding is that motorized bicycles are allowed in bike lanes but not on bike paths.  Searching the DMV website, this is what I found:

http://www.dmv.ca.gov/pubs/vctop/d11/vc21207_5.htm


"Motorized Bicycles: Prohibited Operation21207.5.  Notwithstanding Sections 21207 and 23127 of this code, or any other provision of law, no motorized bicycle may be operated on a bicycle path or trail, bikeway, bicycle lane established pursuant to Section 21207, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority or the governing body of a public agency having jurisdiction over such path or trail permits, by ordinance, such operation. 

Amended Ch. 373, Stats. 1979. Effective January 1, 1980."

Since the federal law allows for state and local governments to override the requirement that federally funded bikeways be restricted as they so choose, it seems to me motorized bikes are not allowed.

Hopefully Jim, Kathy or some can help clarify this. 

  











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