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

[JonIsaacs at aol.com]

It is not clear exactly which laws apply. I am hoping that  someone who has 
specific knowledge here will clarify this.
 
 For example, from your Wikipedia link I found the following:
 
"TEA-21 and SAFETEA-LU[_clarify_ 
(http://en.wikipedia.org/wiki/Wikipedia:Please_clarify) ]  Specify that legal Ebikes, as defined above, are legal on urban 
bicycle trail  systems getting any federal funding unless states or local 
entities have passed  laws specifically dis-allowing electric assist bicycles. 
Under Federal Law,  Ebikes are NOT considered motor vehicles unless the state or 
local entity has  passed a law otherwise."
 
My DMV link it stated that motorized bicycles were not allowed on bike  paths 
and so since apparently state law does trump federal law, then it is not  
clear exactly what is legal.
 
Of course this is all a moot point because the Honda C70 in question is  
neither electrically powered nor is it a motorized bicycle but rather a small  
motorcycles capable of probably 50mph on a good day.
 
_http://en.wikipedia.org/wiki/Honda_C70_ 
(http://en.wikipedia.org/wiki/Honda_C70) 
 
Jon Isaacs
 
 
 
 
In a message dated 7/11/2008 2:08:22 P.M. Pacific Daylight Time,  
econver at yahoo.com writes:

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_ 
(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_ 
(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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